reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 43 - Related Services; Transitions; Transfer of Rights › Section 43-1 - Related services

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-18-2-1.7; IC 20-19-2; IC 20-35; IC 25-23.5;
				  IC 25-27-1-2.5; IC 25-35.6
Sec. 1.
(a) "Related
				services" means transportation and developmental, corrective, and other
				supportive services that are required for a student to benefit from special
				education. The public agency must provide related services to a student if the
				student's CCC determines that related services are necessary for the student to
				benefit from special education.
(b)
				Related services may be provided as:
(1)
				direct services by qualified professionals; or
(2) integrated services by teachers or
				paraprofessionals acting in accordance with the instructions of qualified
				professionals.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 43 - Related Services; Transitions; Transfer of Rights › Section 43-2 - Transition from early intervention services (Part C) to early childhood special education (Part B)

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 2.
(a) The
				public agency's obligation to make a free appropriate public education
				available to a student with a disability begins on the student's third
				birthday.
(b) The public agency
				must do the following:
(1) Establish,
				maintain, and implement policies and procedures to assist the child
				participating in early intervention programs under Part C of the Individuals
				with Disabilities Education Act,
				20 U.S.C.
				1400 et seq., who will be participating in
				early childhood special education experience a smooth and effective transition
				in a manner consistent with Part C of the Act.
(2) Participate in transition planning
				conferences convened by the Part C service coordinator, with the approval of
				the parent of the child. The transition planning conferences must be conducted
				in accordance with Part C of the Individuals with Disabilities Education
				Act.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 43 - Related Services; Transitions; Transfer of Rights › Section 43-3 - Review of transition age students

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 3.
Upon obtaining written consent from parents or students of
				  legal age to disclose confidential educational records in accordance with
				  511 IAC
				  7-38-1(q)(1), the public agency and
				  the vocational rehabilitation counselor must confer at least one (1) time per
				  year to review transition age students. If the public agency and the vocational
				  rehabilitation counselor believe a student may be eligible for and benefit from
				  vocational rehabilitation services, the public agency must do the following:
(1) Obtain written consent, as defined
				in
				511 IAC
				7-32-17, from the parent or the student of legal age
				to invite the vocational rehabilitation counselor to the CCC meeting that will
				take place during the school year before the student's projected final year of
				school, or earlier, if appropriate.
(2) Provide adequate notice to the vocational
				rehabilitation counselor regarding the CCC meeting described in subdivision
				(1). The notification to the vocational rehabilitation counselor must include
				the:
(A) name;
(B) address;
(C) age; and
(D) identified disability;
of the student for whom the CCC meeting is being
				  conducted.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 43 - Related Services; Transitions; Transfer of Rights › Section 43-4 - Transition individualized education program

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-30-4; IC 20-30-10-2; IC
				  20-32-4-14; IC 20-35; IC 22-4.1-2
Sec. 4.
(a) The CCC
				must develop a transition IEP that will be in effect when the student:
(1) enters into grade 9; or
(2) becomes fourteen (14) years of age;
whichever occurs first, or earlier if determined appropriate
				  by the CCC.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 43 - Related Services; Transitions; Transfer of Rights › Section 43-5 - Transfer of rights to student

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35; IC 29-3
Sec. 5.
(a) Except as
				provided in subsection (b), when a student becomes a student of legal age, as
				defined in
				511 IAC
				7-32-91, all of the rights that were formerly provided
				to the student's parents under this article transfer to the student of legal
				age.
(b) If a student who has
				attained eighteen (18) years of age has:
(1)
				a guardian appointed under IC 29-3, the rights under this article must transfer
				to the guardian unless specifically provided otherwise in the guardianship
				order; or
(2) an educational
				representative appointed according to the procedures in section 6 of this rule,
				the rights under this article must transfer to the student's educational
				representative.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 43 - Related Services; Transitions; Transfer of Rights › Section 43-6 - Appointment of an educational representative

