reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-8 - Transportation

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) When
				appropriate, students with disabilities shall be transported with nondisabled
				students.
(b) The public school
				corporation of legal settlement or charter school is ultimately responsible for
				transportation of students with disabilities. Under a comprehensive plan or
				joint services agreement, interlocal or cooperative arrangement, responsibility
				for transportation may be delegated. Transportation as a related service, under
				511 IAC
				7-43-1(u), may be necessary for a
				student to receive special education and related services as:
(1) determined by the student's CCC;
				and
(2) specified in the student's
				IEP.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-9 - Medication administration

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) The
				public agency shall establish, maintain, and implement written policies and
				procedures on the administration of medication that include the following:
(1) No medication shall be administered
				without the written and dated consent of the parent.
(2) The parent's written consent is valid:
(A) only for the period specified on the
				consent form; and
(B) never longer
				than the current school or program year.
(3) A physician's prescription, a copy of the
				original prescription, or the pharmacy label must be:
(A) provided by the parent; and
(B) on file with the public agency.
(4) Medication shall be:
(A) maintained in a secure location;
				and
(B) administered in accordance
				with the physician's prescription.
(5) The parent may, upon request, obtain a
				copy of the public agency's policies and procedures on medication
				administration.
(6) If the
				medication is to be terminated prior to the date on the prescription, the
				written and dated consent or withdrawal of consent of the parent is
				required.
(7) The person or persons
				authorized to administer medication are specified.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-10 - State and local assessments

Current through July 10, 2024
Authority: IC
				  20-19-2-8; IC
				  20-19-2-16
Affected: IC 20-19-2; IC 20-31-8; IC 20-35
Sec. 10.
(a) For
				purposes of this section, "adaptive behavior" means the actions and behavior
				that are essential for someone to live independently and function safely in
				daily life.
(b) A student with a
				disability must participate in all state and local assessment programs,
				including assessments described under Section 1111 of the Elementary and
				Secondary Education Act, 20
				U.S.C. 6311, with appropriate accommodations
				and alternate assessments, if necessary, as indicated in a student's
				IEP.
(c) The:
(1) department of education; or
(2) in the case of a district assessment,
				public agency;
must, to the extent possible, use universal design principles
				  in developing and administering assessments under this section.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-11 - Caseload

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.
The caseload of each teacher, speech-language pathologist, or
				  related services provider shall be limited in number to allow the teacher,
				  speech-language pathologist, or related services provider to implement each
				  assigned student's IEP and shall be determined by the following:
(1) The nature and severity of the students'
				disabilities.
(2) The type and
				intensity of services needed as specified in the IEP.
(3) The chronological ages of the
				students.
(4) The total number of
				students with and without disabilities for whom the teacher has instructional
				responsibility.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 37 - Procedural Safeguards › Section 37-1 - Notice of procedural safeguards

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) The
				public agency shall establish, maintain, and implement procedures in accordance
				with this section to ensure that students with disabilities and their parents
				are afforded procedural safeguards with respect to the provision of a free
				appropriate public education by the agency.
(b) The written notice of procedural
				safeguards shall be:
(1) a standard
				notice;
(2) written in language
				understandable to the general public;
(3) provided in the:
(A) native language; or
(B) other mode of communication;
used by the parent unless it clearly is not feasible to do
				  so; and
(4)
				printed in a format that is easy to read.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 37 - Procedural Safeguards › Section 37-2 - Notice by electronic mail

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 parent may elect to receive the written notice of
				  procedural safeguards by an electronic mail communication if the public agency
				  makes that option available.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 38 - Confidentiality of Information › Section 38-1 - Access to and disclosure of educational records

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. 1.
(a) The
				public agency must annually notify, in writing, parents of students currently
				in attendance, or students of legal age currently in attendance, of their
				rights regarding confidentiality of personally identifiable information. The
				notice must inform parents or students of legal age that they have the right to
				the following:
(1) Inspect and review the
				student's educational record with respect to the:
(A) identification, evaluation, and
				educational placement of the student; and
(B) 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 38 - Confidentiality of Information › Section 38-2 - Procedures for amending educational records

