Current through March 20, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 1.
(a) On
December 1 of each year, each public agency must count the number of students:
(1) eligible for special education and
related services; and
(2) receiving
services on that date.
If December 1 is not a school or program day, the closest
instructional day must be used for the count.
(b) The department of education must do the
following:
(1) Report not later than February
1 each year to the United States Secretary of Education a total, noncumulative,
unduplicated count of students identified and provided special education and
related services under this article.
(2) Include in its report a certification
signed by an authorized official of the department of education that the count
is accurate and unduplicated.
(c) The child count report must include the
following:
(1) A count of students enrolled on
December 1 in a school or program operated by a public agency that provides
students with either:
(A) special education
and related services that meet the standards of this article; or
(B) only special education services if
related services are not necessary for the students to benefit from special
education.
(2) A count
of students with disabilities enrolled by their parents in nonpublic schools
who are eligible for special education and related services and receive special
education or related services, or both, in accordance with 511 IAC 7-34,
provided must meet the standards of this article.
(3) A count of students specified by age on
the child count date from three (3) years of age through the school year in
which the students become twenty-two (22) years of age within each disability
category.
(4) Students placed in
nonpublic residential special schools under
511
IAC 7-42-13.
(d) The following students must not be
included in the child count report to the United States Secretary of Education:
(1) Those not enrolled in a school or program
operated or supported by a public agency.
(2) Those provided special education that
does not meet the requirement of this article.
(3) Those not provided with a related service
needed to assist them in benefiting from special education.
(e) The department of education
must do the following:
(1) Establish
procedures for taking the December 1 count.
(2) Set a date by which public agencies must
submit the child count report.
(3)
Obtain certification from each public agency that the child count report
submitted by the public agency is:
(A)
noncumulative;
(B) unduplicated;
and
(C) accurate.
(4) Aggregate the data obtained
from each public agency and prepare the required reports in a form that
protects personally identifiable information.
(5) Ensure that documentation is maintained
at the state and local level to audit the accuracy of the count.
(f) The department of education
must collect and report annually required data to the United States Secretary
of Education. The data that is publicly reported by the department of education
must be reported in a manner that does not result in disclosure of data
identifiable to individual students.
