Indiana Administrative Code
Rule 36 - General Administration of Programs
Section 36-3.5 - Policy and rule of construction

Universal Citation: 511 IN Admin Code 36-3.5

Current through September 27, 2023

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-33

Sec. 3.5.

(a) The public agency must take measurable steps to recruit, hire, train, and retain personnel who meet the applicable requirements described in sections 2 and 3 of this rule to provide special education and related services under this article to children with disabilities.

(b) Notwithstanding any other individual right of action that a parent or student may maintain under this article, nothing in this article shall be construed to:

(1) create a right of action on behalf of an individual student or class of students for the failure of a public agency employee to meet the requirements described in subsection (a); or

(2) prevent a parent from filing a complaint about staff qualifications with the division of special education under 511 IAC 7-45-1.

Indiana State Board of Education; 511 IAC 7-36-3.5; filed 6/13/2022, 9:15 a.m.: 20220713-IR-511220014FRA

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