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) A parent
				or student of legal age who believes that information in an educational record
				collected, maintained, or used under this rule is inaccurate, misleading, or
				violates the privacy or other rights of the student may request the public
				agency that maintains the record to amend the information. The request must:
(1) be in writing;
(2) be dated; and
(3) specify the information that the parent
				or student of legal age believes:
(A) is
				inaccurate;
(B) is misleading;
				or
(C) violates the student's
				privacy or other rights.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 38 - Confidentiality of Information › Section 38-3 - Confidentiality safeguards in the collection, maintenance, and destruction of educational records

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) The
				public agency must do the following:
(1)
				Establish, maintain, and implement procedures to protect the confidentiality of
				personally identifiable information at the collection, storage, disclosure, and
				destruction stages. These procedures must include, but are not limited to,
				those described in this rule and the following:
(A) The appointment of one (1) official in
				each building or administrative office to be responsible for ensuring
				compliance with the confidentiality provisions of this rule.
(B) The provision of training or instruction
				for all persons collecting or using personally identifiable information
				regarding the following:
(i) The student and
				parent procedural safeguards with respect to the provision of a free and
				appropriate public education.
(ii)
				Confidentiality provisions of this rule and the Family Educational Rights and
				Privacy Act,
				20
				U.S.C 1232 g.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 39 - Educational Surrogate Parents › Section 39-1 - Method for determining whether a student needs an educational surrogate parent

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) The
				public agency must establish, maintain, and implement written procedures
				regarding how the public agency determines a student is in need of an
				educational surrogate parent.
(b)
				The public agency shall protect the rights of a student by assigning an
				educational surrogate parent under any of the following circumstances:
(1) When no parent, as defined in
				511 IAC
				7-32-70, can be identified.
(2) When, after reasonable efforts, the
				public agency cannot locate a parent.
(3) When the student is a ward of the state
				under the laws of the state, unless as follows:
(A) The court order creating the wardship:
(i) permits the student to remain in the
				home; or
(ii) expressly reserves to
				a parent the authority to make decisions regarding the student's education or
				upbringing.
(B) The
				student is a ward of the department of correction who has a parent as defined
				by
				511 IAC
				7-32-70.
(4) When the student is a homeless student as
				defined in
				511 IAC
				7-32-46 who is not in the physical custody of a parent
				or guardian.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 39 - Educational Surrogate Parents › Section 39-2 - Method for assigning an educational surrogate parent

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 shall establish, maintain, and implement written procedures
				regarding the assignment of educational surrogate parents that include the
				following:
(1) A system for determining the
				eligibility of individuals to serve as educational surrogate parents.
(2) A system to assign educational surrogate
				parents.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 40 - Identification and Evaluation › Section 40-1 - Child find

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) The
				public agency shall establish, maintain, and implement written procedures that
				ensure the location, identification, and evaluation of all students three (3)
				years of age, but less than twenty-two (22) years of age, who are in need of
				special education and related services, regardless of the severity of their
				disabilities, including students who:
(1)
				have legal settlement within the jurisdiction of the public agency;
(2) attend a nonpublic school, are served by
				an agency, or live in an institution located within the jurisdiction of the
				public agency;
(3) are homeless
				students as defined at
				511 IAC
				7-32-46;
(4) are wards of the state;
(5) are highly mobile students, including
				migrant students; and
(6) are
				suspected of being students with disabilities in need of special education even
				though they are advancing from grade to grade.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 40 - Identification and Evaluation › Section 40-2 - Comprehensive and coordinated early intervening 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. 2.
(a) A public
				agency may not use more than fifteen percent (15%) of the amount the public
				agency receives under Part B of the Individuals with Disabilities Education
				Act, 20 U.S.C.
				1400 et seq., for any fiscal year, less any
				amount reduced by the public agency pursuant to
				34 CFR
				300.205, if any, in combination with other
				amounts, which may include amounts other than education funds, to develop and
				implement comprehensive and coordinated early intervening services, which may
				include interagency financing structures, for students in kindergarten through
				grade 12 with a particular emphasis on students in kindergarten through grade
				3, who are not currently identified as needing special education or related
				services, but who need additional academic and behavioral support to succeed in
				a general education environment.
(b) In implementing comprehensive and
				coordinated early intervening services under this section, a public agency may
				carry out activities that include, but are not limited to, the following:
(1) Professional development, which may be
				provided by entities other than public agencies, for teachers and other school
				staff to enable such personnel to deliver scientifically based academic and
				behavioral interventions, including the following:
(A) Scientifically based literacy
				instruction.
(B) Where appropriate,
				instruction on the use of adaptive and instructional software.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 40 - Identification and Evaluation › Section 40-3 - Educational evaluations; in general

