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. 7.
(a) A public
agency must do the following:
(1) Offer
services to each student who is:
(A) eligible
to receive special education and related services; and
(B) parentally-placed by his or her parent in
a nonpublic school within the boundaries of the public agency. Public agencies
may use state funds and Part B funds to provide services under this
rule.
(2) Control and
administer Part B funds that are used to provide special education and related
services under this rule.
(3)
Determine the number of parentally-placed nonpublic school students with
disabilities attending nonpublic schools located in the public agency. The
count:
(A) must be conducted annually on
December 1; and
(B) is used to
determine the amount of Part B funds that the public agency must spend on
providing special education and related services to parentally-placed nonpublic
school students with disabilities in the next subsequent school year.
(4) Spend a proportionate share of
its Part B funds to serve parentally-placed nonpublic school students with
disabilities. The proportionate amount of Part B funds must be calculated
according the specifications set forth in subsections (b) through
(e).
(b) The public
agency, in providing special education and related services to students in
nonpublic schools must expend at least an amount that is the same proportion of
the public agency total subgrant under
20
U.S.C. 1411(f) as the number
of nonpublic school students with disabilities, who are enrolled by their
parents in nonpublic schools within its boundaries, is to the total number of
students with disabilities of the same age range.
(c) To calculate the proportionate amount of
Part B funds specified in subsection (b), the public agency must take the
following steps:
(1) Using data from the
previous calendar year's December 1 count, divide the number of
parentally-placed nonpublic school students with disabilities by the total
number of students with disabilities (public school and nonpublic school
students).
(2) The quotient
obtained in subdivision (1) is multiplied by the public agency's current total
subgrant under
20
U.S.C. 1411(f).
(3) The product obtained in subdivision (2)
equals the public agency's proportionate amount of Part B funds that must be
spent on parentally-placed nonpublic school students.
(d) For students three (3) years of age
through five (5) years of age, the public agency, in providing special
education and related services to students in nonpublic schools, must expend at
least an amount that is the same proportion of the public agency total subgrant
under
20 U.S.C.
1419(g) as the number of
nonpublic school students with disabilities three (3) years of age through five
(5) years of age who are enrolled by their parents in nonpublic schools within
its boundaries, is to the total number of students with disabilities three (3)
years of age through five (5) years of age.
(e) To calculate the proportionate amount of
Part B funds specified in subsection (d), the public agency must take the
following steps:
(1) Using data from the
previous calendar year's December 1 count, divide the number of
parentally-placed students with disabilities three (3) years of age through
five (5) years of age, who attend nonpublic schools that meet the definition of
an elementary school in
511 IAC
7-32-33, by the total number of students with
disabilities three (3) years of age through five (5) years of age (public
school and nonpublic school students).
(2) The quotient obtained in subdivision (1)
is multiplied by the public agency's current total subgrant under
20 U.S.C.
1419(g).
(3) The product obtained in subdivision (2)
equals the public agency's proportionate amount of Part B funds that must be
spent on parentally-placed nonpublic school students three (3) years of age
through five (5) years of age who attend nonpublic schools that meet the
definition of elementary school in
511 IAC
7-32-33.
(f) A public agency must calculate the
proportionate share of Part B funds before designating funds for early
intervening services.
(g) State and
local funds may supplement but in no case supplant the proportionate share of
Part B funds required to be expended for parentally-placed nonpublic school
students with disabilities under this rule.
(h) If a public agency has not expended all
of the proportionate amount of Part B funds described in subsections (b)
through (e) by the end of the fiscal year for which the division of special
education allocated the funds, the public agency must obligate the remaining
funds for special education and related services, including direct services, to
parentally-placed nonpublic school students with disabilities during a
carryover period of one (1) additional year.
(i) Expenditures for child find activities,
including the cost of individual evaluations and reevaluations, shall not be
considered in determining whether the public agency has met the proportionate
share requirement in this section.
(j) The public agency shall not use the Part
B funds to do the following:
(1) Fund existing
levels of instruction currently provided by the nonpublic school or otherwise
benefit the nonpublic school.
(2)
Meet the needs of the nonpublic school.
(3) Meet the general needs of the students
enrolled in the nonpublic school.
(4) Fund classes that are organized
separately on the basis of school enrollment or religion of the students if the
classes:
(A) are at the same site;
and
(B) include students enrolled
in public schools and students enrolled in nonpublic schools.
(k) The public agency
may use Part B funds for the following:
(1) To
make public school personnel available in places other than public facilities:
(A) to the extent necessary to provide
special education and related services to students with disabilities in
nonpublic schools; and
(B) if those
services are not normally provided by the nonpublic school.
(2) To pay for the services of an
employee of the nonpublic school to provide special education and related
services if the employee performs the services:
(A) outside of the employee's regular hours
of duty; and
(B) under public
supervision and control.