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35; IC 29-3
Sec. 6.
(a) Any
				student eligible for special education and related services who has become
				eighteen (18) years of age and has not had a guardian appointed under IC 29-3
				may have an educational representative appointed to make educational decisions
				on the student's behalf if the student:
(1)
				requests in writing that an educational representative be appointed;
				or
(2) is certified as unable to
				provide informed consent under subsection (f).
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 43 - Related Services; Transitions; Transfer of Rights › Section 43-7 - Summary of performance

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-32-4-4; IC 20-33-2-28.5; IC
				  20-35
Sec. 7.
(a) A public
				agency must provide a student with a summary of the student's academic
				achievement and functional performance, which must include recommendations on
				how to assist the student in meeting the student's postsecondary goals, when a
				student:
(1) graduates with a high school
				diploma as defined in
				511 IAC
				6-7.1-1(e);
(2) graduates with an alternate diploma as
				defined in
				511 IAC 6-7.1-10;
(3) exceeds the age of eligibility for
				special education and related services under this article; or
(4) leaves high school with a locally
				developed certificate, such as a certificate of completion, as identified in
				511 IAC
				6-7.1-12.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-1 - Removals and services in general

Current through July 10, 2024
Authority: IC
				  20-19-2-8; IC
				  20-19-2-16
Affected: IC
				  20-19-2; IC
				  20-33-8-7; IC 20-35
Sec. 1.
(a) A public
				agency is not required to provide services to a student with a disability
				during any of the first ten (10) cumulative instructional days of removal in a
				school year, for violating a code of student conduct, if services are not
				provided to a nondisabled student who has been similarly removed. During any
				subsequent days of removal, the public agency must provide services to the
				extent required under sections 3, 5, and 6 of this rule.
(b) Removal of a student for any part of a
				day constitutes a day of removal.
(c) A short term removal of a student
				pursuant to the student's IEP is not a removal under this rule.
(d) A suspension is a removal. However, an
				in-school suspension is not considered a removal for purposes of this rule if,
				during the in-school suspension, the student has the opportunity to:
(1) progress appropriately in the general
				curriculum;
(2) receive the special
				education services specified in the student's IEP; and
(3) participate with nondisabled students to
				the extent the student would have in the student's current placement.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-2 - Disciplinary change of placement

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 2.
(a)
				Consistent with other requirements in this rule, the public agency may consider
				any unique circumstances on a case-by-case basis when determining whether a
				change in placement is appropriate for a student with a disability who violates
				a code of student conduct. Unique circumstances include, but are not limited
				to, the following:
(1) A student's:
(A) disciplinary history; and
(B) ability to understand
				consequences.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-3 - Removals of more than 10 cumulative days that do not result in a change of placement

Current through July 10, 2024
Authority: IC
				  20-19-2-8; IC
				  20-19-2-16
Affected: IC
				  20-19-2; IC 20-35
Sec. 3.
(a) When a
				student has been removed for more than ten (10) cumulative instructional days
				in the same school year, but the removals do not constitute a pattern that
				results in a change of placement under section 2(b)(2) of this rule, school
				personnel, in consultation with at least one (1) of the student's teachers,
				determine the extent to which services are needed to enable the student to do
				the following:
(1) Continue to participate in
				the general education curriculum, although in another setting.
(2) Progress toward meeting the goals set out
				in the student's IEP.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-4 - Removals of more than 10 consecutive days or 10 cumulative days that result in a change of placement

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 4.
(a) When a
				decision is made to make a removal that constitutes a change of placement, the
				public agency must notify the student's parent and provide the parent with the
				notice of procedural safeguards described in
				511 IAC 7-37-1. A change of
				placement occurs when a student has been removed for more than ten (10):
(1) consecutive instructional days in the
				same school year; or
(2) cumulative
				instructional days in the same school year if the removals constitute a pattern
				that results in a change of placement under section 2(b)(2) of this
				rule.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-5 - Manifestation determinations

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 5.
(a) Within
				ten (10) instructional days of any decision to change the placement of a
				student with a disability for violating a code of student conduct, the CCC must
				meet to determine whether the student's behavior is a manifestation of the
				student's disability.
(b) All
				relevant information in the student's file must be reviewed, including the
				student's IEP, any teacher observations, and any relevant information provided
				by the parent, to determine if the conduct in question was:
(1) caused by, or had a direct and
				substantial relationship to, the student's disability; or
(2) the direct result of the public agency's
				failure to implement the student's IEP.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-6 - Interim alternative educational setting; weapons, drugs, and serious bodily injury