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-32-4-14; IC 20-33-2-28.5; IC
				  20-35
Sec. 3.
(a) This rule
				applies to educational evaluation procedures that enable a student's CCC to
				determine:
(1) whether the student is eligible
				for special education and related services; and
(2) if eligible, the special education and
				related services necessary to meet the educational needs of the
				student.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 40 - Identification and Evaluation › Section 40-4 - Initial educational evaluation; public agency written notice and parental consent

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) Either a
				parent of a student or a public agency may initiate a request for an
				educational evaluation to determine if a student is eligible for special
				education and related services under this article. If a parent makes a request
				for an evaluation after revoking consent for special education and related
				services in accordance with
				511
				IAC 7-42-15, the public agency must treat the parent's
				request for evaluation as a request for an initial evaluation, and the
				evaluation must be conducted in accordance with this section.
(b) If a student is suspected of having a
				specific learning disability because the student has not made adequate progress
				after an appropriate period of time when provided with appropriate instruction
				described in
				511 IAC
				7-41-12(a)(3)(G), the public agency
				must initiate a request for an educational evaluation.
(c) If a request is made to conduct an
				educational evaluation, the public agency must, before conducting the
				evaluation, do the following:
(1) Provide the
				parent of the student with written notice as specified in subsection
				(e).
(2) Obtain parental consent as
				defined in
				511 IAC
				7-32-17.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 40 - Identification and Evaluation › Section 40-5 - Conducting an initial educational evaluation

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) After a
				parent has provided consent, as defined in
				511 IAC 7-32-17, for an initial
				educational evaluation, the public agency must conduct a comprehensive and
				individual educational evaluation in accordance with the requirements of this
				rule and 511 IAC 7-41. The educational
				evaluation must be conducted by a multidisciplinary team that prepares an
				educational evaluation report addressing the necessary components of evaluation
				specific to each suspected disability set forth in
				511 IAC 7-41. The report is
				utilized:
(1) by the student's CCC to
				determine eligibility for special education and related services; and
(2) if a student is found to be eligible, to
				inform the student's CCC of the student's special education and related service
				needs.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 40 - Identification and Evaluation › Section 40-6 - Determination of eligibility

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) Upon
				completion of the educational evaluation, the CCC must be convened to determine
				the following:
(1) Whether the student is
				eligible for special education and related services.
(2) If eligible, the special education and
				related services necessary to meet the educational needs of the
				student.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 40 - Identification and Evaluation › Section 40-7 - Independent educational evaluation

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) The
				public agency shall provide to parents, upon request for an independent
				educational evaluation:
(1) information about
				where an independent educational evaluation may be obtained; and
(2) the public agency's criteria applicable
				to independent educational evaluations as described in subsection (j).
				"Independent educational evaluation" means an evaluation conducted by a
				qualified evaluator who is not employed by the public agency responsible for
				the student in question.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 40 - Identification and Evaluation › Section 40-8 - Reevaluation

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) Once a
				student is eligible for special education and related services, any subsequent
				evaluation of the student is reevaluation, even if the student is being
				evaluated because a different or additional eligibility category is
				suspected.
(b) A public agency must
				consider reevaluation for each student receiving special education and related
				services:
(1) at least once every three (3)
				years; however, reevaluation need not occur if the parent and the public agency
				agree that it is unnecessary;
(2)
				if the public agency determines, at any time during the three (3) year cycle,
				that additional information is needed to address the special education or
				related services needs of the student; and (3) if the student's parent or
				teacher requests reevaluation.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 40 - Identification and Evaluation › Section 40-9 - Notice by electronic mail

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 parent may elect to receive the written notices required
				  by 511 IAC 7-40
[sic, this
				  rule]
by an electronic mail communication if the public agency makes
				  that option available.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-1 - Autism spectrum disorder

