TITLE 511 INDIANA STATE BOARD OF EDUCATION
ARTICLE 7, RULES 3 - 16
SPECIAL EDUCATION RULES

EFFECTIVE DATE: MAY 26, 1995

INDIANA DEPARTMENT OF EDUCATION
DIVISION OF SPECIAL EDUCATION


Re-Printed August 1996





This document is an agency version of Indiana's Special Education rules also known as Article 7, Rules 3 - 16. An index has been added for reader reference and code citations have been deleted in this version. The reader is referred to the June, 1995 edition of the Indiana Register as the official promulgated version of Article 7, Rules 3 - 16.


TITLE 511 ARTICLE 7
Table of Contents


RULE 3, SECTIONS 1 - 52 DEFINITIONS

RULE 4, SECTIONS 1 - 4 GENERAL PROVISIONS
Authorization to conduct special education programs
Interagency agreements
Organizational and Administrative Structures
Special education for students in private schools and facilities

RULE 5, SECTIONS 1 - 3 PROGRAM PLANNING AND EVALUATION
Comprehensive plan
Program monitoring and approval
Comprehensive system of personnel development

RULE 6, SECTIONS 1 - 8 GENERAL ADMINISTRATION OF PROGRAMS
Parent and community participation
Special education program personnel
School calendar
Facilities
Instructional curricula, materials, equipment and assistive technology devices and service
Transportation
Administration of Medication
State assessment program

RULE 7, SECTION 1 PRIOR NOTICE
Notice of procedural safeguards

RULE 8, SECTION 1 CONFIDENTIALITY OF INFORMATION
Confidentiality policy and procedures

RULE 9, SECTION 1 EDUCATIONAL SURROGATE PARENTS
Educational surrogate parent policy and procedures

RULE 10, SECTIONS 1 - 3 IDENTIFICATION AND EVALUATION
Child identification
General education intervention procedures
Educational evaluation

RULE 11, SECTIONS 1 - 13 ELIGIBILITY CRITERIA
Autism
Communication disorder
Dual sensory impairment
Early childhood
Emotional handicap
Hearing impairment
Learning disability
Mental handicap
Multiple handicap
Orthopedic impairment
Other health impairment
Traumatic brain injury
Visual impairment

RULE 12, SECTION 1 - 5 EDUCATIONAL PLACEMENT
Case conference and annual case review
Least restrictive environment
Homebound instruction for students with disabilities
Instruction for homebound or hospitalized students
Alternative or residential service procedures

RULE 13, SECTION 1 - 5 PROGRAM AND SERVICE INFORMATION
Early childhood programs
Elementary programs
Secondary programs
Transition and ongoing adult services
Related services

RULE 14, SECTIONS 1 - 6 SPECIAL EDUCATION PLACEMENT OPTIONS AND CASELOADS
General information
Special education consultation
Special education resource services
Part-time special education instruction
Full-time special education instruction
Experimental programs

RULE 15, SECTION 1 - 6 DUE PROCESS PROCEDURES
Suspension
Expulsion
Mediation
Complaints
Due process hearings
Due process hearing appeals

RULE 16, SECTION 1 CHILD COUNT
Child count procedures



TITLE 511 INDIANA STATE BOARD OF EDUCATION

ARTICLE 7 - SPECIAL EDUCATION

RULE 3. DEFINITIONS

511 IAC 7-3-1 Applicability

Sec. 1. The definitions in this rule apply throughout this article.

511 IAC 7-3-2 Adaptive behavior

Sec. 2. "Adaptive behavior" means the effectiveness of or degree with which an individual meets the standards of personal independence and social responsibility expected of the individual's chronological age and cultural group.

511 IAC 7-3-3 Adequate notice

Sec. 3. "Adequate notice" means notice of a proposed or refused action related to the identification, evaluation, and educational placement of a student, or the provision of a free appropriate public education to the student, that:

(1) is provided early enough to allow a change in time or location to make arrangements to attend a meeting, or to allow a response prior to the proposed action;
(2) includes all components specified in this article, contingent upon the type of proposed or refused action;
(3) is provided in the native language, or other mode of communication if necessary; and
(4) is written or communicated in common, understandable language.

511 IAC 7-3-4 Adversely affects educational performance

Sec. 4. "Adversely affects educational performance" means a student's disability prevents the student from benefitting from the student's education without the provision of special education or related services.

511 IAC 7-3-5 Annual case review

Sec. 5. "Annual case review" means the annual meeting of the case conference committee which is conducted to review and revise, if needed, a student's individualized education program.

511 IAC 7-3-5.5 Assistive technology device and service

Sec. 5.5 "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of students with disabilities. "Assistive Technology Service" means any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device.

511 IAC 7-3-6 At no cost

Sec. 6. "At no cost" means special education and related services are provided at no charge to the parent. Incidental fees that are normally charged to nondisabled students or their parents as part of the general education program may be charged. Incidental fees may include, but are not limited to, the following: (1) Textbook rental.
(2) Consumable materials fees.
(3) Extracurricular fees.

511 IAC 7-3-7 Case conference committee

Sec. 7. "Case conference committee" means the group composed of public agency personnel, parents, and others who meet:

(1) to determine a student's eligibility for special education and related services;
(2) to develop, review, or revise a student's individualized education program; and
(3) to determine an appropriate educational placement.

511 IAC 7-3-8 Caseload

Sec. 8. "Caseload" means the total number of students properly assigned to a special education teacher, speech-language pathologist, or a related services provider, and is generally determined by the number of individualized education programs for which that person has partial or entire implementation responsibility.

511 IAC 7-3-9 Causal relationship

Sec. 9. "Causal relationship" means a process whereby a determination is made by a case conference committee, following review of all relevant data including the student's placement and pertinent educational records, whether a student's behavior is caused by, or is a manifestation of, the student's disability.

511 IAC 7-3-10 Change of placement

Sec. 10. "Change of placement" means a change in one (1) or more of the following, as determined by the case conference committee:

(1) Identification or reclassification of disability.
(2) Eligibility for special education.
(3) Increase or decrease in the length, frequency, or duration of services if the change affects the goals and objectives of the individualized education program.
(4) Placement within the continuum as set forth in 511 IAC 7-12-2(c).
(5) Change of location if such would affect the goals and objectives of the individualized education program.

511 IAC 7-3-11 Community-based instruction

Sec. 11. "Community-based instruction" means instruction conducted in a natural setting with emphasis on the necessary skills that prepare students to function more independently in domestic, vocational, recreational, leisure, and community environments.

511 IAC 7-3-12 Complaint

Sec. 12. "Complaint" means a written, signed report of an alleged violation of federal or state statutes, regulations, rules, or constructions governing special education and a request that the alleged violation be investigated.

511 IAC 7-3-13 Comprehensive plan

Sec. 13. "Comprehensive plan" means the written plan required under IC 20-1-6 specifying how the public agency will provide special education and related services in accordance with this article.

511 IAC 7-3-14 Comprehensive system of personnel development

Sec. 14. "Comprehensive system of personnel development" means a plan to provide training and information to public agency personnel, parents, and others regarding the provision of a free appropriate public education to students with disabilities.

511 IAC 7-3-15 Consultation

Sec. 15. "Consultation" means services which include, but are not limited to, the following:

(1) Working with general and special education teachers in matters relating to:
(A) development and implementation of individualized education programs,
(B) curriculum development,
(C) instructional or behavior management techniques, and
(D) identification, adaptation and utilization of materials, equipment, and instructional aids.
(2) Serving as a communication link between and among school personnel, parents, and other agencies.
(3) Conducting individual assessments or observations of a student.
(4) Counseling or crisis intervention.
(5) Providing direct services to a student or group of students.
(6) Providing parent counseling and training.

511 IAC 7-3-16 Diagnostic teaching evaluation

Sec. 16. "Diagnostic teaching evaluation" means an extended evaluation recommended and designed by the case conference committee to provide additional information concerning:

(1) a student's strengths and weaknesses;
(2) a student's learning styles;
(3) a student's specific educational needs; and
(4) other aspects relative to an appropriate education.

511 IAC 7-3-17 Disclosure

Sec. 17. "Disclosure" means to permit access to, release of, transfer of, or communication of, educational records or personally identifiable information from educational records to any party by any means including oral, written, or electronic means.

511 IAC 7-3-18 Division of special education

Sec. 18. "Division of special education" means the unit within the Indiana department of education charged under IC 20-1-6 with responsibility for general supervision of special education programs in the state, including the implementation of federal and state statutes, regulations, policies, directives, and constructions governing special education.

511 IAC 7-3-19 Due process hearing

Sec. 19. "Due process hearing" means a hearing conducted by an independent hearing officer when there is any dispute regarding the provision of a free appropriate public education to a student including, but not limited to, the student's:

(1) identification;
(2) educational evaluation;
(3) proposed or current program or placement; or
(4) reimbursement for these provisions.

511 IAC 7-3-20 Duration of services

Sec. 20. "Duration of services" means the projected month, day, and year of the beginning and ending of special education and related services in a program year. The day may be preceded by the phrase "on or about."

511 IAC 7-3-21 Educational records

Sec. 21. "Educational records" means records directly related to a student and maintained by a public agency or by a party acting for the public agency. The term does not include the records of instructional, supervisory, administrative, or ancillary personnel which remain in the sole possession of the maker of the record and are not accessible to or revealed to any other person. The term does include test protocols and individualized education programs.

511 IAC 7-3-22 Educational surrogate parent

Sec. 22. "Educational surrogate parent" means a trained person appointed to represent a student with disabilities in matters related to provision of a free appropriate public education including the identification, evaluation, and educational placement of the student in the following circumstances:

(1) The student's parents are unknown.
(2) The whereabouts of the student's parents cannot be determined.
(3) The student is a ward of the state.

511 IAC 7-3-23 Free appropriate public education

Sec. 23. "Free appropriate public education" means general education, special education, and related services that:

(1) are provided at public expense, under public supervision and direction, at no cost to the parent;
(2) meet the standards of the state education agency including the requirements of this article;
(3) include all educational programs for students mandated or authorized under applicable federal and state laws;
(4) are provided in conformity with an individualized education program that meets the requirements of this article; and
(5) include the equal opportunity of students identified as disabled under this article to participate in activities and services available to all other students.

511 IAC 7-3-24 Frequency of services

Sec. 24. "Frequency of services" means how often special education and related services are provided; e.g. twice a week.

511 IAC 7-3-25 Full-time special education instruction

Sec. 25. "Full-time special education instruction" means special education and related services provided at least fifty percent (50%) of the instructional time in a week, exclusive of lunch and recess.

511 IAC 7-3-26 General education

Sec. 26. "General education" means those programs provided or available to all students including the general sequential grades and levels, elective classes, extracurricular activities, and support services.

511 IAC 7-3-27 Home-based instruction

Sec. 27. "Home-based instruction" is special education instruction provided to three (3) and four (4) year old students in a student's home or a mutually agreed upon alternative setting. Home-based instruction is based on a student's individual needs. Based on a determination by the case conference committee, home-based instruction may:

(1) include direct instruction to a student;
(2) include demonstration or modeling of techniques for the parent(s) and siblings;
(3) be combined with instruction in the educational setting; or
(4) be the sole program provided to a student.

511 IAC 7-3-28 Homebound or hospitalized instruction

Sec. 28. "Homebound or hospitalized instruction" means instruction provided for students, including students who have not been identified as disabled under this article, who are unable to attend school. Homebound or hospitalized instruction may be provided at a student's home, at a hospital, or at another site in one (1) or more of the following ways:

(1) By a teacher.
(2) Through a telephone hookup.
(3) Through a television hookup.

511 IAC 7-3-29 Identification

Sec. 29. "Identification" means the determination, in accordance with this article, that:

(1) a disability exists;
(2) a disability exists that is different or additional, or both, to the disability originally determined; or
(3) the nature or extent of a disability, or both, no longer qualifies a student for special education.

511 IAC 7-3-30 Individualized education program

Sec. 30. "Individualized education program" means a written document developed by a case conference committee in accordance with 511 IAC 7-12-1 that contains all of the components required in 511 IAC 7-12-1.

511 IAC 7-3-31 Individualized transition plan

Sec. 31. "Individualized transition plan" means a written document developed by the case conference committee in accordance with 511 IAC 7-13-4 that includes, but is not limited to, the following:

(1) Desired post-school outcomes in community living.
(2) Employment or post-secondary education and training.
(3) Transition activities to occur during the remainder of a student's secondary educational program.

511 IAC 7-3-32 Intervener

Sec. 32. "Intervener" means an individual with knowledge and skill in the mode of communication of a student with a dual-sensory impairment who can communicate to the student what is occurring in the educational setting.