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 6.
(a) The
				principal or the principal's designee may remove a student to an interim
				alternative educational setting for not more than forty-five (45) instructional
				days without regard to whether the behavior is determined to be a manifestation
				of the student's disability, if the student:
(1) carries a weapon to school or possesses a
				weapon at school, on school premises, or to or at a school function under the
				jurisdiction of the state educational agency or a public agency;
(2) knowingly possesses or uses illegal
				drugs, or sells or solicits the sale of a controlled substance, while at
				school, on school premises, or at a school function under the jurisdiction of
				the state educational agency or a public agency; or
(3) has inflicted serious bodily injury upon
				another person while at school, on school premises, or at a school function
				under the jurisdiction of the state educational agency or a public
				agency.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-7 - Substantial likelihood of injury to student or others

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 7.
(a) If a
				public agency believes that maintaining the student in the current educational
				placement (the student's placement prior to a removal) is substantially likely
				to result in injury to the student or others, the public agency may request an
				expedited due process hearing to determine an appropriate placement for the
				student. The student's placement during an expedited due process hearing is
				governed by section 8 of this rule.
(b) The hearing officer, in accordance with
				511 IAC
				7-45-7, must:
(1)
				hear the matter; and
(2) make a
				determination regarding the student's placement.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-8 - Placement of the student during due process hearings or appeals of disciplinary action

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 8.
(a) If a
				parent requests a hearing or an appeal to challenge a removal or the
				manifestation determination, the student must remain in the interim alternative
				educational setting:
(1) pending the decision
				of the independent hearing officer; or
(2) until the time period for the
				disciplinary action expires; whichever occurs first, unless the parent and the
				public agency agree otherwise.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-9 - Protections for students not yet eligible for special education and related services

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 9.
(a) A student
				who has:
(1) not been determined eligible for
				special education and related services under this article; and
(2) engaged in behavior that violated any
				rule or code of conduct of the public agency, including any behavior described
				in this rule;
may assert any of the protections provided for in this
				  article if the public agency had knowledge, as described in subsection (b),
				  that the student was a student with a disability before the behavior that
				  precipitated the disciplinary action occurred.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 44 - Discipline Procedures › Section 44-10 - Referral to law enforcement and judicial authorities

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-33-7-3; IC 20-35
Sec. 10.
(a) Nothing
				in this article:
(1) prohibits a public
				agency from reporting a crime allegedly committed by a student with a
				disability to appropriate authorities; or
(2) prevents state law enforcement and
				judicial authorities from exercising their responsibilities with regard to the
				application of federal and state law to crimes committed by a student with a
				disability.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-0.5 - Dispute resolution: complaint; mediation; due process hearing

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 0.5.
(a) In
				order to protect the confidentiality of personally identifiable student
				information, attorneys representing a student, parent, public agency, or any
				other party in connection with a complaint, mediation, or due process hearing
				must utilize the state educational agency's secure electronic filing system for
				submitting documents or pleadings, and to ensure secure service to the state
				educational agency, complaint investigator, mediator, independent hearing
				officer, and opposing counsel in due process hearings.
(b) Pro se parents and complainants are
				encouraged, but not required, to utilize the secure electronic filing system.
				If the electronic filing system is not used, a pro se parent or complainant may
				submit documentation or pleadings by facsimile transmission (FAX) or first
				class mail.
(c) No correspondence,
				documents, or pleadings are to be sent by electronic mail (email) and
				electronic mail will not be accepted by the state educational agency, complaint
				investigators, or independent hearing officers in connection with any dispute
				resolution process.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-1 - Complaints

