INDIANA STATE BOARD OF EDUCATION

1 INDIANA STATE BOARD OF EDUCATION . SPECIAL EDUCATION RULES. TITLE 511 ARTICLE 7. RULES 32 - 49. May 2019. INDIANA Department of EDUCATION Office of Special EDUCATION May 2019. This document is an agency version of INDIANA 's special EDUCATION rules promulgated in the INDIANA Administrative Code at 511 IAC 7-32 through 7-49. A table of contents and an index has been added for reader reference. The official version of the rules may be found in the INDIANA Administrative Code. This document may be obtained on the Internet by accessing the INDIANA Department of EDUCATION 's website: Once you access the website, go to the Site Map search box, type in Article 7, click on the link to Laws/Rules/Interpretations, and select English or Spanish. _____. This document is also available in Large Print. Braille versions of Article 7 will be made available upon request.

2 TABLE OF CONTENTS. RULE 32 DEFINITIONS .. 1. RULE 33 GENERAL PROVISIONS. Scope .. 20. Public schools' special EDUCATION programs;. organizational and administrative structures .. 20. Other public agencies' special EDUCATION programs; STATE level interagency agreements .. 21. Use of public and private insurance proceeds .. 22. RULE 34 NONPUBLIC SCHOOLS OR FACILITIES. Special EDUCATION and related services for parentally-placed students in nonpublic schools or facilities .. 24. Child find .. 24. Educational evaluations for parentally-placed nonpublic school students attending nonpublic schools outside the school corporation of legal 25. Consultation with nonpublic school representatives and representatives of parents .. 26. Decisions regarding services provided by the public agency and service plan .. 27.

3 Due process hearings and complaints .. 28. Requirements pertaining to Part B funds .. 28. Requirements pertaining to services, location of services, and transportation .. 30. Property, equipment, and supplies for the benefit of nonpublic school 31. Reimbursement for parent's unilateral enrollment of a student in a nonpublic school or facility when the public agency's provision of a free appropriate public EDUCATION is in dispute .. 31. RULE 35 PROGRAM PLANNING AND EVALUATION. Program monitoring .. 32. Supports for public agency personnel .. 33. RULE 36 GENERAL ADMINISTRATIONS OF PROGRAMS. Parent and community participation .. 33. Special EDUCATION program personnel .. 33. Special EDUCATION teachers .. 34. Elementary and secondary instructional day; school calendar; extended school year services .. 35.

4 Early childhood .. 35. Facilities .. 36. Instructional curricula, materials, equipment, and assistive technology devices and services .. 36. Transportation .. 38. Medication administration .. 38. STATE and local assessments .. 39. Caseload .. 39. RULE 37 PROCEDURAL SAFEGUARDS. Notice of procedural safeguards .. 40. Notice by electronic mail .. 42. -i- RULE 38 CONFIDENTIALITY OF INFORMATION. Access to and disclosure of educational records .. 42. Procedures for amending educational records .. 47. Confidentiality safeguards in the collection, maintenance, and destruction of educational records .. 48. RULE 39 EDUCATIONAL SURROGATE PARENTS. Method for determining whether a student needs an educational surrogate parent .. 49. Method for assigning an educational surrogate parent .. 49. RULE 40 IDENTIFICATION AND EVALUATION.

5 Child find .. 50. Comprehensive and coordinated early intervening services .. 51. Educational evaluations; in general .. 52. Initial educational evaluation; public agency written notice and parental consent .. 53. Conducting an initial educational evaluation .. 56. Determination of eligibility .. 58. Independent educational evaluation .. 59. Reevaluation .. 60. RULE 41 ELIGIBILITY CRITERIA. Autism spectrum disorder .. 62. Blind or low vision .. 63. Intellectual disability .. 64. Deaf or hard of hearing .. 65. 65. Developmental delay (early childhood) .. 67. Emotional disability .. 67. Language or speech impairment .. 68. Multiple disabilities .. 70. Other health impairment .. 70. Orthopedic impairment .. 71. Specific learning 71. Traumatic brain injury .. 74. RULE 42 DETERMINATION OF SPECIAL EDUCATION SERVICES.

