INDIANA STATE BOARD OF EDUCATION

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INDIANA STATE BOARD OF EDUCATIONSPECIAL EDUCATION RULESTITLE 511 ARTICLE 7RULES 32 - 49May 2019Indiana Department of EducationOffice of Special EducationMay 2019This document is an agency version of Indiana’s special education rules promulgated in the IndianaAdministrative Code at 511 IAC 7-32 through 7-49. A table of contents and an index has been added forreader 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 IndianaDepartment of Education’s website:www.doe.in.govOnce 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 bemade available upon request.

TABLE OF CONTENTSRULE 32DEFINITIONS . 1RULE 33GENERAL PROVISIONSScope . 20Public schools' special education programs;organizational and administrative structures . 20Other public agencies' special educationprograms; state level interagency agreements . 21Use of public and private insurance proceeds . 22RULE 34NONPUBLIC SCHOOLS OR FACILITIESSpecial education and related services for parentally-placedstudents in nonpublic schools or facilities . 24Child find . 24Educational evaluations for parentally-placed nonpublicschool students attending nonpublic schoolsoutside the school corporation of legal settlement. 25Consultation with nonpublic school representatives andrepresentatives of parents . 26Decisions regarding services provided by the publicagency and service plan . 27Due process hearings and complaints . 28Requirements pertaining to Part B funds . 28Requirements pertaining to services, location of services,and transportation . 30Property, equipment, and supplies for the benefitof nonpublic school students. 31Reimbursement for parent's unilateral enrollment of a student in a nonpublicschool or facility when the public agency's provision of a free appropriatepublic education is in dispute . 31RULE 35PROGRAM PLANNING AND EVALUATIONProgram monitoring . 32Supports for public agency personnel . 33RULE 36GENERAL ADMINISTRATIONS OF PROGRAMSParent and community participation . . 33Special education program personnel . 33Special education teachers . 34Elementary and secondary instructional day; schoolcalendar; extended school year services . 35Early childhood . 35Facilities . 36Instructional curricula, materials, equipment, andassistive technology devices and services . 36Transportation . 38Medication administration . 38State and local assessments . 39Caseload . 39RULE 37PROCEDURAL SAFEGUARDSNotice of procedural safeguards . 40Notice by electronic mail . 42-i-

RULE 38CONFIDENTIALITY OF INFORMATIONAccess to and disclosure of educational records . 42Procedures for amending educational records . 47Confidentiality safeguards in the collection,maintenance, and destruction of educational records . 48RULE 39EDUCATIONAL SURROGATE PARENTSMethod for determining whether a student needsan educational surrogate parent . 49Method for assigning an educational surrogate parent . 49RULE 40IDENTIFICATION AND EVALUATIONChild find . 50Comprehensive and coordinated early intervening services . 51Educational evaluations; in general . 52Initial educational evaluation; public agency writtennotice and parental consent . 53Conducting an initial educational evaluation . 56Determination of eligibility . 58Independent educational evaluation . 59Reevaluation . 60RULE 41ELIGIBILITY CRITERIAAutism spectrum disorder . 62Blind or low vision . 63Intellectual disability . 64Deaf or hard of hearing . 65Deaf-blind. 65Developmental delay (early childhood) . 67Emotional disability . 67Language or speech impairment . 68Multiple disabilities . 70Other health impairment . 70Orthopedic impairment . 71Specific learning disability. 71Traumatic brain injury . 74RULE 42DETERMINATION OF SPECIAL EDUCATION SERVICESLocal procedures and training . 75Notice of case conference committee meetings . 75Case conference committee participants . 76Written notice before initial case conferencecommittee meetings . 78Case conference committee meetings . 78Developing an individualized education program;components and parent copy. 79Written notice by the public agency and parental consent . 81Individualized education programs; implementation. 83Review and revision of the individualized education program . 84Least restrictive environment and deliveryof special education and related services . 85Instruction for student at student's homeor alternative setting . 87Instruction for students with injuries andtemporary or chronic illnesses . 87- ii -

Nonpublic school or facility placements by public agencies . 88Transportation of students in public orprivate residential placements . 88Revocation of consent for special education and related services .89RULE 43RELATED SERVICES; TRANSITIONS; TRANSFER OF RIGHTSRelated services . .90Transition from early intervention services (Part C)to early childhood special education (Part B) 95Review of transition age students . .96Transition individualized education program . .96Transfer of rights to student . .99Appointment of an educational representative . .99Summary of performance .100RULE 44DISCIPLINE PROCEDURESRemovals in general .101Disciplinary change of placement . 102Removals of more than 10 cumulative days thatdo not result in a change of placement . 102Removals of more than 10 consecutive days or 10cumulative days that result in a change of placement . 103Manifestation determinations . 103Interim alternative educational setting;weapons, drugs, and serious bodily injury . 104Substantial likelihood of injury to student or others . 105Placement of the student during due processhearings or appeals of disciplinary action . 105Protections for students not yet eligible for specialeducation and related services . 105Referral to law enforcement and judicial authorities . 106RULE 45COMPLAINTS, MEDIATION, AND DUE PROCESS PROCEDURESComplaints . 106Mediation . 109Due process hearing requests . 111Sufficiency of the request for a due process hearing . 111Responding to the request for a due process hearing . 112Resolution meeting . 113Conducting the hearing . 114Independent hearing officer qualifications . 117Judicial review of hearing officer decision . 118Expedited due process hearings and appeals . 118Attorney’s fees . 119RULE 46CHILD COUNT AND DATA COLLECTIONFederal child count procedures . 120State child count procedures . 121State preschool child count procedures . 126Data collection . 122RULE 47STATE FUNDING OF EXCESS COSTSApplication from school corporation of legal settlementor charter school . 123Appeal from denial of application. 124- iii -

