Indiana Administrative Code
Title 511 - INDIANA STATE BOARD OF EDUCATION
Article 7 - SPECIAL EDUCATION
Rule 34 - Nonpublic Schools or Facilities
Section 34-5 - Decisions regarding services provided by the public agency and service plans
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. 5.
(a) After consulting with nonpublic school representatives and representatives of parents as described in section 3 of this rule, the public agency must make final decisions with respect to the services that will be provided to nonpublic school students with disabilities.
(b) If the public agency, when making final decisions in subsection (a), 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 provide to the nonpublic school officials a written explanation of the reasons why the public agency chose not to accept the recommendations of the nonpublic school officials.
(c) For each parentally-placed student in a nonpublic school that has been determined eligible to receive special education and related services from the public agency, the public agency must initiate and conduct CCC meetings to develop and implement service plans. A service plan must describe the specific special education and related services that the public agency will provide to the student in light of the services that the public agency has determined, through the consultation process described in section 3 of this rule, it will make available to parentally-placed nonpublic school students with disabilities.
(d) When conducting a CCC meeting to develop, review, and revise a service plan, the public agency must comply with the following:
(e) Parentally-placed nonpublic school students with disabilities may receive a different amount of services under a service plan than public school students receive under an IEP. However, a service plan must include the following:
(f) Special education and related services provided by the public agency to parentally-placed nonpublic school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools.
(g) If a student is enrolled, or is going to enroll in a nonpublic school outside of the student's school district of legal settlement, parental consent as defined in 511 IAC 7-32-17 must be obtained before any personally identifiable information about the student is released between public agency officials in the school district of legal settlement and the school district where the nonpublic school is located.