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 1.
(a) Any
				individual, group of individuals, agency, or organization may file a complaint
				alleging violations of federal or state laws that apply to special education
				programs. The complaint must:
(1) be in
				writing;
(2) include a statement
				alleging that the public agency has violated a requirement of:
(A) this article;
(B) the Individuals with Disabilities
				Education Act,
				20 U.S.C.
				1400 et seq.; or
(C) the federal regulations implementing the
				Individuals with Disabilities Education Act;
(3) include the facts on which the alleged
				violation is based;
(4) be signed
				by the complainant or complainants and include contact information of the
				complainant or complainants; and
(5) be submitted to the:
(A) division of special education;
				and
(B) public agency serving the
				student.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-2 - Mediation

Current through July 10, 2024
Authority: IC
				  20-19-2-8; IC
				  20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 2.
(a) The
				purpose of mediation is to offer both the parent and the public agency the
				opportunity to resolve disputes and reach a mutually acceptable agreement using
				an impartial mediator. Mediation is voluntary, may be initiated by either the
				parent or the public agency, and requires the agreement of both the parent and
				the public agency to begin the process. It may be terminated by either party at
				any time during the mediation process. Mediation may be requested to resolve
				disputes regarding any of the following:
(1) A
				student's identification and eligibility for services under this
				article.
(2) The appropriateness of
				the:
(A) educational evaluation; or
(B) student's proposed or current special
				education services or placement.
(3) Reimbursement for services obtained by
				the parent.
(4) Any other dispute
				involving the provision of a free appropriate public education to the
				student.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-3 - Due process hearing requests

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 3.
(a) A parent,
				a public agency, or the state educational agency may initiate a due process
				hearing that is conducted by an independent hearing officer when there is a
				dispute regarding any of the following:
(1) A
				student's identification and eligibility for services under this
				article.
(2) The appropriateness of
				the:
(A) educational evaluation; or
(B) student's proposed or current level of
				special education services or placement.
(3) Any other dispute involving the provision
				of a free appropriate public education for the student.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-4 - Sufficiency of the request for a due process hearing

Current through July 10, 2024
Authority: IC
				  20-19-2-8; IC
				  20-19-2-16
Affected: IC
				  20-19-2; IC 20-35
Sec. 4.
(a) A party
				may not have a hearing on the issues contained in a due process hearing request
				until the:
(1) party; or
(2) attorney representing the party;
files a due process hearing request that meets the
				  requirements of section 3(b) of this rule.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-5 - Responding to the request for a due process hearing

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 5.
(a) The party
				receiving the due process hearing request must, within ten (10) calendar days
				of receiving the due process hearing request, send to the other party a
				response that specifically addresses the issues raised in the due process
				hearing request.
(b) If the party
				receiving the due process hearing request is the public agency and it has not
				sent written notice in accordance with
				511 IAC 7-40-4(e)
				 or
				511 IAC 7-42-7 to the parent
				regarding the subject matter contained in the parent's due process request, the
				public agency must, within ten (10) calendar days of receiving the due process
				hearing request, send a response to the parent that includes the following:
(1) An explanation of why the public agency
				proposed or refused to take the action raised in the due process hearing
				request.
(2) A description of the
				following:
(A) Other options considered by the
				CCC and the reasons why those options were rejected.
(B) Each:
(i) evaluation procedure;
(ii) assessment;
(iii) record; or
(iv) report; the public agency used as the
				basis for proposed or refused action.
(C) Other factors that are relevant to the
				public agency's proposed or refused action.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-6 - Resolution process

Current through July 10, 2024
Authority: IC
				  20-19-2-8; IC
				  20-19-2-16
Affected: IC
				  20-19-2; IC 20-35
Sec. 6.
(a) Within
				fifteen (15) calendar days of receiving notice of the parent's due process
				hearing request, and prior to the initiation of a due process hearing, the
				public agency must convene a meeting with the parent and the relevant members
				of the CCC who have specific knowledge of the facts identified in the due
				process hearing request. The parent and the public agency each determine their
				respective members of the CCC to attend the meeting.
(b) A public agency does not have to convene
				a resolution meeting if the due process hearing request was made by the public
				agency.
(c) The purpose of the
				resolution meeting is for the parent to discuss the:
(1) due process hearing request;
				and
(2) facts that form the basis
				of the request;
so that the public agency has the opportunity to resolve the
				  dispute that is the basis of the request. Resolution meetings must be conducted
				  according to this section.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-6.5 - Prehearing procedures