RULE 48MINIMUM EXPENDITURE REQUIREMENTSApplicability 125Definitions .125Expenditure requirements .125RULE 49PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES BY CHOICESCHOOLSApplicability . 126Definitions 126Parent selection of school to provide services . 126Choice special education plan . 127Parent consent . 127Reevaluation 128Complaint process . 128Student count . 128Education records . 129Proportionate share 129Annual 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 NT 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 NRULE 32 DEFINITIONS511 IAC 7-32-1 ApplicabilitySec. 1. The definitions in this rule apply throughout this article.511 IAC 7-32-2 "Academic achievement" definedSec. 2. "Academic achievement" means a student's performance in relation to the continuum of theIndiana academic standards, including the foundations to the standards. This may include performanceon norm-referenced, criterion-referenced, and other achievement measures.511 IAC 7-32-3 "Adaptive behavior" definedSec. 3. "Adaptive behavior" means the effectiveness of or degree with which an individual meets thestandards of personal independence and social responsibility expected of the individual's chronologicalage and cultural group.511 IAC 7-32-4 "Adequate notice" definedSec. 4. "Adequate notice" means notice that:(1) is provided early enough to:(A) allow a change in time or location;(B) make arrangements to attend a meeting; or(C) allow a response prior to the proposed action;(2) includes all components specified in this article based upon the purpose of the notice;(3) is provided in the native language or other mode of communication; and(4) is written or communicated in common understandable language.511 IAC 7-32-5 "Adversely affects educational performance" definedSec. 5. "Adversely affects educational performance" means that a student's disability has a consistentand significant negative impact on:(1) the student's:(A) academic achievement; or(B) functional performance; or(2) both the student’s academic achievement and functional performance.511 IAC 7-32-6 "Assessment" definedSec. 6. (a) "Assessment" refers to the process of gathering and interpreting information regarding someaspect of a student's:(1) cognitive;(2) academic;(3) social;(4) emotional;(5) behavioral; or(6) functional;performance.(b) Norm-referenced assessments are standardized on a clearly defined group and scaled so that thescore reflects the student's performance when compared to the normative group.-1-

(c) Criterion-referenced assessments are:(1) designed to determine whether a student has reached a pre-established level or standard ofperformance; and(2) generally developed with a hierarchy of skills.(d) Other assessment procedures include, but are not limited to, the following:(1) Samples of academic skills(2) Behavioral charts.(3) Informal tests.(4) Interviews.(5) Observations.511 IAC 7-32-7 "Assistive technology device" definedSec. 7. "Assistive technology device" means any:(1) item;(2) piece of equipment; or(3) product system;whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain,or improve the functional capabilities of a student with a disability. The term does not include a medicaldevice that is surgically implanted or the replacement of such device.511 IAC 7-32-8 "Assistive technology service" definedSec. 8. "Assistive technology service" means any service that directly assists a student with a disability inthe selection, acquisition, or use of an assistive technology device. The term includes, but is not limitedto, the following:(1) The evaluation of the needs of a student with a disability, including a functional evaluation of thestudent in the student's customary environment.(2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices forstudents with disabilities.(3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacingassistive technology devices.(4) Coordinating and using other therapies, interventions, or services with assistive technologydevices, such as those associated with existing education and rehabilitation plans and programs.(5) Training or technical assistance for the following:(A) A student with a disability or, if appropriate, the student's family.(B) Professionals (including individuals providing education or rehabilitation services), employers,or other individuals who provide services to, employ, or are otherwise substantially involved in themajor life functions of students with disabilities.511 IAC 7-32-9 "At no cost" definedSec. 9. "At no cost" means that all specially designed instruction is provided without charge to the parent,but does not preclude incidental fees that are normally charged to nondisabled students or their parentsas a part of the general education program. Such fees may include, but are not limited to, fees for thefollowing:(1) Textbook rental.(2) Consumable materials.(3) Any fees permitted by state statute or rule.511 IAC 7-32-10 "Behavioral intervention plan" definedSec. 10. (a) "Behavioral intervention plan” means a plan agreed upon by the CCC and incorporated into astudent's IEP that describes the following:(1) The pattern of behavior that impedes the student's learning or the learning of others.(2) The purpose or function of the behavior as identified in a functional behavioral assessment.(3) The positive interventions and supports, and other strategies, to:(A) address the behavior; and-2-

(B) maximize consistency of implementation across people and settings in which the student isinvolved.(4) If applicable, the skills that will be taught and monitored in an effort to change a specific pattern ofbehavior of the student. The behavioral intervention plan seeks to maximize consistency ofimplementation across people and settings in which the student is involved.(b) The IEP can serve as the behavioral intervention plan as long as the documentation the parentreceives meets all the requirements in

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

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