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) Autism
				spectrum disorder is a lifelong developmental disability that includes autistic
				disorder, Asperger's syndrome, and other pervasive developmental disorders, as
				described in the current version of the American Psychiatric Association's
				Diagnostic Statistical Manual of Mental Disorders. The disability is generally
				evident before three (3) years of age and significantly affects verbal,
				nonverbal, or pragmatic communication and social interaction skills and results
				in an adverse effect on the student's educational performance. Other
				characteristics often associated include the following:
(1) Engagement in:
(A) repetitive activities; and
(B) stereotyped movements.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-2 - Blind or low vision

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) "Blind or
				low vision", which may be referred to as a visual impairment, means a
				disability that even with best correction affects the student's ability to use
				vision for learning, which adversely affects the student's educational
				performance. The term:
(1) includes a reduced
				ability or a complete inability to utilize the visual system to acquire
				information; and
(2) may include or
				be limited to a reduction in field of vision.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-3 - Intellectual disability

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) An
				intellectual disability:
(1) is manifested
				during the developmental period;
(2) is characterized by significant
				limitations in intellectual functioning;
(3) is demonstrated through limitations in
				adaptive behavior; and
(4)
				adversely affects educational performance.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-4 - Deaf or hard of 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) "Deaf or
				hard of hearing", which may be referred to as a hearing impairment, means the
				following:
(1) A disability that, with or
				without amplification, adversely affects the student's:
(A) ability to use hearing for developing
				language and learning;
(B)
				educational performance; and
(C)
				developmental progress.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-5 - Deaf-blind

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)
				"Deaf-blind", which may be referred to as dual sensory impaired, means a
				disability that:
(1) is a concomitant hearing
				and vision loss or reduction in functional hearing and vision
				capacity;
(2) causes significant
				communication and adaptive behavior deficits;
(3) adversely affects the student's
				educational performance; and
(4)
				cannot be accommodated for by use of a program or service designed solely for
				students who are:
(A) deaf or hard of
				hearing; or
(B) blind or have low
				vision.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-6 - Developmental delay

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)
				Developmental delay is a disability category solely for students who are at
				least three (3) years of age and less than nine (9) years of age. Developmental
				delay means a delay of either two (2) standard deviations below the mean in one
				(1) of the following developmental areas or one and one-half (1.5) standard
				deviations below the mean in any two (2) of the following developmental areas:
(1) Gross or fine motor
				development.
(2) Cognitive
				development.
(3) Receptive or
				expressive language development.
(4) Social or emotional
				development.
(5) Self-help or other
				adaptive development.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-7 - Emotional disability

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)
				"Emotional disability" means an inability to learn or progress that cannot be
				explained by cognitive, sensory, or health factors. The student exhibits one
				(1) or more of the following characteristics over a long period of time and to
				a marked degree that adversely affects educational performance:
(1) A tendency to develop physical symptoms
				or fears associated with personal or school problems.
(2) A general pervasive mood of unhappiness
				or depression.
(3) An inability to
				build or maintain satisfactory interpersonal relationships.
(4) Inappropriate behaviors or feelings under
				normal circumstances.
(5) Episodes
				of psychosis.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-8 - Language or speech impairment

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) A
				language or speech impairment is characterized by one (1) of the following
				impairments that adversely affects the student's educational performance:
(1) Language impairments in the comprehension
				or expression of spoken or written language resulting from organic or
				nonorganic causes that are nonmaturational in nature. Language impairments
				affect the student's primary language systems, in one (1) or more of the
				following components:
(A) Word
				retrieval.
(B) Phonology.
(C) Morphology.
(D) Syntax.
(E) Semantics.
(F) Pragmatics.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-9 - Multiple disabilities

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) "Multiple
				disabilities" means coexisting disabilities, one of which must be a significant
				intellectual disability. The coexisting disabilities are lifelong and interfere
				with independent functioning, and it is difficult to determine which disability
				most adversely affects educational performance. The term does not include
				deaf-blind.
(b) Eligibility for
				special education as a student with multiple disabilities shall be determined
				by the student's CCC. This determination shall be based on the
				multidisciplinary team's educational evaluation report described in
				511 IAC
				7-40-5(e), which includes the
				following:
(1) An assessment of the following:
(A) Intellectual ability and functioning that
				must include at least one (1) of the following:
(i) An individually administered
				norm-referenced assessment.
(ii) If
				adequate information cannot be obtained via an individually administered
				norm-referenced assessment, a criterion-referenced assessment that:
(AA) has been designed or may be adapted or
				modified based on the student's disabilities; and
(BB) is administered by a professional or
				team of professionals with knowledge of assessment strategies appropriate for
				the student.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-10 - Other health impairment