511 IAC 7-3-33 Job coach

Sec. 33. "Job coach" means an individual who provides training and assistance to students with disabilities involved in supported work programs. A job coach organizes into sequential steps the tasks necessary to do the job and teaches the student by working alongside the student while the tasks and the job are being learned.

511 IAC 7-3-34 Length of services

Sec. 34. "Length of services" means the amount of time special education and related services are provided each time; e.g. one (1) hour a day.

511 IAC 7-3-35 Mediation

Sec. 35. "Mediation" means a process whereby a parent and a public agency attempt to arrive at a mutually agreeable solution by working through a mediator to resolve differences involving a student's:

(1) identification;
(2) evaluation;
(3) educational placement; or
(4) provision of a free appropriate public education.

511 IAC 7-3-36 Mode of communication

Sec. 36. "Mode of communication" means the method used if a parent or student is deaf, blind, has no written language, or is a non-reader. Methods could include:

(1) sign language;
(2) braille;
(3) oral communication; or
(4) other augmentative devices.

511 IAC 7-3-37 Native language

Sec. 37. "Native language" means, in reference to a student or parent of limited English speaking ability, the language normally or primarily used, but not necessarily a written language.

511 IAC 7-3-38 Paraprofessional

Sec. 38. "Paraprofessional" means an individual who works under the supervision or direction of licensed teachers or related services personnel to assist in areas which relate to personal, social, and instructional needs. The term includes, but is not limited to, the following:

(1) Instructional or program assistants.
(2) School bus monitors.
(3) Interpreters.
(4) Notetakers.
(5) Job coaches.

511 IAC 7-3-39 Parent

Sec. 39. "Parent" means:

(1) any natural or adoptive parent whose natural parental rights have not been terminated or restricted in accordance with law, and:
(2) a legal guardian, including a court appointed temporary guardian or a person with legal custody such as a grandparent or other relative, or other adult who accepts full legal responsibility for the student and with whom the student lives;
(3) an educational surrogate parent appointed in accordance with 511 IAC 7-9-1;
(4) a foster parent with whom the student is living and who is acting as a parent so long as the foster parent has received training as an educational surrogate parent in accordance with this article; and
(5) any student with disabilities who is eighteen (18) years old and has not been adjudicated incompetent by a court, who shares this designation with the student's parent.

511 IAC 7-3-40 Part-time special education instruction

Sec. 40. "Part-time special education instruction" means special education and related services provided for at least twenty-five percent (25%) but no more than forty-nine percent (49%) of the instructional time in a week.

511 IAC 7-3-41 Personally identifiable information

Sec. 41. "Personally identifiable information" means information by which it is possible to identify a student with reasonable certainty including, but not limited to, the following:

(1) The name of a student, a student's parent, or any other family member.
(2) The address of a student.
(3) A personal identifier such as a student's social security number.
(4) A list of personal characteristics, including disability designation.

511 IAC 7-3-42 Physical education

Sec. 42. "Physical education" means those services, specially designed if necessary, which provide development of physical skills and motor fitness, fundamental motor skills and patterns, and skills in individual and group sports and games, including intramural and lifetime sports.

511 IAC 7-3-43 Public agency

Sec. 43. "Public agency" means any public or private entity which has direct or delegated authority to provide special education and related services, including the following:

(1) Public school corporations operating programs individually or cooperatively with other school corporations.
(2) Community agencies, state developmental centers, and hospitals operated or supported by the department of mental health.
(3) State schools and programs operated by the Indiana state board of health.
(4) Programs operated by the department of correction.
(5) Private schools and facilities which serve students referred or placed by a public school corporation, the division of special education, department of public welfare, or any other public agency.

511 IAC 7-3-44 Related services

Sec. 44. "Related services" means those services which are supplementary and complementary to the instructional program and are required to assist a student to benefit from special education. Such services may be developmental, corrective, or supportive in nature and are generally provided by persons other than the teacher to whom the student is assigned.

511 IAC 7-3-45 Resource services

Sec. 45. "Resource services" means special education instruction provided for up to twenty-four percent (24%) of the instructional time in a week.

511 IAC 7-3-46 Special education

Sec. 46. "Special education" means specially designed instruction, provided at no cost to the parent, to meet the unique needs of a student identified as disabled in accordance with this article. Special education may include the following:

(1) Classroom instruction.
(2) Community-based instruction.
(3) Instruction in hospitals, nursing homes, or other institutions.
(4) Homebound or home-based instruction.
(5) Instruction in physical education, vocational education, or speech-language therapy.

511 IAC 7-3-47 Special education planning district

Sec. 47. "Special education planning district" means the public school administrative unit responsible for the provision of special education and related services in a specified geographic area. A planning unit may be an individual public school corporation, or two (2) or more public school corporations which operate under a written agreement.

511 IAC 7-3-48 State operated school

Sec. 48. "State operated school" means schools operated by the Indiana state board of health, including the following:

(1) The Indiana School for the Deaf.
(2) The Indiana School for the Blind.
(3) The Indiana Soldiers' and Sailors' Children's Home.
(4) Silvercrest Children's Development Center.

511 IAC 7-3-49 Student

Sec. 49. "Student" means any person three (3) but less than twenty-two (22) years of age who has been formally referred for an educational evaluation to determine the nature and extent of a learning difficulty and possible eligibility for special education, and all students identified as disabled under this article. All rights described in this article accrue to the student and are concurrent with the parent's rights when the student turns eighteen (18) years of age, unless the student is adjudicated incompetent by a court.

511 IAC 7-3-50 Teacher-of-record

Sec. 50. "Teacher-of-record" means the special education teacher to whom a student with disabilities is assigned. The teacher-of-record is appropriately licensed and has the following responsibilities:

(1) Monitors the implementation of the student's individualized education program.
(2) Provides direct or indirect services to the student according to the program option in which the student is placed.
(3) Serves as a consultant and resource person to all other persons who provide services to the student.
(4) Participates in the case conference committee meetings as the student's teacher.

511 IAC 7-3-51 Vocational education

Sec. 51. "Vocational education" means any vocational, agricultural, occupational, manpower, employment, or technical training or retraining that:

(1) enhances an individual's career potential and further education; and
(2) is accessible to individuals who desire to explore and learn for economic and personal growth leading to employment opportunities.

511 IAC 7-3-52 Transition services

Sec. 52 (a) "Transition services" means a coordinated set of activities for a student, designed within an outcome-oriented process, that promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.

(b) The coordinated set of activities described in paragraph (a) of this section must:
(1) Be based on the individual student's needs, taking into account the student's preferences and interests; and
(2) Include:
(A) Instruction;
(B) Community experiences;
(C) The development of employment and other post-school adult living objectives; and
(D) If appropriate, acquisition of daily living skills and a functional vocational evaluation.

RULE 4. GENERAL PROVISIONS

511 IAC 7-4-1 Authorization to conduct special education programs

Sec. 1. (a) This article applies to all special education programs provided for students less than twenty-two (22) years of age. The division of special education is responsible for the general supervision of all special education programs as specified in IC 20-1-6.

(b) Public school corporations shall provide special education for all students five (5) years of age but less than 22 years of age identified as disabled under this article unless the student has completed high school graduation requirements.

(c) Public school corporations shall provide special education for all students three (3) through four (4) years of age identified as disabled under this article. These services may be provided directly by the public school corporation or may be provided under section 3(c) of this rule.

(d) A public school corporation may provide special education for students with hearing impairments as young as six (6) months of age.

511 IAC 7-4-2 Interagency agreements

Sec. 2. (a) The provisions of this article pertaining to identification, evaluation, and placement procedures as well as the provision of a free appropriate public education, including all due process and procedural safeguards, apply to special education programs conducted by, or under the jurisdiction of, the following:

(1) The Indiana state board of health.
(2) The department of mental health.
(3) The department of correction, for incarcerated youths.
(4) The department of public welfare.
(5) The department of human services.
(6) Any public or private agency providing special education programs for students referred by a public school corporation, the division of special education, or any other public agency.
(7) Any other public agency that contracts with any of the agencies in subdivisions (1) through (3) to provide special education.

(b) The division of special education shall, in conjunction with each public agency in subsection (a), develop an interagency memorandum of agreement. The agreement may contain additional information, but must delineate the party responsible for the following activities:

(1) Disseminate rules and laws affecting administration of the special education programs.
(2) Monitor compliance with rules and laws pertaining to special education.
(3) Provide technical assistance.
(4) Investigate complaints and appoint due process hearing officers.

(c) An agreement described in subsection (b):

(1) must be signed by the state superintendent of public instruction and the chief administrator of the public agency;
(2) is valid for a period not to exceed four (4) years;
(3) relates specifically to the special education program;
(4) does not supersede the administrative jurisdiction of the agency to develop eligibility admission criteria or other administrative aspects of the program or facility; and
(5) is binding on any successor in interest including a consolidation with other public agencies.

511 IAC 7-4-3 Organizational and administrative structures

Sec. 3. (a) Special education programs in the public schools may be provided through a variety of arrangements including, but not limited to, the following:

(1) An individual school corporation.
(2) Two (2) or more school corporations under an approved written agreement.
(3) A transfer tuition agreement.
(4) A contract for certain related services.
(5) A contract for certain educational or related services for early childhood special education.

(b) Two (2) or more school corporations may organize to provide special education under an approved written agreement authorized by:

(1) the Joint Service and Supply Act, IC 20-5-11;
(2) the Special Education Cooperatives Act, IC 20-1-6-20; or
(3) the Interlocal Cooperation Act, IC 36-1-7.

(c) A local public school corporation or a special education planning district may enter into contracts with other public or private agencies for the delivery of special education and related services for students three (3) years of age and four (4) years of age. A contract under this subsection must be approved by the division of special education.

(d) The division of special education shall develop guidelines for contracts authorized under subsection (c).

(e) A special education planning district may enter into contracts with third parties to provide certain related services to students three (3) years of age through twenty-one (21) years of age.

511 IAC 7-4-4 Special education for students in private schools or facilities

Sec. 4. (a) Each special education planning district shall, with regard to any private school or facility within its boundaries:

(1) include the private school or facility in its child identification procedures as specified in 511 IAC 7-10-1;
(2) make available special education and related services to any student enrolled in the private school or facility who is identified as disabled under this article, if such program and services are not normally provided by the private school or facility; and
(3) ensure the due process and procedural safeguards under 511 IAC 7-7 and 511 IAC 7-15 are available to such students.

(b) The special education planning district shall have, in writing and in place, the following procedures:

(1) A procedure to assure the involvement of the private school or facility in the child identification process, including consultation with persons knowledgeable about the students and their needs and how the referral and evaluation procedures are implemented.
(2) A procedure to determine how and where special education or related services will be provided to eligible students.
(3) A procedure to assure personnel from the private school or facility participate in the development, review, and revision of a student's individualized education program by attendance at case conference committee meetings or by individual or conference telephone calls.
(4) A procedure to ensure that the school corporation of legal settlement is responsible for the initiation and conduct of a case conference committee meeting to develop, review, and revise an individualized education program for a student enrolled in a parochial or other private school and receiving special education or related services from the school corporation where the private or parochial school is located.

(c) At the election of the public school corporation, special education and related services may be provided at:

(1) the private school or facility;
(2) the public school; or
(3) at a neutral site.

(d) If services are provided at the public school or a neutral site and transportation is necessary, the public school corporation shall provide transportation.

(e) Programs with joint participation by private and public school students shall not be segregated on the basis of school enrollment or religious affiliation.

(f) Services shall be provided by employees of, or persons contracted by, the public school corporation. Employees of the private school or facility shall not be paid with public funds unless the services are provided outside their regular hours of employment and under public supervision and control.

RULE 5. PROGRAM PLANNING AND EVALUATION

511 IAC 7-5-1 Comprehensive plan

Sec. 1. (a) Each public school corporation shall have on file with the division of special education a comprehensive plan. School corporations operating cooperative or joint special education services shall submit a single comprehensive plan. Local school corporations or special education planning districts entering into contractual agreements as permitted by IC 20-1-6 and 511 IAC 7-4-3(c) shall collaborate with the service provider in formulating a comprehensive plan.

(b) The department of correction, the Indiana state board of health, and the department of mental health shall submit to the state superintendent of public instruction a plan to provide special education in programs administered by those agencies as required by IC 20-1-6.

(c) The state advisory council on the education of children and youth with disabilities shall review each comprehensive plan submitted under subsection (a) and recommend approval or rejection. Each comprehensive plan shall address those areas required by the Indiana state board of education and the state advisory council.

