Indiana Administrative Code
Rule 42 - Determination of Special Education Services
Section 42-12 - Instruction for students with injuries and temporary or chronic illnesses

Universal Citation: 511 IN Admin Code 42-12

Current through September 27, 2023

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

Affected: IC 20-19-2; IC 20-35

Sec. 12.

(a) All students with injuries and temporary or chronic illnesses that preclude their attendance in school, including students who are not eligible for special education and related services, must be provided with instruction.

(b) Before instruction for a student unable to attend school can begin, the parent must provide the school corporation with a written statement from a physician (which includes a doctor of osteopathy) with a valid, unlimited license to practice medicine, or a Christian Science practitioner, that states one (1) of the following:

(1) The student has a temporary illness or injury that will require the student's absence from school for a minimum of twenty (20) consecutive instructional days. If the:
(A) illness or injury occurs less than twenty (20) instructional days prior to the end of the school year; and

(B) student needs instruction to meet promotion or graduation requirements;

the physician's statement must indicate that the student will be unable to attend school through the end of the current school year.

(2) The student has a chronic illness or other medical condition that will require the student's absence for an aggregate of at least twenty (20) instructional days over the period of the school year.

(c) For a student who is:

(1) eligible for special education and related services; and

(2) unable to attend school as described in subsection (b);

special education and related services, including access to the general education curriculum, must be provided in accordance with the IEP as determined by the CCC.

(d) Instruction provided under this rule may continue through the summer to enable a student to complete a semester to meet promotion requirements.

(e) For a student who is eligible for special education and related services, instruction and related services must be provided by appropriately licensed personnel. For all other students, instruction must be provided by teachers licensed to teach the grade level of the student.

(f) The mediation and due process procedures provided in 511 IAC 7-45 do not apply to nondisabled students who receive instruction under this section.

Indiana State Board of Education; 511 IAC 7-42-12; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA

Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA

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