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. 1.
(a) "Related
services" means transportation and developmental, corrective, and other
supportive services that are required for a student to benefit from special
education. The public agency must provide related services to a student if the
student's CCC determines that related services are necessary for the student to
benefit from special education.
(b)
Related services may be provided as:
(1)
direct services by qualified professionals; or
(2) integrated services by teachers or
paraprofessionals acting in accordance with the instructions of qualified
professionals.
(c)
Related services include the following and may include other developmental,
corrective, or supportive services if the services are required for a student
to benefit from special education:
(1)
Audiological services.
(2)
Counseling services.
(3) Early
identification and assessment of disabilities in children.
(4) Interpreting services.
(5) Medical services for the purpose of
diagnosis and evaluation.
(6)
Occupational therapy.
(7)
Orientation and mobility services.
(8) Parent counseling and training.
(9) Physical therapy.
(10) Psychological services.
(11) Recreation, including therapeutic
recreation.
(12) Rehabilitation
counseling.
(13) School health
services.
(14) School nurse
services.
(15) School social work
services.
(16)
Transportation.
(17) Other
supportive services.
(d)
Related services do not include the following:
(1) A medical device that is surgically
implanted, such as a cochlear implant.
(2) The optimization of a surgically
implanted device's functioning, such as mapping for a cochlear
implant.
(3) Maintenance of a
surgically implanted device.
(4)
The replacement of a surgically implanted device.
(e) Nothing in subsection (d):
(1) limits the right of a student with a
cochlear implant or other surgically implanted devices to receive special
education (such as speech and language services) and related services that the
student's CCC determines are necessary for the student to receive a free
appropriate public education;
(2)
limits the responsibility of a public agency to appropriately monitor and
maintain medical devices that are needed to maintain the health and safety of
the student, including:
(A)
breathing;
(B) nutrition;
or
(C) operation of other bodily
functions; while the student is transported to and from school or is at school;
or
(3) prevents the
routine checking of an external component of a surgically implanted device to
make sure it is functioning properly, as required in
511
IAC 7-36-7(n).
(f) Audiological services:
(1) may include:
(A) identification of students with hearing
loss;
(B) determination of the
nature, range, and degree of hearing loss, including referral for medical or
other professional attention for the habilitation of hearing;
(C) provision of habilitative activities,
such as:
(i) language habilitation;
(ii) auditory training;
(iii) hearing evaluation;
(iv) speech/lip reading; and
(v) speech conservation;
(D) creation and administration of programs
for prevention of hearing loss;
(E)
counseling with and guidance of students, teachers, and parents regarding
hearing loss; and
(F) determination
of a student's need for group or individual amplification, selecting and
fitting of an appropriate hearing aid, and evaluating the effectiveness of
amplification; and
(2)
must be provided by a licensed educational or clinical audiologist.
(g) Counseling services may:
(1) include:
(A) sharing career information;
(B) administering interest inventories or
other career assessment instruments;
(C) providing assistance in career
planning;
(D) guiding the
identification of and planning for a student's course of study designed to help
the student achieve the postschool goals and outcomes; and
(E) assisting the student to:
(i) understand and cope with a
disability;
(ii) cope with a
personal problem or crisis; and
(iii) develop and implement a behavioral
intervention plan;
(2) be provided:
(A) in the instructional setting or another
setting; and
(B) on a regular
schedule or an as-needed basis; and
(3) be provided by:
(A) school social workers or school
counselors;
(B) school, clinical,
or child psychologists;
(C)
administrators or teachers;
(D)
related services personnel;
(E)
vocational rehabilitation counselors; or
(F) other qualified professionals.
(h) Early
identification and assessment of disabilities includes, but is not limited to,
a formal plan for identifying a disability as early as possible in a child's
life.
(i) Requirements for
interpreting services are as follows:
(1)
Interpreting services include the following:
(A) When used with respect to students who
are deaf or hard of hearing, the following:
(i) Oral transliteration services.
(ii) Cued language transliteration
services.
(iii) Sign language
transliteration and interpreting services.