(d) Each special education planning district and specified state agency shall review its comprehensive plan on an annual basis. Proposed modifications shall be submitted to the division of special education for state advisory council review and action.

511 IAC 7-5-2 Program monitoring and approval

Sec. 2. (a) The division of special education shall monitor all public agencies that receive federal and state monies for special education to ensure compliance with and implementation of the mandates of federal and state laws, rules, regulations, and policies regarding the provision of programs, services, protections, and a free appropriate public education to all students with disabilities in Indiana.

(b) The monitoring activities include, but are not limited to, the following:

(1) Complaint investigations.
(2) Data collection and analysis.
(3) State or federal fiscal audits.
(4) On-site reviews of the total special education program on a cyclical or other basis.
(5) On-site reviews of portions of programs to examine one (1) or more issues.
(6) Collection of performance-based accreditation information.
(7) Due process hearing decisions.

511 IAC 7-5-3 Comprehensive system of personnel development

Sec. 3. (a) Each public agency shall have, in writing and in place, a comprehensive system of personnel development that is reviewed and revised on an annual basis. The system shall include, but is not limited to, procedures for the following:

(1) To assure participation of the persons to receive training in the following:
(A) The overall plan for training.
(B) The development, implementation, and evaluation of the training.
(2) To identify needs and establish priorities for inservice training.
(3) To provide training or support opportunities to meet identified needs.
(4) To evaluate the system and the training opportunities provided, both on a short-term and long-term basis.
(5) To disseminate information and promising practices learned from the training to persons both inside and outside the agency.

(b) Each public agency shall establish a personnel development committee that shall meet at least two (2) times per school year to develop, review, and evaluate the agency's personnel development plan and activities.

(c) The membership of the personnel development committee shall consist of at least the following representatives:

(1) A special education teacher.
(2) A general education teacher.
(3) A building-level administrator.
(4) A parent of a student with disabilities.
(5) A paraprofessional.
(6) A related services professional.
(7) Other persons who have regular contact or work with students with disabilities.

RULE 6. GENERAL ADMINISTRATION OF PROGRAMS

511 IAC 7-6-1 Parent and community participation

Sec. 1. (a) Each public agency shall have, in writing and in place, procedures to provide for participation of and consultation with parents of students in special education and other community members.

(b) The public agency may establish, or support the establishment of, a parent advisory council, committee, task force, or group. If such an advisory organization is established, the public agency shall maintain the following information in its records:

(1) The manner in which the membership is determined.
(2) The number and types of persons serving as members.
(3) The role and responsibilities of the advisory organization.
(4) The role and responsibilities of public agency personnel relative to the advisory organization.

511 IAC 7-6-2 Special education program personnel

Sec. 2. (a) Each public school corporation shall employ a licensed director of special education to administer and supervise its special education program according to the following guidelines:
(1) When a school corporation, or two (2) or more school corporations operating under a written agreement to provide special education, employs ten (10) or more professional special education staff members, a full-time director of special education is required.
(2) When a school corporation, or two (2) or more school corporations operating under a written agreement to provide special education, employs fewer than ten (10) professional special education staff members, at least a half-time special education director is required.

(b) Each person employed in a public school special education program in an administrative or supervisory capacity under the direct supervision of a licensed director of special education shall hold a valid Indiana professional instructional license in at least one (1) area of disability for which the person is responsible.

(c) All personnel employed by a public agency to work in a special education program shall be appropriately licensed or certified to provide the services for which the individual is employed or contracted in accordance with standards established by the Indiana state board of education at 511 IAC 10-1 or other applicable licensing and certification bodies.

(d) The public agency shall have on file and in writing the following:

(1) The minimum qualifications required for individuals to be employed as paraprofessionals, including variations for different types of paraprofessionals.
(2) Job descriptions for the types of paraprofessionals employed.
(3) Documentation of training provided to paraprofessionals.

(e) The public agency shall provide paraprofessionals with pre-service and in-service training that includes, but is not limited to, the following:

(1) The role of the paraprofessional related to the role of the licensed person providing supervision or direction.
(2) The specific skills necessary to carry out the assigned responsibilities.
(3) Information on the specific special needs and characteristics of the students with whom the paraprofessional will be working.
(4) Information on special education procedures including the confidentiality of personal information on all students.

511 IAC 7-6-3 School calendar

Sec. 3. The school calendar of the school corporation providing the special education program will be followed when the calendars of the providing school corporation and the corporation of legal residence differ. Unless otherwise provided in the comprehensive plan, the school corporation of legal residence is responsible to provide for transportation necessary to enable students to attend school on days when the providing school corporation is in attendance but the corporation of legal residence is not in attendance.

511 IAC 7-6-4 Facilities

Sec. 4. (a) The public agency shall provide instructional space for students enrolled in special education that is consistent with the students' needs as specified in the students' individualized education programs and the components of the educational program to be provided, including related services.

(b) The public school corporation shall provide instructional space for students enrolled in special education in accordance with the following:

(1) The per student instructional space for students enrolled in full-time, part-time, or resource special education programs is not less than the per student instructional space for general education students of the same chronological age in the same building.
(2) The total instructional space for each program is not less than one hundred fifty (150) square feet exclusive of storage and teacher work area.
(3) The general space and instructional environment for students in full-time, part-time, or resource special education programs is comparable to the general space and instructional environment of the general education students in the same building.
(4) Additional per student instructional space is provided for students whose disabilities require it due to special equipment, assistive devices, or curricular needs.

(c) Under 410 IAC 6-5.1-5(c), except when the school building has a sprinkler system throughout, classrooms for students through the second grade level shall be located in the first story above grade.

(d) Each public school corporation shall include in its disaster plan under 511 IAC 6-2-1 provisions for warning and evacuating students whose disabilities require special warning or evacuation procedures.

(e) Under 511 IAC 2-2-1(H)(4), each public school building shall have a facility for speech, language and hearing therapy that meets the following specifications:

(1) The size is at least one hundred fifty (150) square feet.
(2) The lighting, ventilation, and storage space is adequate.
(3) The walls, ceiling, floors, and doors are acoustically treated.
(4) The surrounding ambient noise level shall not exceed 60 decibels.
(5) The facility is used exclusively for speech, language, and hearing therapy during the time scheduled.

511 IAC 7-6-5 Instructional curricula, materials, equipment, and assistive technology devices and services

Sec. 5. (a) The public agency shall have a written, basic sequential program of instruction or curriculum for full-time special education programs that specifies by age or level the awareness, knowledge, and skills to be addressed. Individualized education programs shall reflect the curricula or sequential program. The curriculum or sequential program may be:

(1) locally developed;
(2) purchased commercially;
(3) adapted or adopted from one produced by another public agency;
(4) an adapted version of the one used for nondisabled students; or
(5) the same curriculum used for nondisabled students, if appropriate.

(b) The public school corporation shall provide to students with disabilities instructional materials comparable to those provided to nondisabled students, including the following:

(1) Textbooks and workbooks that:
(A) are up-to-date;
(B) in sufficient number; and
(C) have required modifications for students with disabilities.
(2) Classroom supplies.
(3) Supplemental materials.

(c) Charges for textbook rental and incidental fees for disabled students are permitted and do not violate the "at no cost" requirement, except where such charges are prohibited by state law.

(d) The public agency shall provide instructional equipment and augmentative or assistive technology devices and services if necessary for a student with unique special needs to participate in the educational program on parity with other students identified as disabled under this article, or nondisabled students, as appropriate. Such equipment, devices and services shall be specified in the individualized education program including, but not limited to, the following:

(1) Auditory training equipment.
(2) Low vision aids.
(3) Communication boards or other devices to enable a student to communicate.
(4) Braille or large print books and materials.
(5) Special devices or adapted equipment to increase a student's mobility in the educational setting and assist in teaching instructional or developmental activities.

(e) The public agency, absent a determination by a student's case conference committee, is not responsible to provide basic equipment for students with orthopedic, visual, or hearing impairments that may be required at home as well as in the educational setting, such as the following:

(1) Wheelchairs.
(2) Braces.
(3) Glasses.
(4) Hearing aids.

(f) The public agency is responsible for maintenance and repair of all equipment and devices provided by the public agency. The public agency shall monitor the maintenance and repair of hearing aids and other equipment used or worn by a student to ensure the equipment is working properly. The public agency is not responsible for the cost of repair or replacement of equipment not purchased by the public agency.

(g) "Assistive technology service" shall include, but not be limited to:

(1) The evaluation of the needs of a student with a disability, including a functional evaluation of the student in the student's customary environment;
(2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities;
(3) Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing or replacing assistive technology devices;
(4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(5) Training or technical assistance for a student with a disability or, if appropriate, that student's family; and
(6) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of students with disabilities.

511 IAC 7-6-6 Transportation

Sec. 6. (a) The public school corporation of residence is responsible for transportation for a student identified as disabled under this article if transportation is necessary for the student to receive special education and related services as specified in the student's individualized education program. Transportation includes travel:

(1) to the educational setting and back;
(2) between educational settings, such as from the school building to the location of community-based instruction;
(3) in and around the educational setting, such as between rooms or between buildings on a multi-building campus;
(4) to and from related services that are provided outside the educational setting; and
(5) for participation in extracurricular activities if transportation is provided to nondisabled students, even when the student is receiving services from a public school corporation other than the student's school corporation of legal residence through agreement between the two (2) school corporations.

(b) Students with disabilities shall be transported with nondisabled students whenever possible. The case conference committee shall consider a student's transportation needs as a related service if the committee determines the student cannot be transported with nondisabled students or needs special assistance or consideration. When transportation needs are determined, consideration will be given to at least the following:

(1) The nature and severity of the student's disability.
(2) The student's physical health.
(3) The age of the student.

(c) Transportation includes any service not provided to nondisabled students including, but not limited to, the following:

(1) Special bus routes.
(2) Special or adapted vehicles.
(3) Aides in attendance.
(4) Separate or different modes of transportation, such as a taxi or personal transportation.
(5) Special equipment, such as oxygen, lifts, and ramps.

(d) Transportation shall be provided as a related service and specified in the student's individualized education program if any of the following circumstances exist:

(1) The student needs assistance moving from place to place within the educational setting, such as between rooms or between buildings on a campus.
(2) The student's educational needs cannot be met in the student's home school and the student is transported to another building in the same school corporation, to another school corporation, or to a state-operated school on a daily basis.
(3) The student is enrolled as a residential student at a state-operated school and requires transportation on weekends and holidays, or in accordance with the student's individualized education program.
(4) The student's special physical health or mobility problems require special consideration for type of transportation, safety, supervision, assistance, or time in transit.
(5) The student's behavior problems require special consideration for type of transportation, safety, supervision, or time in transit.
(6) The student's needs require a shortened instructional day.
(7) The student needs a related service that is provided at a site other than where the student attends school or is provided outside of the instructional day.

(e) Whenever a disabled student's transit time exceeds the transit time of nondisabled students of comparable age in the resident school corporation, the public school corporation of residence shall place a written student-specific justification of the excess transit time in each affected student's record.

(f) Transportation may be provided:

(1) directly by the local school corporation of residence;
(2) directly by the special education planning district or other public agency responsible for the area where the student resides;
(3) by a public transportation agency or private transportation service under a contract with a public agency; or
(4) by the parent under written agreement with the public agency.

(g) A parent of a disabled student shall not be required to provide transportation. If a parent does transport the student under section (f) of this rule, the parent is entitled to reimbursement at no less than the per mile rate at which employees of the public agency are reimbursed.

(h) Under IC 20-1-6, the local school corporation of residence is responsible for the cost of transporting students with disabilities referred to, or placed in, public or private residential facilities by the local school corporation or by the division of special education under 511 IAC 7-12-5. The local school corporation shall pay for not more than seven (7) round trips per student per fiscal year, July 1 through June 30, unless the student's case conference committee determines more trips are needed.

(i) The frequency, length, and timing of home visits shall be mutually agreed upon by the residential facility, the parent, and the school corporation of legal residence. Transportation for the student for home visits shall be arranged to assure the welfare and safety of the student including, if necessary, paying the cost for a responsible adult to accompany the student during the travel.

(j) If a parent travels to the residential facility, that travel may be in lieu of a student home visit. The school corporation of legal residence shall pay the cost for a parent to travel to the residential facility if the case conference committee determines any of the following is essential to the residential student's educational, emotional, or behavioral progress:

(1) The nature or severity of the student's disability precludes home visits.
(2) The residential facility provides family counseling and training essential to the student's future well-being and progress.
(3) The student cannot travel home unaccompanied.