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 6.5.
(a) An
				initial prehearing conference shall be conducted as follows:
(1) If the hearing was requested by the
				parent, the prehearing conference shall be conducted as soon as practical after
				the time for the resolution meeting but prior to the expiration of the
				resolution period and before the start of the hearing timeline.
(2) If the hearing was requested by the
				public agency, the prehearing conference shall be conducted no later than
				fifteen (15) days after the parent received the hearing request.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-7 - Conducting the hearing

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 4-21.5-3-15; IC 20-19-2; IC 20-35
Sec. 7.
(a) If the
				due process hearing is requested by the public agency:
(1) a due process hearing shall be
				conducted;
(2) a final written
				decision reached; and
(3) a copy of
				the written decision served electronically or mailed to each of the parties;
				not later than forty-five (45) calendar days after the request is received by
				the parent.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-8 - Independent hearing officer qualifications

Current through July 10, 2024
Authority: IC
				  20-19-2-8; IC
				  20-19-2-16
Affected: IC 4-21.5-3; IC 20-19-2; IC 20-35
Sec. 8.
(a) A person
				who may be appointed as an independent hearing officer must:
(1) have no personal or professional interest
				that would conflict with the person's objectivity in the hearing;
(2) not be an officer, employee, or agent of
				the public agency, the state educational agency, or any other agency that may
				be involved in the education or care of the student;
(3) possess knowledge of and the ability to
				understand the provisions of:
(A) the
				Individuals with Disabilities Education Act,
				20 U.S.C.
				1400 et seq. (IDEA);
(B) federal regulations implementing the
				IDEA;
(C) legal interpretations of
				the IDEA by federal and state courts; and
(D) this article;
(4) be trained in the due process hearing
				procedures to ensure the ability to conduct hearings in accordance with IC
				4-21.5-3;
(5) possess the knowledge and the ability to
				render and write decisions in accordance with appropriate, standard legal
				practice; and
(6) be subject to any
				other qualifications established by the secretary of
				education.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-9 - Judicial review of hearing officer decision

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 4-21.5-3; IC 4-21.5-5-5; IC 20-19-2; IC
				  20-35
Sec. 9.
(a) Any party
				disagreeing with the decision of the independent hearing officer may file a
				petition for judicial review with a civil court with jurisdiction. Under IC
				4-21.5-5-5, a petition for review by a state or federal civil court must be
				filed within thirty (30) calendar days after the date the independent hearing
				officer's written decision is received by the party. The court shall:
(1) receive the record of administrative
				proceedings;
(2) hear additional
				evidence at the request of a party; and
(3) grant the relief it determines to be
				appropriate, basing its decision on a preponderance of the evidence.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-10 - Expedited due process hearings and petition for judicial review

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 4-21.5-3; IC 20-19-2; IC 20-35
Sec. 10.
(a) An
				expedited due process hearing will be conducted in the following situations:
(1) The parent requests a hearing because the
				parent disagrees with:
(A) a determination
				that the student's behavior was not a manifestation of the student's
				disability; or
(B) the public
				agency's decision regarding the student's disciplinary change of placement
				under 511 IAC
				7-44-2.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 45 - Complaints, Mediation, and Due Process Procedures › Section 45-11 - Attorney's fees

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 11.
(a)
				Independent hearing officers shall include a notice in their written decisions
				stating that an action for attorney's fees must be filed in a civil court with
				jurisdiction within thirty (30) calendar days after receipt of the independent
				hearing officer's final decision if no request for judicial review is filed in
				federal or state civil court.
(b) A
				court, in its discretion, may award reasonable attorney's fees and related
				costs to:
(1) a prevailing party who is the:
(A) parent of a child with a disability;
				or
(B) department of education or a
				public agency against the attorney of a parent who:
(i) files a due process hearing request or
				subsequent cause of action that is frivolous, unreasonable, or without
				foundation; or
(ii) continued to
				litigate after the litigation clearly became frivolous, unreasonable, or
				without foundation; or
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 46 - Child Count and Data Collection › Section 46-1 - Federal child count procedures