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. 10.
(a) "Other
				health impairment" means having limited strength, vitality, or alertness,
				including a heightened alertness to environmental stimuli, that results in
				limited alertness with respect to the educational environment that:
(1) is due to chronic or acute health
				problems, such as:
(A) asthma;
(B) attention deficit disorder or attention
				deficit hyperactivity disorder;
(C)
				diabetes;
(D) epilepsy;
(E) a heart condition;
(F) hemophilia;
(G) lead poisoning;
(H) leukemia;
(I) nephritis;
(J) rheumatic fever;
(K) sickle cell anemia; and
(L) Tourette syndrome; and
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-11 - Orthopedic impairment

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) An
				orthopedic impairment is a severe physically disabling condition that adversely
				affects educational performance. The term may include impairments caused by any
				of the following:
(1) A congenital
				anomaly.
(2) A disease, such as:
(A) poliomyelitis; or
(B) bone tuberculosis.
(3) Other causes, such as:
(A) cerebral palsy;
(B) amputations; or
(C) fractures or burns that cause
				contractures.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-12 - Specific learning disability

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. 12.
(a)
				"Specific learning disability" means a disorder in one (1) or more of the basic
				psychological processes involved in understanding or in using language, spoken
				or written, that adversely affect the student's educational performance,
				including conditions referred to, or previously referred to, as perceptual
				handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental
				aphasia. As follows, a specific learning disability:
(1) Manifests itself when the student does
				not achieve adequately for the student's age or to meet state approved grade
				level standards in one (1) or more of the following areas, when provided with
				learning experiences and instruction appropriate for the student's age or state
				approved grade level standards:
(A) Reading
				disability, which is a specific learning disability that is neurological in
				origin and has a continuum of severity. It is characterized by difficulties
				with accurate or fluent, or both, word recognition and by poor spelling and
				decoding abilities. A reading disability may be due to difficulties in the
				following:
(i) Basic reading skills.
(ii) Reading fluency skills.
(iii) Reading comprehension.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 41 - Eligibility Criteria › Section 41-13 - Traumatic brain 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. 13.
(a) A
				traumatic brain injury is an acquired injury to the brain caused by an external
				physical force, resulting in total or partial functional disability or
				psychosocial impairment, or both, that adversely affects a student's
				educational performance. The term applies to open or closed head injuries
				resulting in impairments in one (1) or more areas, such as the following:
(1) Cognition.
(2) Language.
(3) Memory.
(4) Attention.
(5) Reasoning.
(6) Abstract thinking.
(7) Judgment.
(8) Problem solving.
(9) Sensory, perceptual, and motor
				abilities.
(10) Psychosocial
				behavior.
(11) Physical
				functions.
(12) Information
				processing.
(13) Speech.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-1 - Local procedures and training

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) The
				public agency must have in place written procedures to ensure the appropriate
				implementation of the CCC process, including the following:
(1) The title or position of the individuals
				designated as, or who may serve as, the representative of the public agency and
				a description of the roles and responsibilities of the:
(A) public agency representative;
				and
(B) other public agency
				personnel; before, during, and after the CCC meeting.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-2 - Notice of case conference committee meetings

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) A CCC
				meeting must be scheduled at a mutually agreed upon date, time, and place. If a
				parent cannot attend in person, the public agency must use other methods to
				ensure parent participation, including an individual or conference telephone
				call or video conference.
(b) A CCC
				meeting may be conducted without a parent in attendance if the parent chooses
				not to participate in person or by other methods. In this case, the public
				agency must keep a record of its attempts to arrange a mutually agreed upon
				date, time, and place for the CCC meeting, such as the following:
(1) Detailed records of:
(A) telephone calls made or attempted;
				and
(B) the results of the
				calls.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-3 - Case conference committee participants

