Indiana Administrative Code
Title 511 - INDIANA STATE BOARD OF EDUCATION
Article 7 - SPECIAL EDUCATION
Rule 34 - Nonpublic Schools or Facilities
Section 34-10 - Reimbursement for parent's unilateral enrollment of a student in a nonpublic school when the public agency's provision of a free appropriate public education is in dispute
Current through March 20, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 10.
(a) This section does not require the public agency to pay the cost of education, including special education and related services, of a student with a disability at a nonpublic school if the:
However, the public agency must include the student in the population whose needs are addressed in sections 1 through 9 of this rule.
(b) Disagreements between a parent and a public agency regarding the availability of a program appropriate for the student, and the question of financial reimbursement, are subject to the due process procedures in 511 IAC 7-45-3 through 511 IAC 7-45-11.
(c) If the parents of a student with a disability, who previously received special education and related services under the authority of the public agency, enroll the student in a nonpublic preschool, elementary school, or secondary school without the consent of or referral by the public agency, the parent may seek reimbursement for the costs of the nonpublic school from the public agency.
(d) If the parent and the public agency cannot reach agreement on the issue of reimbursement, either may request a due process hearing under 511 IAC 7-45-3 to resolve the issue.
(e) The independent hearing officer or the court may require the public agency to reimburse the parent for the cost of the nonpublic school enrollment if the hearing officer or court finds both of the following:
(f) The hearing officer or the court may find that the nonpublic placement made by the parent is appropriate even if the placement does not meet the state standards that apply to education provided by public agencies.
(g) The hearing officer or the court may reduce or deny reimbursement to the parents in the following instances:
(h) The hearing officer or the court must not reduce or deny the reimbursement if the parent failed to provide the written notice described in subsection (g)(1), if the hearing officer or the court finds any of the following:
(i) The hearing officer or the court, in its discretion, may decide not to reduce or deny reimbursement if the parent failed to provide the written notice described in subsection (g)(1) if:
(j) The cost of reimbursement may be reduced or denied upon a judicial finding of unreasonableness with respect to the actions taken by the parents.