Indiana Administrative Code
Rule 42 - Determination of Special Education Services
Section 42-13 - Nonpublic school or facility placements by public agencies

Universal Citation: 511 IN Admin Code 42-13

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. 13.

(a) Before a public agency places a student with a disability in a nonpublic school or facility, the public agency must initiate and conduct a CCC meeting to develop an IEP for the student in accordance with this rule.

(b) The public agency must ensure that a representative of the nonpublic school or facility attends the meeting. If the representative cannot attend, the public agency must use other methods to ensure participation by the nonpublic school or facility, including individual or conference telephone calls or video conference.

(c) After a student enters a nonpublic school or facility, any meetings to review and revise the student's IEP may be initiated and conducted by the nonpublic school or facility at the discretion of the public agency. If the nonpublic school or facility initiates and conducts the CCC meetings, the public agency must ensure that the parent and a public agency representative:

(1) are involved in any decision about the student's IEP; and

(2) agree to any proposed changes in the IEP before those changes are implemented.

(d) Even if a nonpublic school or facility implements a student's IEP, responsibility for compliance with this article remains with the public agency. The public agency must ensure that the student:

(1) is provided:
(A) special education and related services:
(i) in conformance with an IEP that meets the requirements of this rule; and

(ii) at no cost to the parents; and

(B) an education that meets the standards applicable to the state's public agencies, including the requirements of this article; and

(2) has all of the rights of a student with a disability who is served by a public agency.

(e) To comply with subsection (d), the public agency must do the following:

(1) Monitor compliance through procedures such as the following:
(A) Written reports.

(B) On-site visits.

(C) Parent questionnaires.

(2) Disseminate copies of applicable standards to each nonpublic school or facility to which the public agency has placed a student with a disability.

(3) Provide an opportunity for those nonpublic schools and facilities to participate in the development and revision of public agency standards that apply to them.

Indiana State Board of Education; 511 IAC 7-42-13; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA

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

Filed 3/18/2019, 2:33 p.m.: 20190417-IR-511180153FRA

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