(k) When a parent travels to the residential facility under subsection (j), the local school corporation shall reimburse or pay for travel- associated costs such as lodging and meals according to the policy established for school employees.

(l) At the time a residential placement is made, the school corporation shall:

(1) establish guidelines and procedures concerning transportation; and,
(2) inform the parent of those guidelines and procedures.

(m) The guidelines and procedures established under section (l) of this rule shall include at least the following information:

(1) The modes of transportation for which payment or reimbursement will be made.
(2) The method by which transportation will be paid, such as by school corporation purchase or reimbursement.
(3) The length of advance notice required.
(4) The travel-associated costs allowed under school policy.

511 IAC 7-6-7 Administration of medication

Sec. 7. (a) The public agency shall have a written policy in place regarding the administration of medication that states the following:

(1) No medication shall be administered without the written and dated consent of the parent.
(2) Written consent is valid only for the period specified on the consent form, and in no case longer than the current school or program year.
(3) A physician's prescription, a copy of the original prescription, or the pharmacy label provided by the parent must be on file with the public agency.
(4) Medication shall be maintained in a secure location.
(5) Medication shall be administered in accordance with the physician's prescription.
(6) The parent may, upon request, obtain a copy of the written policy.
(7) If the medication is to be terminated prior to the date on the prescription, the written and dated consent or withdrawal of consent of the parent is required.
(8) The person authorized to administer medication is specified.

(b) The public agency shall document any special training provided to persons authorized to administer medication.

511 IAC 7-6-8 State Assessment Program

Sec. 8. (a) A student identified as disabled under this article is required to participate in the state assessment program and is subject to remediation, retesting, and retention on the same basis as a nondisabled student participating in a state assessment program if:

(1) the student is enrolled in public school or enrolled in a publicly funded school or private school seeking accreditation; and
(2) as determined by the student's case conference committee, the student receives classroom instruction in English/language arts or mathematics that reflects the achievement standards of the grade level in which the student is placed.

(b) When a student requires reasonable adaptation to participate on parity with nondisabled students in the general education classroom, the adaptation shall be made to enable the student to participate in a state assessment program. The case conference committee shall consider the adaptation and document the adaptation on the student's individualized education program, the student's permanent educational record, and on the assessment program answer document. Adaptations include, but are not limited to, the following:

(1) adaptive equipment;
(2) braille;
(3) increased testing time;
(4) large print;
(5) a test assistant to fill in answers indicated by the student on the answer document; and
(6) instructions given in the sign language or the student's predetermined mode of communication.

(c) The case conference committee shall determine whether a student should participate in a state assessment program. A student otherwise exempt from participating in the assessment program may still have an assessment administered for diagnostic purposes.

(d) If the case conference committee determines a student described in subsection (c) should participate in a state assessment program, the case conference committee shall notify the superintendent of the student's school corporation of legal settlement that:

(1) the student should participate, but not be subject to remediation or retention;
(2) the student should participate, but needs reasonable adaptation; or
(3) the student should participate and may be considered for alternate summer programming.

(e) The school corporation shall not include the state assessment program scores of students for whom participation was for diagnostic purposes in the school corporation's overall report to the state.

(f) Disputes arising in the case conference committee concerning a student's participation in a state assessment program may be addressed through a due process hearing.

(g) This section shall apply to any statewide assessment program and any successor assessment to ISTEP.

RULE 7. PRIOR NOTICE

511 IAC 7-7-1 Notice of procedural safeguards

Sec. 1. (a) The public agency shall provide the parent written notice and full explanation of the procedural safeguards under this article prior to:

(1) providing a free appropriate public education to the student; or,
(2) initiating, changing, or refusing to initiate or change the:
(A) identification;
(B) evaluation; or
(C) educational placement of the student.

(b) The notice to the parent shall be:

(1) written in language understandable to the general public;
(2) provided in the native language or other mode of communication used by the parent; and
(3) printed in a format that is easy to read.

(c) When the native language or other mode of communication of the parent is not a written language, the public agency shall have the notice translated orally or by other means.

(d) The public agency shall have a written procedure that describes the steps taken to insure that parents understand the notice of parent rights and procedural safeguards.

(e) The written notice of the procedural safeguards shall be a standard notice approved by the division of special education. The notice must be accompanied by a description of the proposed or refused action and the reasons for it as specified in 511 IAC 7-10-3(c) and 511 IAC 7-12-1.

(f) The written notice of parent rights and procedural safeguards shall include the following information:

(1) The right to an explanation or clarification by public agency personnel regarding any of the procedural safeguards or due process procedures.
(2) The right to a case conference committee meeting to discuss issues or problems related to the student's:
(A) identification;
(B) evaluation;
(C) placement; or
(D) educational program.
(3) The right to meet with public agency personnel or the agency's governing body to discuss issues or problems.
(4) The right to prior written notice a reasonable time in advance of the proposed:
(A) provision of a free appropriate public education to the student; or,
(B) initiation or change, or refusal to initiate or change the student's:
(i) identification;
(ii) evaluation; or
(iii) educational placement.
(5) The option to use mediation to resolve a disagreement, the way to request mediation, and the procedures followed in the mediation process under 511 IAC 7-15-3.
(6) The right of the parent, or any interested party on behalf of the parent or student, to:
(A) file a complaint;
(B) how to file a complaint; and
(C) a description of the complaint process under 511 IAC 7-15-4.
(7) The right to object to the proposed or refused action through a due process hearing before an independent hearing officer, how to request a hearing, and the rights of the parent and the public agency before, during, and after the hearing under 511 IAC 7-15-5 and 511 IAC 7-15-6.
(8) The protection in evaluation procedures under 511 IAC 7-10-3.
(9) The right of the parent to obtain an independent educational evaluation and the right to have the information from that evaluation considered by the case conference committee and at a due process hearing as provided under 511 IAC 7-10-3(j) through 511 IAC 7-10-3(l).
(10) The circumstances under which an independent educational evaluation may be at public expense and the criteria that must be met when an evaluation is at public expense under 511 IAC 7-10-3(j) through 511 IAC 7-10 3(n).
(11) The right of the parent regarding the student's educational records including:
(A) Access.
(B) Inspection.
(C) Fees.
(D) Challenging information.
(E) Amending records.
(F) Parental consent for disclosure, use and destruction under 511 IAC 7-8.
(12) The requirement that each student be placed in the least restrictive environment appropriate to meet the student's individual needs including the continuum of alternatives to be considered under 511 IAC 7-12-2.
(13) The right of the parent to have local access in a convenient place to the following information:
(A) All federal and state laws pertaining to special education.
(B) Public agency policies and procedures pertaining to special education.
(C) The public agency's approved comprehensive plan.
(D) Approved applications.
(E) Final monitoring reports of the public agency.

(g) The public agency shall provide to the parent, upon request, the names and addresses of agencies or organizations which provide assistance with respect to evaluation or placement concerns.

RULE 8. CONFIDENTIALITY OF INFORMATION

511 IAC 7-8-1 Confidentiality policy and procedures

Sec. 1. (a) The public agency shall have in place written policy and procedures regarding how the public agency maintains confidentiality of all educational records collected, maintained, or used under this article. The policy and procedures shall include the following information:

(1) How the parent, or parent's representative, may inspect and review educational records including the procedure the parent must follow to inspect the records.
(2) The circumstances under which the public agency believes it may legitimately deny a request for a copy of those records.
(3) A schedule of fees, if any, to be charged for copies of records.
(4) A list of the types and locations of educational records maintained by the public agency, and the titles and addresses of the officials responsible for the records.
(5) A statement that personally identifiable information will not be released from an educational record without the prior written and dated consent of the parent, except as provided in subsection (l).
(6) A statement indicating whether the public agency has a policy of disclosing personally identifiable information under subsection (l)(1) and, if so, the public agency's criteria for determining:
(A) which parties are school officials; and
(B) what constitutes a legitimate educational interest.
(7) A statement that a record of disclosures will be maintained and that a parent may inspect and review that record.
(8) A list of the types of personally identifiable information the agency has designated as directory information.
(9) A statement that the public agency permits a parent to:
(A) request correction of the student's records in whole or in part;
(B) obtain a hearing to contest information in the student's records; and
(C) add statements to the record as provided in subsections (n) through (o).
(10) A statement that the policy is available to the parent upon request.

(b) A public agency shall permit the parent, or parent's representative, to inspect and review the educational records of the parent's children from birth to eighteen (18) years of age collected, maintained or used by the public agency as described in this rule. All rights under this rule pass to the student and become concurrent with the parent's rights when the student reaches eighteen (18) years of age, unless the student has been adjudicated incompetent.

(c) The public agency shall permit the parent, custodial and non-custodial alike, to inspect and review the student's records unless the public agency has received actual written notice that a court order has terminated or restricted the parent's authority to access the student's records under applicable state law governing matters such as, but not limited to, guardianship, separation, and divorce.

(d) The public agency shall comply with a request from a parent to inspect and review the records:

(1) without unnecessary delay;
(2) before any meeting regarding an individualized education program or due process hearing concerning identification, evaluation, or placement of the student; and
(3) in no case more than forty-five (45) calendar days after the request is made.

(e) The right to inspect and review educational records includes:

(1) The right to explanations and interpretations of the records by the public agency.
(2) The right to receive copies of the records from the public agency if failure to provide those copies would prevent the parent from exercising the right to inspect and review the records.
(3) The right to have a representative of the parent inspect and review the records.
(4) The right to receive a copy of the student's educational record from the public agency for use in a contemplated or pending due process hearing.

(f) The public agency may charge a fee for copies of records, not to exceed actual cost of duplication, that are made for a parent under this rule unless the payment of a fee prevents the parent from exercising the right to inspect and review the records. The public agency may not charge a fee to search for or to retrieve information under this rule.

(g) If an educational record includes information on more than one student, the parent has the right to inspect and review only the information relating to the parent's child, or to be informed of that specific information.

(h) The public agency shall maintain for public inspection a current listing of the names and positions of those employees within the public agency authorized to access personally identifiable information.

(i) The public agency shall keep a record of each access to, and disclosure of, personally identifiable information from the educational record of each student, except when the access or disclosure has been by or to parents or authorized public agency employees. The record shall be kept with the educational record as long as the educational record is kept. The access and disclosure record shall include:

(1) The name of the person gaining access to the record or receiving personally identifiable information from the record.
(2) The date of access or disclosure.
(3) The reason the person is gaining access to the record.

(j) The public agency shall provide the parent upon request a list of the types and locations of educational records collected, maintained or used by the public agency.

(k) Except as specified in subsection (l), written and dated parental consent shall be obtained before personally identifiable information is disclosed to anyone other than the parent or authorized employees of the public agency, or before the information is used for any purpose other than those specified in this rule. The consent shall specify the following:

(1) The records that may be disclosed.
(2) The purpose of the disclosure.
(3) The person or class of persons to whom the records may be disclosed.

(l) The public agency may allow access to, or disclose information from, an educational record without parental consent under any of the following conditions:

(1) The access or disclosure is to authorized public agency employees whom the agency has determined to have legitimate educational interests.
(2) The public agency policy under subsection (a) includes notice that the agency forwards educational records to another public agency in which the student intends to or has enrolled.
(3) The access or disclosure is to federal or state education authorities for audit, evaluation, or accreditation purposes, or for the enforcement of, or compliance with, legal requirements related to federal and state supported education programs.
(4) When a student is enrolled in more than one (1) public agency or receives services from more than one (1) public agency, the agencies involved may disclose to each other information from the student's record.
(5) The access or disclosure is to an organization conducting a study for or on behalf of federal or state education agencies or institutions for any of the purposes listed in this subsection, providing the organization protects the confidentiality of the educational record and destroys all copies in its possession when the record is no longer needed for the purpose for which the study was conducted. Acceptable purposes of studies under this subsection are:
(A) developing, validating, or administering predictive tests;
(B) administering student aid programs; and
(C) improving instruction.
(6) The access or disclosure is necessary to comply with a judicial order or lawfully issued administrative or judicial subpoena, provided the public agency makes a reasonable effort to notify the parent or the eligible student of the order or subpoena in advance of the access or disclosure.
(7) The access or disclosure is to appropriate parties in a health or safety emergency if the disclosure is necessary to protect the health and safety of the student or other individuals.

(m) The public agency shall, upon request, provide the parent with a copy of the information which has been disclosed.

(n) A parent who believes that information in educational records collected, maintained, or used under this rule is inaccurate, misleading, or violates the privacy or other rights of the student may request the public agency that maintains the record to amend the information. The request shall be in writing, dated, and specify the information that the parent believes is inaccurate, misleading, or violates the student's privacy or other rights.