6 Local procedures and training .. 75. Notice of case conference committee meetings .. 75. Case conference committee participants .. 76. Written notice before initial case conference committee meetings .. 78. Case conference committee meetings .. 78. Developing an individualized EDUCATION program;. components and parent 79. Written notice by the public agency and parental consent .. 81. Individualized EDUCATION programs; 83. Review and revision of the individualized EDUCATION program .. 84. Least restrictive environment and delivery of special EDUCATION and related services .. 85. Instruction for student at student's home or alternative setting .. 87. Instruction for students with injuries and temporary or chronic illnesses .. 87. - ii - Nonpublic school or facility placements by public agencies .. 88.

7 Transportation of students in public or private residential placements .. 88. Revocation of consent for special EDUCATION and related services .89. RULE 43 RELATED SERVICES; TRANSITIONS; TRANSFER OF RIGHTS. Related services ..90. Transition from early intervention services (Part C). to early childhood special EDUCATION (Part B) 95. Review of transition age students ..96. Transition individualized EDUCATION program ..96. Transfer of rights to student ..99. Appointment of an educational representative ..99. Summary of performance ..100. RULE 44 DISCIPLINE PROCEDURES. Removals in general ..101. Disciplinary change of placement .. 102. Removals of more than 10 cumulative days that do not result in a change of placement .. 102. Removals of more than 10 consecutive days or 10. cumulative days that result in a change of placement.

8 103. Manifestation determinations .. 103. Interim alternative educational setting;. weapons, drugs, and serious bodily injury .. 104. Substantial likelihood of injury to student or others .. 105. Placement of the student during due process hearings or appeals of disciplinary action .. 105. Protections for students not yet eligible for special EDUCATION and related services .. 105. Referral to law enforcement and judicial authorities .. 106. RULE 45 COMPLAINTS, MEDIATION, AND DUE PROCESS PROCEDURES. Complaints .. 106. Mediation .. 109. Due process hearing requests .. 111. Sufficiency of the request for a due process hearing .. 111. Responding to the request for a due process hearing .. 112. Resolution meeting .. 113. Conducting the hearing .. 114. Independent hearing officer qualifications .. 117. Judicial review of hearing officer decision.

9 118. Expedited due process hearings and appeals .. 118. Attorney's fees .. 119. RULE 46 CHILD COUNT AND DATA COLLECTION. Federal child count procedures .. 120. STATE child count procedures .. 121. STATE preschool child count procedures .. 126. Data collection .. 122. RULE 47 STATE FUNDING OF EXCESS COSTS. Application from school corporation of legal settlement or charter school .. 123. Appeal from denial of 124. - iii - RULE 48 MINIMUM EXPENDITURE REQUIREMENTS. Applicability 125. Definitions ..125. Expenditure requirements ..125. RULE 49 PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES BY CHOICE. SCHOOLS. Applicability . 126. Definitions 126. Parent selection of school to provide services .. 126. Choice special EDUCATION plan . 127. Parent consent .. 127. Reevaluation 128. Complaint process . 128.

10 Student count .. 128. EDUCATION records .. 129. Proportionate share 129. Annual assurance .. 129. - iv - I N D I AN A S T AT E B O AR D O F E D U C AT I O N. T I T L E 5 1 1 AR T I C L E 7 S P E C I AL E D U C AT I O N. RULE 32 DEFINITIONS. 511 IAC 7-32-1 Applicability Sec. 1. The definitions in this rule apply throughout this article. 511 IAC 7-32-2 "Academic achievement" defined Sec. 2. "Academic achievement" means a student's performance in relation to the continuum of the INDIANA academic standards, including the foundations to the standards. This may include performance on norm-referenced, criterion-referenced, and other achievement measures. 511 IAC 7-32-3 "Adaptive behavior" defined Sec. 3. "Adaptive behavior" means the effectiveness of or degree with which an individual meets the standards of personal independence and social responsibility expected of the individual's chronological age and cultural group.