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 1.
(a) On
				December 1 of each year, each public agency must count the number of students:
(1) eligible for special education and
				related services; and
(2) receiving
				services on that date.
If December 1 is not a school or program day, the closest
				  instructional day must be used for the count.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 46 - Child Count and Data Collection › Section 46-2 - State child count procedures

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35; IC 20-43-7-2; IC
				  20-43-7-3
Sec. 2.
(a) On
				December 1 of each year, each public agency must count the number of school age
				students identified as disabled and receiving a free appropriate public
				education consistent with the requirements of this article on that date. For
				purposes of this count, school age students are students who are five (5) years
				of age and are eligible to be enrolled in kindergarten during the count year
				and students who become twenty-two (22) years of age during the school year.
				This count determines the additional state special education funds allocated to
				the public agency. If December 1 is not a school or program day, the closest
				instructional day must be used for the count.
(b) The department of education must, not
				later than February 5 each year, report to the Indiana state budget committee:
(1) an unduplicated count of students in
				programs for:
(A) severe;
(B) mild; and
(C) moderate; disabilities; and
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 46 - Child Count and Data Collection › Section 46-3 - State preschool child count procedures

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 3.
(a) On
				December 1 of each year, each public agency must count the number of preschool
				students identified as disabled and receiving a free appropriate public
				education consistent with the requirements of this article on that date. For
				purposes of this count, preschool students are:
(1) three (3) years of age through five (5)
				years of age; and
(2) not eligible
				to enroll in kindergarten during the count year.
This count determines the state preschool special education
				  funds allocated to the public agency. If December 1 is not a school or program
				  day, the closest instructional day must be used for the count.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 46 - Child Count and Data Collection › Section 46-4 - Data collection

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 4.
(a) Each
				public agency must, on an annual basis, count the number of students with
				disabilities by race, ethnicity, limited English proficiency status, gender,
				and disability category who:
(1) are receiving
				a free appropriate public education;
(2) are participating in general
				education;
(3) are in:
(A) separate classes;
(B) separate schools or facilities;
				or
(C) public or private
				residential facilities;
(4) for each year from fourteen (14) years of
				age to twenty-one (21) years of age, stopped receiving special education and
				related services because of program completion (including graduation with a
				high school diploma as defined in
				511 IAC 6-7.1-1(e)
				 ), or other reasons, and the reasons why
				those students stopped receiving special education and related services;
				and
(5) under
				511
				IAC 7-44-6 or
				511
				IAC 7-44-7, are removed to an interim alternative
				educational setting, the acts or items precipitating those removals, and the
				number who are subject to long-term suspensions or expulsions.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 47 - State Funding of Excess Costs › Section 47-1 - Application from school corporation of legal settlement or charter school

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35-6-2
Sec. 1.
(a) To the
				extent that state funds are appropriated, the secretary of education is
				authorized, under IC 20-35-6-2, to enter into contracts to fund the excess
				costs of educating students whose disabilities are of such intensity as to
				preclude achievement in the existing local public school setting. Excess cost
				funding may pay for services that include, but are not limited to, the
				following:
(1) A public or private residential
				program when services in a residential setting are necessary for the student to
				benefit from special education.
(2)
				Nonresidential services necessary to enable the student to remain in the
				community without resorting to residential placement or to return to the local
				community from a residential placement.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 47 - State Funding of Excess Costs › Section 47-2 - Appeal from denial of application

Current through July 10, 2024
Authority: IC
				  20-19-2-8; IC
				  20-19-2-16
Affected: IC
				  20-19-2; IC 20-35
Sec. 2.
(a) The
				division of special education's denial of an application for excess cost
				funding is a denial of funding, not a denial of services. The division of
				special education's denial is not a disagreement with a student's CCC regarding
				appropriate services for the student or the provision of a free appropriate
				public education. A denial means that the application did not:
(1) include required information;
				or
(2) demonstrate eligibility for
				excess cost funding.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 48 - Minimum Expenditure Requirements › Section 48-1 - Applicability