(o) If the public agency agrees to amend the information as requested the public agency shall:

(1) amend the information within ten (10) business days of the date the request is received;
(2) notify the parent in writing that the change has been made; and,
(3) provide a copy of the amended information upon the parent's request.

(p) If the public agency refuses to amend the information as requested, the parent shall be so informed in writing within ten (10) business days of the date the request is received, including notification of the parent's right to a hearing to challenge the information in the student's education record. The parent shall be informed of procedures related to the hearing, including the following:

(1) The parent shall submit a written request for a hearing that specifies the information to be challenged and the reasons the parent believes the information to be inaccurate, misleading, or in violation of the student's privacy or other rights.
(2) The public agency shall convene a hearing within fifteen (15) business days after the request for the hearing is received. The parent shall be provided written notice of the hearing date, time, and location, and the name and title of the hearing officer at least five (5) business days before the hearing.
(3) The hearing may be conducted by any person, including an official of the public agency, who does not have a direct interest in the outcome of the hearing.
(4) The parent shall be given a full and fair opportunity to present evidence relevant to the issues. The parent may, at the parent's expense, choose one (1) or more persons to represent or assist the parent, including an attorney.
(5) The hearing officer shall notify the parent of the hearing decision in writing within ten (10) business days of the date of the hearing. The decision shall be based solely on evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
(6) If the hearing officer determines the information in question is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the public agency shall amend the information accordingly, inform the parent in writing of the amendment, and provide the parent a copy of the amended information if requested.
(7) If the hearing officer determines the information in question is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the public agency shall inform the parent in writing of the right to place in the student's record a statement commenting on the contested information or stating any reasons for disagreeing with the decision.
(8) Statements placed in the record by the parent under subsection (7) shall be kept by the public agency in the student's record as long as the record or contested portion of the record is kept by the public agency. If the student's record or the contested portion is disclosed by the public agency to any party, the parent's statements must also be disclosed by the public agency.
(9) The public agency shall notify the parent of any local process for initiating appeal or review of the hearing officer's decision under this subsection, including the right to seek judicial review in a civil court with jurisdiction.

(q) The public agency shall establish and maintain procedures to protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. These procedures include, but are not limited to, those previously described in this section and:

(1) appointment of one (1) official in each building or administrative office who is responsible to insure the confidentiality provisions of this rule are followed; and
(2) training or instruction regarding the confidentiality provisions of this rule for all persons collecting or using personally identifiable information.

(r) The public agency shall inform the parent in writing when personally identifiable information is no longer needed to provide educational services to the student. The information shall be destroyed at the request of the parent. A permanent record of the student's name, address, telephone number, grades, attendance record, programs and related services provided, and the year the student exited from special education may be maintained without time limitation.

(s) The public agency shall maintain a student's educational record for at least five (5) years after the student exits from the special education program.

(t) A public agency may maintain and store a student's educational record in any manner, provided:

(1) The manner of maintenance and storage does not abridge any rights under this rule.
(2) The educational record can be reviewed and copies made if needed.

RULE 9. EDUCATIONAL SURROGATE PARENTS

511 IAC 7-9-1 Educational surrogate parent policy and procedures

Sec. 1. (a) The public agency shall follow written procedures regarding the appointment of educational surrogate parents that include the following:

(1) How the public agency determines a student is in need of an educational surrogate parent.
(2) A system to identify and appoint educational surrogate parents.
(3) A system for training persons to serve as educational surrogate parents.

(b) The public agency shall insure the rights of a student are protected by appointing an educational surrogate parent under the following circumstances:

(1) A parent, as defined in 511 IAC 7-3-39, cannot be identified.
(2) The whereabouts of the parent are unknown.
(3) After reasonable efforts, the public agency cannot locate the parent.
(4) The student is a ward of the State under the laws of the State.

(c) The public agency shall document that a person assigned as an educational surrogate parent:

(1) is not employed by a public or private agency involved in the education or care of the student;
(2) has no interest that conflicts with the student the surrogate parent represents; and,
(3) matches the student's cultural and linguistic background to the extent possible.
(4) has knowledge and skills that ensure adequate representation of the student.

(d) A foster parent with whom a student has been placed by or through the division of family and children shall be considered the student's parent for purposes of this rule if one (1) of the following conditions exist:

(1) The foster parent has received educational surrogate parent training and the student has resided with the foster parent less than three (3) years.
(2) The student has resided with the foster parent for three (3) consecutive years.
(3) The student has resided with the foster parent for a cumulative total of five (5) years.

(e) An educational surrogate parent may represent the student in all matters relating to:

(1) Identification.
(2) Evaluation.
(3) Educational placement.
(4) Provision of a free appropriate public education.

(f) An educational surrogate parent's representation of a student includes, but is not limited to, the following:

(1) Participating in case conferences, annual case reviews or other parent-teacher conferences.
(2) Granting or denying written permission for evaluation, placement, or change of placement.
(3) Accessing and reviewing the student's educational record.
(4) Requesting mediation, a due process hearing, or filing a complaint.
(5) Exercising any other rights a parent has in behalf of the student under this article.

(g) The public agency shall appoint an educational surrogate parent, if needed:

(1) at the time the student is referred for a preplacement educational evaluation; or
(2) if the student is currently enrolled in special education, at any time the student is determined to be eligible for an educational surrogate parent.

(h) An individual assigned as an educational surrogate parent shall not be liable for damages arising out of any civil action initiated as a result of the individual's discharge of this duty, nor shall an individual be considered an employee solely because the individual receives compensation for serving as an educational surrogate parent.

(i) The public agency may contract with another agency or organization to provide training and develop a pool of educational surrogate parents from which each agency may draw.

(j) For a student in special education over eighteen (18) years of age who has not been adjudicated incompetent, the assignment of an educational surrogate parent shall be in an advisory capacity only.

(k) When a student in special education attends an educational program outside the school corporation of legal residence and is in need of an educational surrogate parent, the corporation of legal residence is responsible to insure an educational surrogate parent is appointed. The surrogate parent may be from the school corporation of legal residence or from the geographic area where the educational program is located, as agreed upon by the administrators of both programs involved.

(l) The public agency shall keep a list of educational surrogate parents from which it makes its appointments. The list shall include the qualifications of each surrogate parent and the number of appointments for each surrogate parent.

RULE 10. IDENTIFICATION AND EVALUATION

511 IAC 7-10-1 Child identification

Sec. 1. (a) The public agency shall have written procedures that ensure the location, identification, and evaluation of all students who:

(1) reside within the jurisdiction of the public agency;
(2) are from birth but less than twenty-two (22) years of age; and
(3) are in need of special education and related services regardless of the severity of their disabilities.

(b) The procedures described under subsection (a) shall include:

(1) Students in public and private agencies and institutions.
(2) A method to determine which students are, and are not, receiving needed special education and related services.

(c) Child identification procedures may be developed and implemented in conjunction with other public or private agencies. The procedures shall include, but are not limited to, the following:

(1) The public agency's referral, evaluation and case conference procedures.
(2) Public awareness and information activities through media such as television, radio, newspapers, oral presentations, and posters, including how a referral may be made to the public agency.
(3) Publication of a notice in newspapers with significant circulation in the public agency's geographic area.
(4) Publication or other informational activities in a non-English format calculated to inform a known population group in the public agency's area whose native language or mode of communication is not English.

(d) Each department of mental health and Indiana state board of health supported or operated program serving infants and toddlers that believes it is serving an infant or toddler that may be eligible at three (3) years of age for early childhood special education services shall transmit that information to the local school corporation of residence eighteen (18) months prior to that child's third birthday, or as soon as possible if the child is enrolled in the program after the age of eighteen (18) months. The information shall include the child's name, the date of birth, and the suspected disability.

(e) With parental consent, at least six (6) months prior to a child's third birthday, the state operated or state supported program shall transmit to the school corporation of legal settlement the following information:

(1) The most recent individualized family service plan. (2) The most recent family service plan report. (3) The most recent evaluation reports from any appropriate sources.

511 IAC 7-10-2 General education intervention procedures

Sec. 2. (a) Each public school corporation shall have a written formal system that provides general education intervention procedures for students whose classroom performance is adversely affecting educational outcomes. The system shall be implemented at the building level and shall include the following:

(1) The criteria to be used by general education teachers, parents, building administrators, specialists, or students to determine the need for interventions for a student.
(2) A procedure to be followed to request formal assistance including the information needed for review of the student's difficulties.
(3) A process to be used to review requests for assistance and design intervention procedures, as appropriate, including the types of personnel to be involved.

(b) The general education intervention procedure shall not preclude or delay an educational evaluation if:

(1) the nature and severity of the student's learning problems, or suspected or known disability are such that general education intervention is considered to be of no benefit; or
(2) the parent has requested an educational evaluation and does not elect to withdraw or hold that request in abeyance.

(c) The date a request for intervention is received by the principal or the principal's designee is the beginning of a twenty (20) instructional day period during which the following shall occur:

(1) The request shall be reviewed by persons designated by the principal or the principal's designee with the student's general education teacher in attendance.
(2) A determination shall be made by those persons whether interventions in the general classroom are appropriate to pursue.
(3) If general education intervention is deemed appropriate, the intervention shall be designed and implemented.
(4) If general education intervention is not appropriate, procedures for obtaining parental consent for an educational evaluation shall be initiated.

(d) School personnel are not required to notify a student's parent that generalized observation of the student in the course of the student's daily school activities prior to or during the implementation of general education intervention procedures by school personnel may or will occur.

(e) The design of the general education intervention strategies shall include specific timelines for implementation in the classroom and the review of the results of those strategies. At the end of the specified period of time, if the interventions have not produced a desirable change in the student's educational progress, one (1) of the following shall occur:

(1) The interventions will be redesigned and implemented for another specified period.
(2) The parent will be asked to consent to an educational evaluation.

(f) The building principal or the principal's designee shall notify the parent in writing prior to the initiation of general education intervention of the following:

(1) The types of interventions to be used and the reasons for the interventions.
(2) The timelines established for implementation and review of the interventions.
(3) The parent's right to meet with the persons involved in the interventions.
(4) The parent's right to initiate a formal request for an educational evaluation.

511 IAC 7-10-3 Educational evaluation

Sec. 3. (a) The public agency shall have in place written procedures regarding preplacement educational evaluations, additional educational evaluations, and re-evaluations, including the following:

(1) A description of the way in which parents, teachers, school administrators, specialists, or the student may pursue or initiate a preplacement educational evaluation, including the designation of the types or positions of school officials authorized to accept referrals and obtain parental consent.
(2) A description of the methods used to assign multidisciplinary teams to conduct educational evaluations.
(3) A description of the procedures used for the required three (3)-year re-evaluations and additional evaluations.

(b) The procedures in this section apply only to evaluation procedures for an individual student to determine the nature and extent of a handicapping condition, if any, and the special education and related services the student may need. These procedures do not apply to basic tests administered to, or procedures used with, all students in a building, grade or class, or those required by state law.

(c) The public agency shall hold a personal meeting with the parent to inform the parent of the public agency's intent to pursue an initial educational evaluation. If the parent is unwilling or unable to attend a personal meeting, the notice shall be mailed to the parent. The information presented verbally and in writing at the personal meeting or by mail must include the following:

(1) A description of the student's learning difficulties and the reasons an educational evaluation is needed.
(2) A description of the evaluation process including proposed assessment techniques and what the tests or evaluation procedures will measure.
(3) For students enrolled in public school programs, a description of attempts to remediate the learning difficulties through general education intervention strategies and why those attempts were not successful.
(4) A timetable for the conduct of the educational evaluation and the convening of the case conference committee meeting.
(5) Other factors relevant to the proposed evaluation.
(6) Written notice of parent rights and procedural safeguards described in 511 IAC 7-7-1(f).

(d) Written parental consent shall be obtained before any individual initial evaluation procedures are conducted. The educational evaluation must be conducted and the case conference committee convened within forty (40) instructional days of the date the designated individual receives the written parental consent. If the request for the educational evaluation was initiated by public agency personnel, a completed, dated, and signed referral for evaluation form and the documentation required in subsection (c)(1) through (c)(3) must already be on file.

(e) If the parent wishes to initiate an educational evaluation, the parent must contact the designated individual and provide written permission for evaluation. The public agency shall follow the procedures in subsection (c) to assure the parent is fully informed and to obtain information on the reasons for the educational evaluation. The educational evaluation must be conducted and the case conference committee convened within forty (40) instructional days of the date the parent provides the written consent.

