Current through September 18, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-32-4-11; IC 20-33-2-10; IC
20-35
Sec. 8.
(a) The
services identified in an IEP must be provided as follows:
(1) No later than ten (10) instructional days
after parental consent to the student's initial IEP is received.
(2) On the eleventh instructional day after a
public agency provides written notice described in section 7 of this rule
regarding a student's proposed IEP that is subsequent to the initial IEP,
unless the parent consents in writing to an earlier implementation date. The
public agency must continue to implement the current IEP if the parent
challenges the proposed IEP prior to its implementation by:
(A) requesting and participating in a meeting
with an official of the public agency who has the authority to facilitate the
disagreement between the parent and the public agency;
(B) initiating mediation under
511 IAC 7-45-2; or
(C) requesting a due process hearing under
511 IAC
7-45-3.
(3) On the eleventh instructional day after a
meeting or mediation to resolve a parent's challenge to the IEP under
subsection (2)(A) or 2(B) [subdivision (2)(A) or 2(B)], unless
the parent requests a due process hearing within ten (10) instructional days.
The public agency must provide the parent with written notice at the conclusion
of the meeting or mediation that the proposed or revised IEP will be
implemented on the eleventh instructional day after the notice unless the
parent requests a due process hearing.
(4) For students transitioning from early
intervention services to early childhood special education, on the student's
third birthday in accordance with
511 IAC 7-43-2.
(5) On the initiation date stated in the
student's IEP in all other circumstances.
(b) An IEP must be implemented as it is
written.
(c) The student's teacher
of record must do the following:
(1) Monitor
the implementation of the student's IEP.
(2) Ensure that each of the student's
teachers, related service providers, paraprofessionals, and any other service
providers who are responsible for implementing the student's IEP:
(A) have access to a copy of the
IEP;
(B) are informed of their
specific responsibilities related to implementing the IEP; and
(C) are informed of the specific
accommodations, modifications, and supports that must be provided for the
student in accordance with the student's IEP.
(3) Ensure that the CCC is informed of any
modifications made to the student's IEP in accordance with section 9(e)(2) and
9(g) of this rule.
(4) Beginning in
grade 9, communicate at least one (1) time each grading period with the
student's parent concerning the student's progress toward the student's
selected diploma, as required by IC 20-32-4-11.
(5) Be responsible for all other activities
identified in
511 IAC
7-32-97.
(d) At the beginning of each school year, a
public agency must have in effect, for each student with a disability within
its district:
(1) an IEP as specified in
section 6 of this rule; or
(2) a
service plan as described in
511 IAC 7-34-5 if the student is
parentally-placed in a nonpublic school within the jurisdiction of the public
agency.
(e) If a newly
enrolled student received special education services from another public agency
within the state and enrolls in a new public agency within the same school
year, the new public agency, in consultation with the student's parent, must
immediately provide the student with a free appropriate public education,
including services comparable to those described in the student's IEP from the
previous public agency, until the new public agency either:
(1) adopts the student's IEP from the
previous public agency; or
(2)
develops, adopts, and implements a new IEP that meets the applicable
requirements of this rule.
(f) If a newly enrolled student received
special education services in another state, and enrolls within the same school
year, the new public agency, in consultation with the student's parent, must
immediately provide the student with a free appropriate public education,
including services comparable to those described in the student's IEP from the
previous public agency, until the new public agency:
(1) conducts an educational evaluation under
511 IAC 7-40, if the new public
agency determines that this is necessary; and
(2) develops, adopts, and implements a new
IEP, if appropriate, that meets the applicable requirements in this
rule.
(g) To facilitate
the transition of students described in subsections (e) and (f), the:
(1) new public agency in which the student
enrolls must take reasonable steps to promptly obtain the student's records,
including the IEP, supporting documents, and any other records relating to the
provision of special education or related services to the student from the
previous public agency in which the student was enrolled under
511 IAC
7-38-1(r)(2); and
(2) previous public agency in which the
student was enrolled must take reasonable steps to promptly respond to the
request from the new public agency, as required by IC
20-33-2-10.
(h) If a parent revokes consent for special
education and related services in accordance with section 15 of this rule, the
public agency must terminate the implementation of a student's IEP on the
eleventh instructional day after the public agency provides the parent with the
written notice required by section 15(b) of this rule, unless the parent
consents in writing that the services will be terminated prior to the eleventh
day.
