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

Universal Citation: 511 IN Admin Code 34-5

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:

(1) 511 IAC 7-42-2 regarding notice of CCC meetings.

(2) 511 IAC 7-42-3 regarding CCC participants, which requires the public agency to ensure that a representative of the nonpublic school or facility attend the CCC meeting. If the representative cannot attend, the public agency must use other methods to ensure participation of the representative, such as individual or conference telephone calls.

(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:

(1) A statement of the student's present levels of educational performance.

(2) A statement of measurable annual goals related to the services that will be provided, describing what the student can be expected to accomplish within a twelve (12) month period.

(3) A statement of the special education and related services and supplementary aids and services to be provided to the student or, on behalf of the student, by the public agency, or supports for school personnel that will be provided.

(4) If applicable, a statement regarding the student's participation in statewide or district assessments, including documentation of any appropriate testing accommodations that will be utilized by the student, according to the requirements in 511 IAC 7-36-10.

(5) The projected dates for initiation of services by the public agency and the anticipated length, frequency, location, and duration of services.

(6) A statement of the student's progress toward annual goals including how the parents will be informed of the progress.

(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.

Disclaimer: These regulations may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.