(f) When referrals for any student from birth but less than twenty-two (22) years of age are made directly to the Indiana School for the Deaf, the Indiana School for the Blind, Silvercrest Children's Development Center, or any other state operated school by other than the designated representative of the student's resident public school corporation the following procedures shall be implemented:

(1) The state-operated school shall refer the person making the contact back to the public school corporation of legal settlement.
(2) The referral, evaluation, and case conference committee meeting described in 511 IAC 7-12-1 shall be the responsibility of the public school corporation of legal settlement.

(g) A comprehensive individual evaluation of a student's needs shall precede any action with regard to the initial identification and placement of a student in special education or denial of special education. The educational evaluation of a student shall be conducted by a multidisciplinary team including at least one (1) teacher licensed in, or other specialist with knowledge in, the area of suspected disability, and a school psychologist, except in the following situations:

(1) For a student with suspected communication disorder only, such as a speech disorder, the speech-language pathologist may serve as the sole evaluator.
(2) For a student with visual or hearing impairments, or suspected multiple handicaps, the public school corporation may elect to request that representatives of the state-operated schools serve as part of the multidisciplinary team.

(h) The public agency shall implement procedures to assure that the tests and other evaluation materials:

(1) are provided and administered in the student's native language or other mode of communication;
(2) have been validated for the specific purpose for which they are used;
(3) are administered by appropriately licensed or trained personnel in conformance with the instructions provided by the producer;
(4) include materials designed to assess specific areas of need and not just those designed to provide a single general intelligence quotient;
(5) when administered to a student with impaired sensory, manual or speaking skills, are capable of yielding results that accurately reflect the student's aptitude or achievement level, or whatever other factors the materials purport to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills, except where these skills are the factors the materials purport to measure; and
(6) are selected and administered so as not to be discriminatory.

(i) The determination of eligibility for special education and an appropriate educational placement must be made on the basis of more than a single test or procedure, or sole criterion. A comprehensive multidisciplinary educational evaluation shall include assessment and information gathering procedures designed to provide information in all areas that may be related to the suspected disability to assist the case conference committee in determining eligibility and the nature and extent of the student's needs. Specific information and procedures required to determine eligibility are described in 511 IAC 7-11.

(j) The public agency shall provide to parents, upon request, information on where an independent educational evaluation may be obtained. The parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, subject to the provisions of subsection (k).

(k) The public agency may initiate a due process hearing to show its educational evaluation is appropriate. If the final hearing decision is that the evaluation obtained by the public agency is appropriate, the parent may still seek an independent evaluation, but at the parent's expense.

(l) If the parent obtains an independent educational evaluation at the parent's expense the results of the evaluation:

(1) shall be considered in any decisions made with respect to the provision of a free appropriate public education to the student; and
(2) may be presented by the parent as evidence at a due process hearing.

(m) If an independent hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation shall be borne by the public agency.

(n) If all or any part of an independent educational evaluation is paid for by the public agency, the criteria under which the evaluation is obtained must be the same that the public agency uses when it initiates an evaluation, including the following:

(1) The location of the evaluation.
(2) The qualifications of the evaluator.

(o) For each student enrolled in special education, a comprehensive, multidisciplinary team re-evaluation shall be conducted at least every thirty-six (36) calendar months or more frequently if conditions warrant or if the student's parent or teacher requests an evaluation. For students enrolled in programs for students with communication disorders only, the speech-language pathologist may be the sole evaluator.

(p) The public agency shall provide the parent of each student due for a re-evaluation with adequate written notice of its intent to conduct the re-evaluation. That notice shall:

(1) be given verbally at the student's annual case review meeting and included in the student's annual case review report the year before the re-evaluation will be conducted; and
(2) provided again in writing no less than twenty (20) instructional days prior to the projected date of the re-evaluation.

(q) The parent may appeal the public agency's proposed re-evaluation; however, unless the parent requests a due process hearing, the re-evaluation shall proceed as scheduled without written parental consent.

(r) Within twenty (20) instructional days after the re-evaluation, the public agency shall provide the parent written notice that the re-evaluation was conducted. Contingent upon the results of the re-evaluation, the parent must also be advised of one (1) of the following:

(1) A case conference committee meeting will be convened by the public agency to discuss the results of the re-evaluation and review the student's eligibility for special education and the student's current educational program as recorded in the student's individualized education program.
(2) The parent's right to request that a case conference committee be convened and the right to meet with a representative of the public agency.
(3) Unless otherwise requested by the public agency or the parent, the re-evaluation results will be reviewed at the next annual case review meeting.

(s) No student shall be denied a free appropriate public education as a result of a public agency's inability to obtain parental consent for preplacement evaluation or placement.

RULE 11. ELIGIBILITY CRITERIA

511 IAC 7-11-1 Autism

Sec. 1. (a) Autism:

(1) is a lifelong developmental disability;
(2) is characterized by impairments in:
(A) communication,
(B) learning, and
(C) reciprocal social interaction; and
(3) typically becomes evident in infancy or early childhood.

(b) Eligibility for special education shall be determined by the case conference committee based on, but not limited to, the following information:

(1) An individual standardized multifactored test of learning capability that includes a nonverbal psychological measurement.
(2) An assessment of academic strengths and weaknesses and present levels of academic functioning.
(3) An adaptive behavior evaluation.
(4) A communication evaluation by a licensed speech-language pathologist assessing receptive, expressive, and social communication skills.
(5) A social history which includes family and cultural background information relevant to the suspected disability and the nature and extent of the student's learning difficulties.
(6) A developmental history which includes communication, social interaction, play, sensory development, and physical milestones to determine onset during infancy or early childhood.
(7) An evaluation of fine and gross motor skills.
(8) A completed checklist of characteristics exhibited by students with autism as described in subsection (d).

(c) At least eight (8) of the sixteen (16) characteristics listed in subsection (d) must be exhibited by a student in order to be eligible for special education. The criterion is met only if the characteristic is abnormal for the student's developmental level. The term does not apply if a student's educational performance is adversely affected primarily because the student has an emotional handicap as defined in this rule.

(d) The following list of characteristics are referred to in subsection (c):
(1) Qualitative impairment in reciprocal social interaction as manifested by at least two (2) of the following:
(A) Marked lack of awareness of the existence of feelings of others.
(B) Abnormal or no seeking of comfort at times of distress.
(C) Impaired or no imitation.
(D) Abnormal or no social play.
(E) Gross impairment in ability to make peer friendships.
(2) Qualitative impairment in verbal and nonverbal communication and imaginative activity as manifested by at least one (1) of the following:
(A) No mode of communication.
(B) Markedly abnormal nonverbal communication.
(C) Absence of imaginative activity.
(D) Marked abnormalities in the production of speech.
(E) Marked abnormalities in form of content of speech including the following:
(i) Stereotyped and repetitive speech.
(ii) Pronominal reversal.
(iii) Idiosyncratic use of words or phrases.
(iv) Frequent irrelevant remarks.
(3) Markedly restricted repertoire of activities and interests as manifested by at least one (1) of the following:
(A) Stereotyped body movements.
(B) Persistent occupation with an object or parts of objects.
(C) Persistent attachment to unusual objects.
(D) Marked distress over trivial changes.
(E) Unreasonable insistence on following routines.
(F) Marked restricted range of interests.

(e) Teachers and related services personnel serving students with autism shall receive specialized inservice training in this area.

511 IAC 7-11-2 Communication disorder

Sec. 2. (a) A communication disorder is characterized by one (1) or more of the following disorders that adversely affect educational performance:

(1) Articulation disorders that are incorrect productions of speech sounds including:
(A) omissions;
(B) distortions;
(C) substitutions; or
(D) additions.
(2) Fluency disorders that are disruptions:
(A) in the rate or rhythm of speech;
(B) that occur frequently; and
(C) that are markedly noticeable to the student or the listener.
(3) Voice disorders that are abnormal productions of:
(A) pitch;
(B) intensity;
(C) resonance; and
(D) quality. (4) Language disorders that are impairments in the comprehension or expression of spoken or written language including impairments in one (1) or more components of a language system such as: (A) language/auditory processing;
(B) word retrieval;
(C) phonology;
(D) morphology;
(E) syntax;
(F) semantics; or
(G) pragmatics.
(5) A severe communication deficit which may require the use of an augmentative communication system such as:
(A) gestures;
(B) sign language;
(C) picture/word/sentence communication books or boards;
(D) electronic devices; or
(E) any other system.

(b) Eligibility for special education shall be determined by the case conference committee based on an evaluation conducted by a licensed speech-language pathologist. The evaluation must consist of at least two (2) evaluation procedures designed to measure the nature and extent of the communication disorder.

(c) The communication disorder must be nonmaturational in nature and may be the result of organic or nonorganic causes. If an organic cause is suspected, a statement shall be obtained from a physician with an unlimited license to practice medicine describing the student's medical needs and any consequent limitations to communication training.

(d) Communication disorders may range from mild to severe. A communication disorder may be the primary disability or may be secondary to other disabilities.

(e) Students with hearing impairments or learning disabilities who have language deficits or auditory processing difficulties are not eligible for services designed solely for students with communication disorders in lieu of a program or services designed for students with hearing impairments or learning disabilities.

(f) A student is not eligible for speech-language therapy solely because the student's native language is not English. Bilingual or multilingual speakers include students whose speech or language patterns deviate from those of standard English, and are characteristic of dialectical differences. A bilingual or multilingual student may be enrolled in speech-language therapy only if the disorder is exhibited in all languages spoken by the student.

(g) Services for students with communication disorders shall be provided by a licensed speech-language pathologist. Services related to hearing screening and monitoring may be provided by an educational audiologist.

511 IAC 7-11-3 Dual sensory impairment

Sec. 3. (a) A dual sensory impairment:

(1) is a concomitant hearing and visual impairment;
(2) causes severe communication and other developmental and educational problems; and,
(3) cannot be accommodated by programs or services solely for students with hearing impairments or visual impairments.

(b) Students with dual sensory impairments represent a heterogeneous group that includes the following:

(1) Those who are both deaf and blind with acuities measured or estimated with consideration of intellectual and adaptive functioning and supported by a description of pathology.
(2) Those with hearing and visual impairments of a mild to severe degree with additional learning or language disabilities that result in the need for special services and who may have been diagnosed as having a degenerative pathology or a disease which will affect visual or hearing acuity.
(3) Those with severe multihandicaps due to generalized central nervous system dysfunction, who exhibit auditory and visual impairments or deficits in auditory-visual functioning, and who may demonstrate inconclusive responses during hearing and vision evaluations or inconsistent responses to auditory and visual stimuli in the environment.

(c) Eligibility for special education shall be determined by the case conference committee based on the following:

(1) An individual standardized multifactored test of learning capability that:
(A) utilizes instruments designed or adapted for use with students with dual sensory impairments; and
(B) is administered by a professional knowledgeable in at least one (1) of the impairments.
(2) An assessment of academic strengths and weaknesses and present level of educational performance.
(3) A social and developmental history.
(4) A communication evaluation conducted by a licensed speech-language pathologist.
(5) An assessment of fine and gross motor skills.
(6) An adaptive behavior evaluation.
(7) An assessment of orientation and mobility.
(8) An observation of the student in the educational setting or other setting appropriate to the student.
(9) A written report of the appropriate medical information from:
(A) an optometrist or ophthalmologist; and,
(B) an otologist or otolaryngologist.

(d) The case conference committee shall develop an individualized education program and may recommend that a student with suspected or confirmed dual sensory impairments be placed in a state operated school for a diagnostic-teaching evaluation providing the student is eligible for the placement based on the specific admission criteria of the state-operated school.

511 IAC 7-11-4 Early childhood

Sec. 4. (a) Eligibility for early childhood special education services provided or supported by a local public school corporation shall be limited to students three (3) through four (4) years of age identified as disabled under this article. Five (5)-year-old students with disabilities are also eligible for early childhood special education services if determined appropriate by the case conference committee.

(b) Eligibility for early childhood special education shall be determined by a case conference committee on the basis of a multidisciplinary educational evaluation. The multidisciplinary evaluation team includes, but is not limited to, the following members:

(1) A school psychologist.
(2) A teacher licensed in the area of the suspected disability or a specialist with knowledge and expertise in young children with disabilities.
(3) The parent or primary caregiver of the child.
(4) Medical and therapeutic professionals as appropriate.

(c) The evaluation data must include the following:

(1) An individually administered, standardized assessment including norm-referenced or criterion-referenced instruments.
(2) A developmental and social history.
(3) A systematic observation of the child in a daily routine setting or other appropriate setting by an appropriate professional.
(4) Additional evaluation data specific to the suspected disability as described in this rule.