Current through July 10, 2024
Authority: IC
				  20-43-7-9
Affected: IC
				  20-43-1-23;
				  IC 20-43-7
Sec. 1.
(a) This
				rule applies to school corporations as defined in IC
				20-43-1-23(a).
(b) This rule does not apply to charter
				schools.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 48 - Minimum Expenditure Requirements › Section 48-2 - Definitions

Current through July 10, 2024
Authority: IC 20-43-7-9
Affected: IC 20-19-3-1; IC 20-43-1-18.5; IC 20-43-7-1
Sec. 2.
The following definitions apply throughout this rule:
(1) "Child count" means the number of
				eligible pupils enrolled in special education programs on December 1 under IC
				20-43-7-1.
(2) "Department" means
				the department of education established by IC 20-19-3-1.
(3) "Parentally-placed nonpublic school
				students with disabilities" has the meaning set forth in IC
				20-43-1-18.5.
(4) "Related
				services" has the meaning set forth in
				511 IAC
				7-32-79.
(5) "Special education" has the meaning set
				forth in
				511 IAC
				7-32-86.
(6) "State special education grant" means the
				amount of state funds a school corporation receives under IC 20-43-7.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 48 - Minimum Expenditure Requirements › Section 48-3 - Expenditure requirements

Current through July 10, 2024
Authority: IC 20-43-7-9
Affected: IC 20-43-1-8.5; IC 20-43-7-9
Sec. 3.
(a) The
				amount of the state special education grant that the school corporation must
				expend on services to the group of parentally-placed nonpublic school students
				with disabilities during a calendar year shall be based on the child count of
				parentally-placed nonpublic school students with disabilities reported on
				December 1 immediately preceding that calendar year.
(b) Beginning in calendar year 2012 and no
				later than December 31, the school corporation must, at a minimum and exclusive
				of federal special education funds, expend the amount determined in subsection
				(a) on special education and related services to parentally-placed nonpublic
				school students with disabilities under this article.
(c) The school corporation may expend state
				special education grant funds on behalf of parentally-placed nonpublic school
				students with disabilities to provide the following:
(1) Child find activities as defined in IC
				20-43-1-8.5 and 511 IAC 7-40, including evaluations, reevaluations, and
				independent educational evaluations.
(2) Special education.
(3) Related services.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 49 - Provision of Special Education and Related Services by Choice Schools › Section 49-1 - Applicability

Current through July 10, 2024
Authority: IC
				  20-51-4-4.6
Affected: IC
				  20-24-1-4; IC
				  20-18-2-16
Sec. 1.
This rule applies to the following:
(1) A choice school as defined in section 2
				of this rule.
(2) A school
				corporation as defined in IC
				20-18-2-16.
(3) A charter school as defined in IC
				20-24-1-4.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 49 - Provision of Special Education and Related Services by Choice Schools › Section 49-2 - Definitions

Current through July 10, 2024
Authority: IC
				  20-51-4-4.6
Affected: IC
				  20-19-3-1; IC
				  20-26-11-2; IC
				  20-35-2-1; IC
				  20-51-1-4.7; IC
				  20-51-4-4
Sec. 2.
The following definitions apply throughout this rule:
(1) "Choice scholarship student" means a
				student who has been awarded a choice scholarship under IC
				20-51-4-4(a)(2).
(2) "Choice school" means a nonpublic school
				designated by the department as an eligible school under IC
				20-51-1-4.7 and 512 IAC
				4.
(3) "Choice special education
				plan" or "CSEP" means the written document developed by the choice scholarship
				education planning team that describes the special education and related
				services the choice school will provide to the choice scholarship student with
				a disability.
(4) "Department"
				means the department of education established by IC
				20-19-3-1.
(5) "Division of special education" means the
				division of special education established by IC
				20-35-2-1.
(6) "Local school corporation" means the
				school corporation where the choice school is located. If the choice school is
				a virtual school, the local school corporation is the school corporation where
				the student has legal settlement, as determined under IC
				20-26-11-2.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 49 - Provision of Special Education and Related Services by Choice Schools › Section 49-3 - Parent selection of school to provide services