(iv) Transcription services, such as the
following:
(AA) Communication access real time
translation (CART).
(BB)
C-Print.
(CC) TypeWell.
(B) Special
interpreting services for students who are deaf-blind.
(2) Individuals who provide sign language
transliteration and interpreting services described in subdivision (1)(A)(iii)
must be certified to interpret in an educational setting.
(j) Medical services for the purpose of
diagnosis and evaluation must be:
(1)
considered a related service provided at no cost to the parent only if:
(A) a diagnosis and evaluation of a medically
related disability is needed to determine eligibility for special education or
related services; or
(B) ordered by
a hearing officer to determine a student's eligibility for special education
and related services or appropriate services for an eligible student;
and
(2) provided by a
physician with an unlimited license to practice medicine.
(k) Occupational therapy services:
(1) may include:
(A) evaluating:
(i) developmental levels;
(ii) gross and fine motor functioning;
and
(iii) self-care
skills;
(B) developing,
improving, or restoring functions impaired or lost through:
(i) illness;
(ii) injury; or
(iii) deprivation;
(C) improving ability to perform tasks for
independent functioning if functions are impaired or lost;
(D) preventing, through early intervention,
initial or further impairment or loss of function;
(E) designing or adapting:
(i) materials;
(ii) equipment; or
(iii) the educational environment; to meet a
student's needs;
(F)
consulting with:
(i) parents;
(ii) teachers;
(iii) paraprofessionals; and
(iv) other related services personnel;
regarding activities that can assist in meeting the goals of therapy;
and
(2) must
be provided by a:
(A) certified occupational
therapist; or
(B) certified
occupational therapy assistant under the supervision of a certified
occupational therapist.
(l) Orientation and mobility services:
(1) are provided to students who are blind or
have low vision by qualified professionals to enable those students to attain
systematic orientation to and safe movement within their environments in
school, home, and community; and
(2) include teaching students, as
appropriate:
(A) spatial and environmental
concepts and use of information received by the senses (such as sound,
temperature, and vibrations) to establish, maintain, or regain orientation and
line of travel (such as using sound at a traffic light to cross the
street);
(B) to use the long cane
or a service animal:
(i) to supplement visual
travel skills; or
(ii) as a tool
for safely negotiating the environment for students with no available travel
vision;
(C)
understanding and using remaining vision and distance low vision aids;
and
(D) other concepts, techniques,
and tools.
(m) Parent counseling and training may:
(1) include:
(A) assisting the parents in understanding
the special needs of their child;
(B) providing parents with information on
child development; and
(C)
assisting parents in understanding the student's educational program and
helping them to acquire the necessary skills that will allow them to support
the implementation of their child's IEP;
(2) be provided:
(A) as part of the CCC process; or
(B) in the form of special meetings or
conferences; and
(3) be
provided by any of the persons listed in subsection (g)(3). The nature of the
parent counseling and training needs must guide the selection of the
appropriate individual and manner in which the counseling and training are
provided.
(n) Physical
therapy:
(1) may include:
(A) evaluating:
(i) developmental levels;
(ii) gross motor function;
(iii) reflex levels;
(iv) range of motion;
(v) muscular strength; and
(vi) respiratory function;
(B) designing and implementing
activities to:
(i) prevent;
(ii) correct;
(iii) treat; or
(iv) alleviate; impairments;
(C) evaluating, designing, and
recommending adaption of assistive devices and equipment; and
(D) consulting with:
(i) parents;
(ii) teachers;
(iii) paraprofessionals; and
(iv) other related services personnel;
regarding activities that can assist in meeting the goals of therapy;
and
(2) must
be provided:
(A) by a:
(i) licensed physical therapist; or
(ii) certified physical therapist assistant
under the direct supervision of a licensed therapist; and
(B) only upon referral or order of a
licensed:
(i) physician;
(ii) podiatrist;
(iii) psychologist;
(iv) chiropractor; or
(v) dentist; or as otherwise permitted by
state law governing licensing of physical therapists.