511 IAC 7-11-5 Emotional handicap

Sec. 5. (a) An emotional handicap is an emotional condition that, over a long period of time and to a marked degree, consistently interferes with a student's learning process. Emotional conditions include, but are not limited to, the following:

(1) A tendency to develop physical symptoms or fears associated with personal or school problems.
(2) A general pervasive mood of unhappiness or depression.
(3) An inability to learn that cannot be explained by intellectual, sensory, or health factors.
(4) An inability to build or maintain satisfactory interpersonal relationships.
(5) Inappropriate behaviors or feelings under normal circumstances.

(b) Eligibility for special education shall be determined by the case conference committee based on the following;

(1) An individual standardized multifactored test of learning capability.
(2) An assessment of academic strengths and weaknesses and present levels of academic functioning.
(3) A behavior/emotional evaluation conducted by a licensed clinical, child or school psychologist that documents coping skills and emotional functioning.
(4) A social and developmental history.
(5) Systematic observation of the student in the general education classroom or other appropriate setting that records the nature and incidence of behaviors leading to the referral for evaluation.
(6) Documentation of interventions attempted to make behavioral and academic achievement possible in the general education setting and the effects of such interventions.
(7) Documentation of conferences, or attempts to conference, with the parent and appropriate school personnel concerning the student's specific problems.
(8) Documentation of support services such as counseling or psychological (non-testing) services which have been provided by the local public school or other agencies.
(9) Evidence that the student, after receiving supportive general education assistance, still exhibits a disability consistent with the definition.
(10) Evidence that the disability is not the result of a physical, sensory, or intellectual deficit.
(11) Evidence that the student's learning process is consistently and significantly disrupted.

(c) The public school shall provide adequate notice of and an invitation to a mental health professional from the local community mental health center to participate in the case conference committee meeting for a student suspected of having an emotional handicap.

511 IAC 7-11-6 Hearing impairment

Sec. 6. (a) A hearing impairment is a hearing loss that:

(1) with or without amplification adversely affects educational performance and developmental progress;
(2) may be permanent or fluctuating;
(3) may be mild to profound in nature;
(4) may be unilateral or bilateral; and
(5) may also be referred to as hard of hearing or deaf.

(b) Eligibility for special education shall be determined by the case conference committee based on information including, but not limited to, the following:

(1) A written report of an otological examination by an otologist or an otolaryngologist.
(2) A written report of an audiological examination by an educational audiologist or clinical audiologist licensed by the State of Indiana.
(3) An individual standardized multifactored test of learning capability utilizing instruments designed for individuals with hearing impairments and conducted by a professional knowledgeable in the area of hearing impairments.
(4) An assessment of academic strengths, weaknesses, and present level of academic functioning.
(5) A social and developmental history.
(6) A communication evaluation conducted by a licensed speech-language pathologist.

(c) To be eligible for special education, a student must exhibit one (1) of the following:

(1) An average pure tone hearing loss of approximately fifty (50) decibels or greater, for the frequencies five hundred (500), one thousand (1,000), and two thousand (2,000) hertz in the better ear.
(2) An average pure tone hearing loss of twenty-five (25) decibels or greater for the frequencies of five hundred (500), one thousand (1,000), and two thousand (2,000) hertz in the better ear that has an adverse effect upon the student's educational performance related to:
(A) documented evidence of a more severe hearing loss during the developmental years than is currently measured;
(B) a history of chronic medical problems that have resulted in fluctuating hearing now or in the past; or,
(C) a delay in diagnosis, provision of amplification, or initiation of special programming.
(3) A hearing loss in excess of twenty-five (25) decibels for the frequencies of one thousand (1,000) hertz through eight thousand (8,000) hertz in the better ear, resulting in such poor auditory discrimination that it has an adverse effect upon the student's educational performance.
(4) A unilateral hearing loss which adversely affects educational performance to the extent that the case conference committee determines the student to be eligible for special education.

(d) Student-specific factors considered by the case conference committee in determining an appropriate placement include, but are not limited to, the following:

(1) Age at the onset of the hearing loss.
(2) The nature and degree of hearing loss.
(3) The potential use of residual hearing.
(4) Academic level and learning styles.
(5) Communication and linguistic needs.
(6) Social and emotional needs.
(7) Ability to function in the educational setting with appropriate related services.

(e) Students with hearing impairments shall be educated in programs provided by the public school unless the case conference committee, after determining eligibility and developing an individualized education program, determines that placement at the Indiana School for the Deaf is the appropriate least restrictive placement.

(f) Audiological evaluations shall be conducted annually for all students with hearing impairments enrolled in special education.

(g) Related services for students with hearing impairments may include, but are not limited to, manual or oral educational interpreters, personal FM auditory trainers, notetakers and notetaking paper, and assistive devices such as closed caption machines.

511 IAC 7-11-7 Learning disability

Sec. 7. (a) A learning disability:

(1) is characterized by severe specific deficits in perceptual, integrative, or expressive processes that severely impair learning efficiency; (2) includes conditions referred to, or previously referred to as:
(A) perceptual handicaps;
(B) brain injury;
(C) minimal brain dysfunction;
(D) dyslexia; and
(E) developmental aphasia;
(3) may be manifested in disorders of:
(A) listening;
(B) thinking;
(C) talking;
(C) reading;
(D) writing;
(E) spelling; or
(F) arithmetic; and
(4) does not include learning problems due primarily to:
(A) visual impairment;
(B) hearing impairment;
(C) orthopedic impairment;
(D) mental handicap;
(E) emotional handicap; or
(F) environmental, cultural, or economic disadvantages.

(b) The criteria for determining eligibility for special education shall be a severe discrepancy between the student's academic achievement and normal or near normal potential. The severe discrepancy must be exhibited in at least one (1) of the following areas:

(1) Basic reading skills.
(2) Reading comprehension.
(3) Written expression.
(4) Expressive language.
(5) Mathematical reasoning.
(6) Mathematical calculation.
(7) Listening comprehension.

(c) The multidisciplinary evaluation team for a student with a suspected learning disability shall include the student's general education teacher or, if the student does not have a general education teacher, a general education teacher qualified to teach students of the same age.

(d) Eligibility for special education shall be determined by the case conference committee based on the following information:

(1) An individual standardized multifactored test of learning capability.
(2) An assessment of academic strengths, weaknesses, and present levels of academic functioning.
(3) An observation of the student's academic performance in the general education classroom by a team member other than the student's general education teacher or, if the student is less than school age or not in school, in an environment appropriate for a student of that age.
(4) Any educationally relevant medical information.
(5) A social and developmental history.
(6) A written report of the results of the multidisciplinary evaluation.

(e) A written report of the results of a multidisciplinary evaluation team shall be presented to the case conference committee and shall include the following information:

(1) A statement indicating whether the multidisciplinary evaluation team believes the student has a specific learning disability and the basis for making that determination.
(2) The relevant behavior noted during the observations and the relationship of that behavior to the student's academic functioning.
(3) Any educationally relevant medical findings.
(4) Whether there is a severe discrepancy between achievement and ability which is not correctable without special education and related services.
(5) The determination of the team concerning the effects of environmental, cultural, or economic disadvantages.
(6) Written certification by each team member whether the report reflects the team member's conclusions and, if not, a separate statement giving that team member's conclusions.

511 IAC 7-11-8 Mental handicap

Sec. 8. (a) A mental handicap:

(1) is demonstrated by significant below average general intellectual functioning existing concurrently with deficits in adaptive behavior;
(2) is manifested during the period from birth through age eighteen (18); and
(3) adversely affects educational performance.

(b) Eligibility for special education shall be determined by the case conference committee based on the following:

(1) An individual standardized multifactored test of learning capability.
(2) An assessment of academic strengths, weaknesses, and present levels of academic performance.
(3) An adaptive behavior evaluation.
(4) A social and developmental history.

(c) A student with a mild mental handicap will:

(1) generally exhibit measured intelligence two (2) or more standard deviations below the mean or average of the testing instrument used; and
(2) usually exhibit an adaptive behavior profile within the range of a mild mental handicap.

(d) The student with a moderate mental handicap will:

(1) generally exhibit measured intelligence three (3) or more standard deviations below the mean or average of the testing instrument used; and
(2) usually exhibit an adaptive behavior profile within the range of a moderate mental handicap.

(e) The student with a severe mental handicap will:

(1) generally exhibit measured intelligence four (4) or more standard deviations below the mean or average of the testing instrument used; and
(2) usually exhibit an adaptive behavior profile within the range of a severe mental handicap.

(f) The case conference committee shall consider specific areas of educational need in making the eligibility and placement determination rather than a single general intelligence quotient.

511 IAC 7-11-9 Multiple handicap

Sec. 9. (a) A multiple handicap is two (2) or more disabilities interacting and resulting in learning needs so complex that a single disability cannot be identified as primary. The term does not include dual sensory impairments.

(b) Eligibility for special education shall be determined by the case conference committee based on at least the following information:

(1) An individual standardized multifactored test of learning capability.
(2) An assessment of academic strengths, weaknesses, and present levels of academic functioning.
(3) An evaluation of adaptive behavior.
(4) A social and developmental history.

(c) The following information shall also be part of the multidisciplinary educational evaluation as appropriate to the nature of the suspected multiple handicap:

(1) A communication evaluation by a licensed speech-language pathologist.
(2) An observation of the student's behavior in the educational environment or, if the student is not in school, in an environment appropriate for a student of that age.
(3) A written report of a medical evaluation.
(4) An evaluation of gross and fine motor skills.

(d) The multidisciplinary evaluation team shall prepare a written report that includes the following information:

(1) A statement indicating whether the student has two (2) or more disabilities so complex and interacting that a single disability cannot be identified as primary, and the basis for making that determination.
(2) Written certification by each team member whether the report reflects the team member's conclusions and, if not, a separate statement representing that team member's conclusions.

(e) The case conference committee shall develop an individualized education program and may recommend that a student with suspected or confirmed multiple handicaps be placed at the Silvercrest Children's Development Center for a diagnostic-teaching evaluation provided the student is eligible for such placement based on the specified admission criteria.

511 IAC 7-11-10 Orthopedic impairment

Sec. 10. (a) An orthopedic impairment is a physically disabling condition which is determined to be a serious impairment of a student's locomotion or motor functions, and which adversely affects educational performance. The term may include impairments caused by congenital anomaly, disease such as muscular dystrophy, or impairments from other causes such as cerebral palsy, amputations, and fractures or burns that cause contractures.

(b) Eligibility for special education shall be determined by the case conference committee based on the following information:

(1) An individual standardized multifactored test of learning capability.
(2) An assessment of academic strengths, weaknesses, and present levels of academic functioning.
(3) A social and developmental history.
(4) Available medical background including a written diagnostic statement by a physician with an unlimited license to practice medicine describing the orthopedic impairment.
(5) An evaluation of adaptive behavior.
(6) Assessments of fine and gross motor skills and communication skills as necessary.

511 IAC 7-11-11 Other health impairment

Sec. 11. (a) An "other health impairment" is one which adversely affects a student's educational performance and is manifested by limited strength, vitality, or alertness due to chronic or acute health problems.

(b) Eligibility for special education shall be determined by the case conference committee based on the following information:

(1) An individual standardized multifactored test of learning capability.
(2) An assessment of academic strengths, weaknesses, and present levels of academic functioning.
(3) A social and developmental history.
(4) Available medical background including a written diagnostic statement by a physician with an unlimited license to practice medicine describing the other health impairment.
(5) An evaluation of adaptive behavior.
(6) Assessments of fine and gross motor skills and communication skills as necessary.

511 IAC 7-11-12 Traumatic brain injury

Sec. 12. (a) A "traumatic brain injury" is an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as:

(1) cognition;
(2) language;
(3) memory;
(4) attention;
(5) reasoning;
(6) abstract thinking;
(7) judgment;
(8) problem-solving;
(9) sensory, perceptual and motor abilities;
(10) psychosocial behavior;
(11) physical functions;
(12) information processing; and
(13) speech.

The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.

(b) Eligibility for special education shall be determined by the case conference committee based on the following information:

(1) An individual standardized multifactored test of learning capability.
(2) An assessment of academic strengths, weaknesses, and present levels of academic functioning.
(3) A social and developmental history.
(4) Available medical background including a written diagnostic statement by a neurologist or a physician with an unlimited license to practice medicine describing the extent of the traumatic brain injury.
(5) An evaluation of adaptive behavior.
(6) Assessments of fine and gross motor skills and communication skills as necessary.