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-30-8; IC 20-35
Sec. 3.
(a) For each
				CCC meeting, the public agency must designate a representative who:
(1) is:
(A)
				knowledgeable about the availability of, and has the authority to commit,
				resources of the public agency;
(B)
				qualified to provide or supervise the provision of specially designed
				instruction to meet the unique needs of students with disabilities;
				and
(C) knowledgeable about the
				general education curriculum; and
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-4 - Written notice before initial case conference committee meetings

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) The
				public agency must provide to the parent written notice described in subsection
				(b) not later than five (5) instructional days prior to an initial CCC
				meeting.
(b) The written notice
				described in subsection (a) must contain the following:
(1) A description and overall findings of
				each:
(A) evaluation procedure;
(B) assessment;
(C) record; or
(D) report; the public agency used as a basis
				for any proposed action.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-5 - Case conference committee meetings

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) A CCC
				must convene in the following circumstances:
(1) In accordance with:
(A) the timelines in
				511 IAC
				7-40-5(d)  after an initial
				evaluation is conducted; and
(B)
											511 IAC 7-40-8 after
				a student has been reevaluated.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-6 - Developing an individualized education program; components and parent copy

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) An IEP is
				a written document for a student who is eligible for special education and
				related services that is developed by a CCC in accordance with this section.
				Transition IEPs are written documents developed in accordance with
				511 IAC 7-43-4 that are in effect
				for students:
(1) entering into grade 9;
				or
(2) becoming 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 42 - Determination of Special Education Services › Section 42-7 - Written notice by the public agency and parental consent

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) Written
				notice that meets the requirements of subsection (b) must be given to the
				parent of a student with a disability before the public agency:
(1) proposes to initiate or change the
				identification or educational placement of the student or the provision of a
				free appropriate public education to the student; or
(2) refuses to initiate or change the
				identification, educational placement of the student, or 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 42 - Determination of Special Education Services › Section 42-8 - Individualized education programs; implementation; termination due to revocation of consent

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-32-4-11; IC 20-33-2-10; IC
				  20-35
Sec. 8.
(a) The
				services identified in an IEP must be provided as follows:
(1) No later than ten (10) instructional days
				after parental consent to the student's initial IEP is received.
(2) On the eleventh instructional day after a
				public agency provides written notice described in section 7 of this rule
				regarding a student's proposed IEP that is subsequent to the initial IEP,
				unless the parent consents in writing to an earlier implementation date. The
				public agency must continue to implement the current IEP if the parent
				challenges the proposed IEP prior to its implementation by:
(A) requesting and participating in a meeting
				with an official of the public agency who has the authority to facilitate the
				disagreement between the parent and the public agency;
(B) initiating mediation under
				511 IAC 7-45-2; or
(C) requesting a due process hearing under
				511 IAC
				7-45-3.
(3) On the eleventh instructional day after a
				meeting or mediation to resolve a parent's challenge to the IEP under
				subsection (2)(A) or 2(B)
[subdivision (2)(A) or 2(B)]
, unless
				the parent requests a due process hearing within ten (10) instructional days.
				The public agency must provide the parent with written notice at the conclusion
				of the meeting or mediation that the proposed or revised IEP will be
				implemented on the eleventh instructional day after the notice unless the
				parent requests a due process hearing.
(4) For students transitioning from early
				intervention services to early childhood special education, on the student's
				third birthday in accordance with
				511 IAC 7-43-2.
(5) On the initiation date stated in the
				student's IEP in all other circumstances.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-9 - Review and revision of the 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 20-35
Sec. 9.
(a) A
				student's CCC must meet periodically, but not less than annually, to do the
				following:
(1) Review the student's IEP and
				determine whether the student's annual goals described in section 6(f)(2) of
				this rule are being achieved.
(2)
				Revise the IEP, as appropriate, to address:
(A) any lack of expected progress, based on
				progress monitoring data, toward the annual goals and in the general education
				curriculum, if appropriate;
(B) the
				results of any reevaluation conducted under
				511 IAC 7-40-8, including any
				additional data about the student described in
				511 IAC
				7-40-8(l)(2);
(C) the student's anticipated needs;
				or
(D) other matters.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-10 - Least restrictive environment and delivery of 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. 10.
(a) Except
				as provided in section 6(g)(2) of this rule regarding students with
				disabilities in adult prisons, each public agency must have in place and
				implement written policies and procedures to ensure the following:
(1) To the maximum extent appropriate,
				students with disabilities, including students in public or private
				institutions or other care facilities are educated with nondisabled
				students.
(2) Special classes,
				separate schooling, or other removal of students from the general education
				environment occurs only if the nature and severity of the disability is such
				that education in general education classes using supplementary aids and
				services cannot be satisfactorily achieved.
(3) The CCC determines the placement in which
				a student will receive services. The student's placement is:
(A) based on the student's IEP;
(B) reviewed at least annually; and
(C) in the school that the student would
				attend if not disabled, unless the IEP requires some other arrangement. If
				another arrangement is required, the placement should be as close as possible
				to the student's home school.
(4) A continuum of services, as described in
				subsection (b)(4) and (b)(5), that is available to meet the individual needs of
				students with disabilities and makes provision for supplementary services, such
				as resource room or itinerant instruction, to be provided in conjunction with
				general education placement.
(5) In
				selecting the least restrictive environment, consideration is given to any
				potential harmful effect on the:
(A) student;
				or
(B) quality of services
				needed.
(6) Each student
				with a disability has an equal opportunity to participate with nondisabled
				students in nonacademic and extracurricular services and activities to the
				maximum extent appropriate.
(7)
				Special education and related services are delivered in the least restrictive
				environment determined by the CCC, regardless of the identified
				disability.
(8) The provision of
				services to students with different disabilities:
(A) at the same time; and
(B) in the same classroom; is
				permitted.
(9) Students
				with disabilities are in classes and buildings with their chronological peers
				unless:
(A) an alternative is determined
				appropriate by the CCC; and
(B) the
				reasons for that determination are documented in the written notice required by
				section 7 of this rule.
(10) Students with disabilities are not
				removed from education in age appropriate general education classrooms solely
				because of needed modifications in the general curriculum.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-11 - Instruction for student at student's home or alternative setting