Current through July 10, 2024
Authority: IC
				  20-51-4-4.6
Affected: IC 20-51-4; IC 20-35
Sec. 3.
(a) The
				choice school shall, at the time a student with a disability applies for choice
				scholarship, inform the parentof a student with a disability of the special
				education and related services the choice school makes available.
(b) Subsequent to receiving information
				described in subsection (a) and prior to the submission of the choice
				scholarshipapplication, the parent must select either the choice school or the
				local school corporation as the provider of special education andrelated
				services for the student.
(c) The
				parent's selection under subsection (b) is valid for the school year at the
				choice school for which the choicescholarship was awarded.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 49 - Provision of Special Education and Related Services by Choice Schools › Section 49-4 - Choice special education plan

Current through July 10, 2024
Authority: IC
				  20-51-4-4.6
Affected: IC
				  20-51-4
Sec. 4.
(a) Within
				ten (10) instructional days after a choice scholarship student with a
				disability enrolls in the choice school, the choice school shall convene a
				meeting with the parent of the choice scholarship student and school staff to:
(1) determine the choice scholarship
				student's special education and related service needs; and
(2) develop a CSEP for the choice scholarship
				student.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 49 - Provision of Special Education and Related Services by Choice Schools › Section 49-5 - Parent consent

Current through July 10, 2024
Authority: IC 20-51-4-4.6
Affected: IC 20-51-4-4
Sec. 5.
(a) The
				parent must provide written consent for the CSEP in order for the choice school
				to implement the CSEP.
(b) The
				choice school shall provide the parent with a copy of the CSEP.
(c) The choice school shall implement the
				CSEP as written.
(d) At any time
				after the parent gives consent for implementation of the CSEP, the parent may
				revoke that consent by submitting a signed written statement to the choice
				school revoking the consent.
(e) A
				parent's revocation of consent encompasses everything included in the
				CSEP.
(f) The choice school:
(1) shall terminate special education and
				related services upon receipt of the parent's written revocation; and
(2) is not required to provide special
				education and related services for the remainder of the school year.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 49 - Provision of Special Education and Related Services by Choice Schools › Section 49-6 - Reevaluation

Current through July 10, 2024
Authority: IC 20-51-4-4.6
Affected: IC 20-51-4
Sec. 6.
If the parent of a choice scholarship student requests a
				  reevaluation of the student:
(1) the
				school corporation shall conduct the reevaluation in accordance with
				511 IAC 7-40-8;
				and
(2) the choice school shall
				collaborate with the school corporation and share all relevant information
				applicable to thereevaluation.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 49 - Provision of Special Education and Related Services by Choice Schools › Section 49-7 - Complaint process

Current through July 10, 2024
Authority: IC 20-51-4-4.6
Affected: IC 20-51-4
Sec. 7.
(a) If a
				parent of a choice scholarship student believes the choice school is not
				complying with the requirements of this rule, the parent may file a written
				complaint with the choice school.
(b) If the choice school does not resolve the
				complaint to the parent's satisfaction, the parent may file a complaint with
				the department as described in this rule.
(c) The complaint must:
(1) be in writing;
(2) include the name and address of the
				choice school;
(3) include a
				statement alleging that the choice school has failed to comply with one (1) or
				more requirements of this rule;
(4)
				include the facts on which the alleged noncompliance is based;
(5) include a copy of the written complaint
				filed with the choice school in accordance with subsection (a);
(6) be signed by the parent and include the
				parent's contact information; and
(7) be submitted to the choice school and the
				division of special education.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 49 - Provision of Special Education and Related Services by Choice Schools › Section 49-8 - Student count

Current through July 10, 2024
Authority: IC
				  20-51-4-4.6
Affected: IC
				  20-51-4-4
Sec. 8.
(a) On
				December 1 of each year, or such date as determined by the department, each
				choice school must count thenumber of school age students for whom both of the
				following apply:
(1) A choice scholarship
				under IC
				20-51-4-4(2)
				 has been awarded.
(2) The choice school is providing special
				education and related services pursuant to a CSEP to which the parent
				hasprovided written consent.