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. 4.
(a) During
the design and development of special education and related services for
parentally-placed students with disabilities attending nonpublic schools, each
public agency must consult with the following:
(1) Nonpublic school representatives from the
nonpublic schools located in the geographic boundaries of the public
agency.
(2) Representatives of
parents of students with disabilities in nonpublic schools.
(b) The consultation described in
subsection (a) must be timely, which means that it occurs during the design and
development of special education and related services for students with
disabilities in nonpublic schools. Consultation must also be meaningful, which
requires the public agency to:
(1) afford all
parties a genuine opportunity to express their views and have those views
considered by the public agency; and
(2) discuss the subjects set forth in
subsection (c).
(c) The
following subjects must be discussed during a consultation:
(1) The child find process, including the
following:
(A) How nonpublic school students
suspected of having a disability will be:
(i)
located;
(ii) identified;
and
(iii) evaluated.
(B) How:
(i) parents;
(ii) teachers; and
(iii) nonpublic school officials; will be
informed of the child find process.
(2) The determination of the proportionate
amount of federal funds, as specified in section 7 of this rule, available to
serve nonpublic school students, including how the proportionate amount of
those funds was calculated.
(3) An
explanation of how the consultation process between the:
(A) public agency;
(B) nonpublic school representatives;
and
(C) parent representatives of
nonpublic school students; will operate throughout the school year to ensure
that nonpublic school students with disabilities identified through the child
find process can meaningfully participate in special education and related
services.
(4) How,
where, and by whom, in accordance with sections 8 and 9 of this rule, special
education and related services will be provided for nonpublic school students
with disabilities, including a discussion of the following:
(A) The types of services, which may include
direct services and alternate service delivery mechanisms.
(B) How special education and related
services will be offered to all nonpublic school students with disabilities if
the proportionate amount of Part B funds, as specified in section 7 of this
rule, is insufficient to serve all nonpublic school students with
disabilities.
(C) How and when
those decisions will be made.
(5) If the public agency disagrees with the
views of the nonpublic school officials on the provision of services or the
types of services, whether provided directly or through a contract, the public
agency must explain how it will provide to the nonpublic school officials a
written explanation of the reasons why the public agency chose not to accept
the views of the nonpublic school officials.
(d) When consultation required in subsections
(a) through (c) has occurred, the public agency must obtain a written
affirmation, signed by the representatives of participating nonpublic schools,
affirming that the public agency engaged in consultation that met the
requirements of subsections (b) and (c). A public agency does not need to
obtain written affirmation from nonpublic schools that do not participate in
the consultation process.
(e) If
the representatives of the participating nonpublic schools do not provide the
written affirmation to the public agency within twenty (20) instructional days
of the date the consultation occurred, the public agency must forward
documentation of the consultation process to the division of special
education.
(f) A nonpublic school
official has the right to submit a complaint to the division of special
education alleging that the public agency did not:
(1) engage in consultation that was timely
and meaningful as required in subsections (b) and (c); or
(2) give due consideration to the views of
the nonpublic school official.
(g) Complaints submitted under subsection (f)
must:
(1) be filed with the division of
special education according to the complaint procedures set forth in
511 IAC
7-45-1;
(2) specify how the public agency failed to
comply with the consultation requirements set forth in subsections (b) and (c);
and
(3) contain appropriate
documentation related to the complaint.
(h) If the nonpublic school official is
dissatisfied with the decision of the division of special education, the
official may submit a complaint to the Secretary of the United States
Department of Education by providing the information on noncompliance described
in subsection (g)(2) and (g)(3). The division of special education must forward
appropriate documentation to the Secretary of the United States Department of
Education.