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) A
				student may receive special education and related services from a licensed
				teacher in the student's home or alternative setting, for reasons other than
				injury or temporary or chronic illness, if the CCC determines it to be the
				least restrictive environment appropriate to enable the student to benefit from
				special education and related services. If the CCC determines the student's
				placement to be the student's home or an alternate setting, the public agency's
				written notice described in section 7 of this rule must include the following:
(1) The reason the student is not attending
				school.
(2) Other options tried or
				considered.
(3) The reasons the
				other options were rejected.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-13 - Nonpublic school or facility placements by public agencies

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. 13.
(a) Before a
				public agency places a student with a disability in a nonpublic school or
				facility, the public agency must initiate and conduct a CCC meeting to develop
				an IEP for the student in accordance with this rule.
(b) The public agency must ensure that a
				representative of the nonpublic school or facility attends the meeting. If the
				representative cannot attend, the public agency must use other methods to
				ensure participation by the nonpublic school or facility, including individual
				or conference telephone calls or video conference.
(c) After a student enters a nonpublic school
				or facility, any meetings to review and revise the student's IEP may be
				initiated and conducted by the nonpublic school or facility at the discretion
				of the public agency. If the nonpublic school or facility initiates and
				conducts the CCC meetings, the public agency must ensure that the parent and a
				public agency representative:
(1) are
				involved in any decision about the student's IEP; and
(2) agree to any proposed changes in the IEP
				before those changes are implemented.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-14 - Transportation of students in public or private residential placements

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. 14.
(a) The
				school corporation of legal settlement:
(1) is
				responsible for the cost of transporting students placed in public or private
				residential facilities by the public agency; and
(2) must pay for the number of round trips as
				determined appropriate by the CCC in accordance with statutory requirements and
				this rule.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-15 - Revocation of consent 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 20-33-2-10; IC 20-35
Sec. 15.
(a) At any
				time after the parent gives consent for the initiation of special education and
				related services, the parent may revoke that consent by doing the following:
(1) Putting the revocation of consent in
				writing.
(2) Signing the
				revocation.
(3) Submitting the
				written revocation to licensed personnel.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 42 - Determination of Special Education Services › Section 42-16 - Notice by electronic mail

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. 16.
A parent may elect to receive the written notices required
				  by 511 IAC 7-42
[sic, this
				  rule]
by an electronic mail communication if the public agency makes
				  that option available.