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. 4.
(a) Each
public agency must, on an annual basis, count the number of students with
disabilities by race, ethnicity, limited English proficiency status, gender,
and disability category who:
(1) are receiving
a free appropriate public education;
(2) are participating in general
education;
(3) are in:
(A) separate classes;
(B) separate schools or facilities;
or
(C) public or private
residential facilities;
(4) for each year from fourteen (14) years of
age to twenty-one (21) years of age, stopped receiving special education and
related services because of program completion (including graduation with a
high school diploma as defined in
511 IAC 6-7.1-1(e)
), or other reasons, and the reasons why
those students stopped receiving special education and related services;
and
(5) under
511
IAC 7-44-6 or
511
IAC 7-44-7, are removed to an interim alternative
educational setting, the acts or items precipitating those removals, and the
number who are subject to long-term suspensions or expulsions.
(b) In addition to the data
collected in subsection (a), each public agency must, on an annual basis,
provide to the department of education the following data:
(1) The number and percentage of students
with disabilities by:
(A) race;
(B) gender; and
(C) ethnicity;
who are receiving early intervening services as defined in
511 IAC
7-32-29.
(2)
The incidence and duration of disciplinary actions of students with
disabilities by:
(A) race;
(B) ethnicity;
(C) limited English proficiency
status;
(D) gender; and
(E) disability category;
including removals (suspensions) of one (1) day or
more.
(3) The
number and percentage of students with disabilities who are removed to
alternative educational settings or expelled as compared to nondisabled
students who are removed to alternative educational settings or
expelled.
(4) The number of due
process hearing requests filed under
511 IAC
7-45-3 and the number of due process hearings
conducted.
(5) The number of due
process hearings requested under 511 IAC 7-44 and the number of changes in
placements ordered as a result of those hearings.
(6) The number of mediations held in
accordance with
511 IAC 7-45-2 and the
number of settlement agreements reached through such mediations.
(c) Each public agency
must, on an annual basis, provide the department of education with any other
program information that may be required by the Secretary of the United States
Department of Education. The department of education will annually inform the
public agency of the child count procedures and categorical criteria required
for the December 1 count.
(d) With
regard to the child count data collected, the department of education must
annually examine the data collected and report to the state advisory council on
the education of children with disabilities on whether there is a significant
disproportionality based on race with respect to the:
(1) identification of students as students
with disabilities;
(2)
identification of students as students with disabilities in accordance with a
particular disability described in 511 IAC 7-41;
(3) placement of students in a particular
educational setting; and
(4)
incidence, duration, and type of disciplinary actions, including suspensions
and expulsions.
(e) The
department of education must require any public agency identified under
subsection (d) to do the following:
(1)
Review and, if appropriate, revise the:
(A)
policies;
(B) procedures;
and
(C) practices;
used in the identification or placement of students with
disabilities.
(2) Reserve the maximum amount of funds under
511
IAC 7-40-2(a) to provide
comprehensive coordinated early intervening services to serve students in the
public agency, particularly, but not exclusively, students in those groups that
were significantly overidentified under subsection (d).
(3) Publicly report on the revision of:
(A) policies;
(B) practices; and
(C) procedures; described under subdivision
(1).