(o) Psychological
services must be provided by school, clinical, and child psychologists or
psychiatrists who are appropriately licensed and trained to provide the
following services:
(1) Administering
psychological and educational assessments as a member of the multidisciplinary
team.
(2) Interpreting assessment
results.
(3) Obtaining,
integrating, and interpreting information regarding student behavior and
conditions related to learning.
(4)
Consulting and working with school personnel and parents in planning and
developing a student's IEP to meet the special needs of a student as indicated
by the following:
(A) Psychological
assessments.
(B)
Interviews.
(C) Direct
observation.
(D) Behavioral
assessments.
(5)
Planning and managing a program of psychological services, including
psychological counseling for students and parents.
(6) Assisting in developing positive
behavioral intervention strategies.
(p) Recreation services may include the
following:
(1) Assessment of leisure
function.
(2) Therapeutic
recreation services.
(3) Recreation
programs in the schools and community agencies.
(4) Leisure education.
(q) Rehabilitation counseling services may
include the following:
(1) Services provided
by qualified professionals in individual or group sessions that focus
specifically on the following:
(A) Career
development.
(B) Employment
preparation.
(C) Achieving
independence.
(D) Integration in
the workplace and community of the student with a disability.
(2) Vocational rehabilitation
services provided to a student with disabilities by vocational rehabilitation
programs funded under the Rehabilitation Act of 1973, as amended.
(r) School health services:
(1) include health services that are designed
to enable a student with a disability to receive a free appropriate public
education as described in the student's IEP; and
(2) must be provided by either:
(A) a licensed school nurse; or
(B) other qualified personnel.
(s) School nurse
services:
(1) are health services designed to
enable a student with a disability to receive a free appropriate public
education as described in the student's IEP;
(2) include the services described in
511 IAC 4-1.5-6,
such as developing health care plans that are integrated into the student's
IEP; and
(3) must be provided by a
licensed school nurse.
(t) School social work services:
(1) may include:
(A) serving as a member of the educational
evaluation multidisciplinary team with responsibilities that may include the
preparation of a social and developmental history on a student;
(B) group and individual counseling with the
student and family;
(C) working, in
partnership with parents and others, on those problems in a student's home,
school, and community life that affect the student's adjustment in the
educational setting;
(D) mobilizing
school and community resources to enable the student to learn as effectively as
possible in the student's educational program; or
(E) assisting in developing positive
behavioral intervention strategies; and
(2) must be provided by a licensed school
social worker.
(u)
Transportation:
(1) may include:
(A) travel:
(i) to and from the educational setting and
between educational settings;
(ii)
in and around the educational setting;
(iii) to and from related services that are
provided outside the educational setting; or
(iv) for participation in nonacademic and
extracurricular activities if transportation is provided to nondisabled
students; or
(B) any
service not provided to nondisabled students, including:
(i) special bus routes;
(ii) special or adapted vehicles;
(iii) aides in attendance;
(iv) separate or different modes of
transportation, such as taxi or individual transportation; or
(v) special equipment such as oxygen, lifts,
and ramps;
(2) must be provided by the:
(A) public agency, directly or by contract;
or
(B) student's parent, but only
if the parent is willing to provide transportation, in which case the parent is
entitled to reimbursement at the rate that employees of the public agency are
reimbursed for travel expenses; and
(3) must be provided:
(A) when the student:
(i) needs assistance moving from place to
place within the educational setting;
(ii) is enrolled in a school other than the
school the student would attend if not disabled, including another building in
the same school corporation, to another school corporation, or to a
state-operated school; or
(iii) is
enrolled as a residential student in a public or private residential facility,
in accordance with
511
IAC 7-42-14;
(B) when issues about the student's special
physical health, mobility, or behavior require special consideration for type
of transportation safety, supervision, assistance, or time in transit;
or
(C) when the student:
(i) requires a shortened instructional day;
(ii) needs a related service that
is provided:
(AA) at a site other than the
school attended by the student; or
(BB) outside of the instructional day;
or
(iii) for other
reasons, cannot be transported with nondisabled students or needs special
assistance or consideration.
Indiana State Board of
Education; 511 IAC 7-43-1; 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