511 IAC 7-11-13 Visual impairment

Sec. 13. (a) A visual impairment is a vision loss that, even with best correction, adversely affects educational performance. The term includes the descriptions in subsections (b) through (c).

(b) A student is considered blind when the student cannot successfully utilize vision as a primary channel for learning and exhibits such a low degree or amount of visual acuity or visual field that vision is not considered as a primary mode of learning.

(c) A student with low vision exhibits a reduced visual acuity or limited visual field that inhibits optimal processing of information through the visual modality and generally requires modifications or specialized materials to enable the student to benefit from the educational program.

(d) Eligibility for special education shall be determined by the case conference committee based on the following information:

(1) A written report of an evaluation by a licensed ophthalmologist or optometrist.
(2) An individual standardized multifactored test of learning capability utilizing instruments designed or adapted for individuals with visual impairments and administered by a professional with knowledge in the area.
(3) An assessment of academic strengths, weaknesses and present levels of academic functioning.
(4) A social and developmental history.
(5) An evaluation of adaptive behavior.
(6) Observation of the student in the classroom or, if the student is not in school, in an environment appropriate to the student's age, by an individual knowledgeable in the area of visual impairment.

(e) The written report by a licensed ophthalmologist or optometrist shall include the following information:

(1) Etiology and prognosis of the visual dysfunction.
(2) Secondary or accompanying visual conditions such as nystagmus or photophobia.
(3) Diagnosis and proposed treatment regimen.
(4) Near/distance and corrected/uncorrected acuity measures for left, right, and both eyes.
(5) Measures of visual fields for both eyes, if appropriate.
(6) Recommendations for use of aids, glasses, or lighting requirements.

(f) Student-specific factors considered by the case conference committee in determining an appropriate placement include, but are not limited to, the following:

(1) Age and onset of the vision loss.
(2) The nature and degree of vision loss.
(3) The potential use of residual vision.
(4) Academic functioning and learning styles.
(5) Large print or braille needs.
(6) Social and emotional needs.
(7) Ability to function in the educational setting with appropriate related services.

(g) Students who have been identified as visually impaired shall be educated in programs provided by the public school unless the case conference committee, after determining eligibility and developing an individualized education program, determines that placement at the Indiana School for the Blind is the appropriate least restrictive placement.

RULE 12. EDUCATIONAL PLACEMENT

511 IAC 7-12-1 Case conference and annual case review

Sec. 1. (a) The public agency shall have in place written procedures it follows to assure the appropriate implementation of the case conference process to develop, review, or revise a student's individualized education program and determine appropriate educational placement, including the following:

(1) A description, by title and position, of the individuals designated as, or who may serve as, coordinators or chairpersons of a case conference committee, and their roles and responsibilities before, during, and after the conference.
(2) A description of the methods used to assure the parent is provided with adequate notice of the conference.
(3) A description of the methods used to assure the parent is fully informed prior to giving or denying permission for the proposed placement.
(4) A description of the methods used to assure the parent understands the proceedings at the case conference committee meeting.

(b) The parent shall be given adequate notice of the case conference committee meeting in the parent's native language or other mode of communication, as necessary. The public agency must keep a record of attempts to arrange the meeting at a mutually agreed upon date, time, and place. This record may include, but is not limited to, the following information:

(1) Detailed records of individual or conference telephone calls made or attempted and the results of the calls.
(2) Copies of correspondence sent to the parent and any responses received.
(3) Detailed records of visits made to the parent's home or place of employment and the results of the visits.

(c) The parent shall be notified of the meeting early enough to ensure that one (1) or both parents have the opportunity to attend. The meeting shall be scheduled at a mutually agreed upon time and place.

(d) The notice of the meeting shall include the following:

(1) The date, time, and place of the meeting.
(2) The purpose of the meeting.
(3) A listing, by name and title or position, of the expected participants and the proposed case conference chairperson.
(4) Notice that the parent may bring any other individuals of the parent's choosing, including the student, or request the participation of other individuals.
(5) A listing of the collected data to be discussed.
(6) If the purpose of the meeting is the consideration of transition services for the student, the notice shall specify this purpose, indicate that the public agency will invite the student to participate, and identify any other agency that will be invited to send a representative.

(e) Except as provided in subsection (f), the case conference committee or annual case review committee shall include the following members:

(1) A representative of the public agency, other than the student's teacher, who is qualified to provide or supervise the provision of special education and who has the authority to commit public agency resources.
(2) One (1) or more of the student's current teachers or, for a new student, a teacher licensed in the area of the suspected disability.
(3) The student's parent, unless the parent chooses not to participate.
(4) The student, if deemed appropriate by the parent, unless the purpose of the meeting is the consideration of transition services, in which case the student shall be invited. If the student does not attend, the public agency shall take other steps to ensure that the student's preferences and interests are considered.
(5) The student, if the student is at least eighteen (18) years of age and has not been adjudicated incompetent.
(6) Other individuals at the discretion of the parent or the public agency, unless the purpose of the meeting is the consideration of transition services, in which case a representative of any other agency likely to be responsible for providing or paying for transition services shall be invited. If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain the participation of the other agency in the planning of any transition services.
(7) At least one (1) member of the multidisciplinary evaluation team or some other person knowledgeable about the evaluation procedures used and familiar with the evaluation results if the student was evaluated for the first time.
(8) A representative of a state-operated school who is authorized to make a recommendation regarding placement in that program, if applicable.

(f) The case conference or annual case review committee for a student suspected of having a communication disorder only, or who is already in a program for students with communication disorders only, shall consist of at least the following members:

(1) A speech-language pathologist.
(2) The student's parent, unless the parent chooses not to participate.
(3) One (1) or more of the student's general education teachers, or the building principal, or the principal's designee.
(4) The student, if deemed appropriate by the parent, unless the purpose of the meeting is the consideration of transition services, in which case the student shall be invited. If the student does not attend, the public agency shall take other steps to ensure that the student's preferences and interests are considered.
(5) The student, if the student is at least eighteen (18) years of age and has not been adjudicated incompetent.
(6) If the purpose of the meeting is the consideration of transition services, a representative of any other agency likely to be responsible for providing or paying for transition services shall be invited. If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain the participation of the other agency in the planning of any transition services.

(g) A case conference committee shall convene:

(1) within forty (40) instructional days of the date when written parental consent for an initial or additional educational evaluation is received as provided in 511 IAC 7-10-3;
(2) at least annually for all students enrolled in special education;
(3) upon the request of a teacher, administrator, or parent;
(4) if a change of placement is being proposed or considered;
(5) when a student who has been receiving special education elsewhere moves into the geographic jurisdiction of the public agency; or,
(6) to determine whether a causal relationship exists in the event of a proposed disciplinary action which may affect the educational services provided to the student.
(7) If transition services are initially discussed at a case conference committee meeting that does not include the student, the public agency is responsible for ensuring that, before a decision about transition services for the student is made, a subsequent case conference committee meeting is conducted for that purpose and the student is invited to the meeting.

(h) Annual case reviews for school age students with disabilities in state operated schools and state supported, state operated residential facilities shall include representatives of those programs, the local public school corporation providing the special education program, if applicable, and the public school corporation of each student's legal residence.

(i) The public agency shall do whatever is necessary to ensure the parent understands the proceedings of the meeting, such as arranging for an interpreter for a parent who is deaf or whose native language is not English.

(j) The case conference committee shall address, as appropriate to the purpose of the meeting, the following items:

(1) Information from the following:
(A) The multidisciplinary evaluation team members.
(B) The student's teachers.
(C) Other specialists.
(D) Administrators.
(E) The parents.
(2) The nature and extent of the student's disability and the student's eligibility for special education and related services.
(3) If the student is eligible for special education and related services, the development, review, or revision of an individualized education program encompassing goals and objectives in all areas of identified need.
(4) Alternatives for possible placement in conformity with the least restrictive environment provisions of this article.
(5) The appropriate educational placement and the related services to be provided.

(k) The case conference committee shall, as appropriate, develop, review, or revise an individualized education program that shall be in effect prior to the actual placement and which must include the following:

(1) The student's present levels of educational performance in academic and non-academic areas that specify the effect of the disability on the student's performance.
(2) Annual goals that describe what the student can be expected to accomplish within a twelve (12) month period.
(3) Short-term instructional objectives designed to meet each annual goal.
(4) The specific special education placement and related services to be provided including the length, frequency, and type of services and modifications to be made to the general education program, if applicable.
(5) The extent to which the student will be able to participate in the general education program including non-instructional, non-academic, and extracurricular activities for which the student is eligible.
(6) The projected dates for initiation of services and anticipated duration of services.
(7) Objective criteria and evaluation procedures and a schedule for determining, at least on an annual basis, whether the short-term instructional objectives are being achieved.
(8) The projected year and month in which the student will be re-evaluated.
(9) A statement of necessary transition services in the form of an individualized transition plan, as described at 511 IAC 7-13-4.
(10) For students in early childhood special education programs, objectives for parents to implement in the home may be included.
(11) Documentation regarding whether the case conference committee considered the possible need for extended school year services.

(l) The public agency shall keep in the record of each student receiving special education or related services an individualized education program that is no more than twelve (12) months old.

(m) The public agency shall prepare a written report of the case conference committee meeting that shall include, but is not limited to, the following information:

(1) The date and purpose of the meeting, and the names and titles of the participants.
(2) A description of each evaluation procedure, test, record or report used as a basis for the placement determination.
(3) An individualized education program including all components specified in subsection (k) if the student is in need of special education and related services, which may be attached to the report rather than in the body of the report.
(4) The reasons for the placement determination including a description of any options considered and why those options were rejected.
(5) Other factors relevant to the proposed placement or denial of placement such as information and justification if the amount of daily instructional time is less than that provided to nondisabled students of the same age.
(6) Written opinions, if any, that may be attached to the report rather than in the body of the report.
(7) A description of the action proposed, such as recommendation for placement or denial of placement.

(n) The public agency shall provide the parent with written notice of the proposed placement or denial of placement. That notice shall include the following:

(1) Written notice of the parent's rights and procedural safeguards described in 511 IAC 7-7-1(f).
(2) a copy of the written report of the meeting described in subsection (m).

(o) The notice of the proposed action and written report may be presented at the time of the meeting, but no later than ten (10) instructional days following the meeting.

(p) The public agency shall obtain written consent from the parent prior to initial special education placement or change of placement. The consent may be obtained at the time of the case conference or annual case review if the following conditions are met:

(1) The public agency representative at the meeting has the authority to act on behalf of the public agency and can commit the public agency's resources at that time.
(2) The parent is prepared to make a decision and is informed of the right to request a case conference be convened at any time.
(3) If applicable, the representative of a state-operated school is authorized to make a placement recommendation.
(4) The parent is informed that written consent may be revoked.

(q) The public agency is responsible to prepare the form for the written consent for placement or change of placement. The format of the consent may be incorporated in an existing document or developed as a separate document, and must include space for at least the following:

(1) The parent's signature.
(2) The date of the parent's signature.
(3) The specific placement recommendation.
(4) An indication of approval or denial of approval regarding the proposed action.
(5) A statement the parent has been provided a copy of the Notice of Parent Rights and has had an opportunity to have those rights explained.

(r) Except as provided in subsection (s), the proposed placement may be implemented as soon as the necessary arrangements are completed, but in no case more than fifteen (15) instructional days from the date consent for the placement is obtained.

(s) If the proposed placement date is within the last twenty (20) instructional days of the spring semester, placement need not occur until the first day of the following semester.

(t) The public agency shall provide information and training to:

(1) All persons who serve as coordinators of the case conference process.
(2) Persons who may serve as chairpersons of case conference committees.
(3) Persons who act as the public agency representative at case conference committee meetings.

(u) The public agency must keep documentation of the information and training provided under subsection (t). That training must include, but is not limited to:

(1) Procedures to assure compliance with procedural safeguards; and,
(2) Information concerning least restrictive environment.

511 IAC 7-12-2 Least restrictive environment

Sec. 2. (a) Each special education planning district shall have in place written policies and procedures to ensure the following:

(1) To the maximum extent appropriate, students with disabilities, including those in public or private residential institutions and other care facilities in the geographic area of jurisdiction, are educated with nondisabled students.
(2) Special classes, separate schooling, or other removal of students from the general education environment to special classes or separate facilities, occurs only when it is documented that education in general education classes using supplementary aids and services cannot be satisfactorily achieved.
(3) Unless the individualized education program requires some other arrangement, a student with disabilities is educated in the school the student would attend if not disabled.

(b) Each special education planning district shall implement procedures to ensure the following:

(1) The placement of each student is based on the student's individualized education program, which is developed prior to the determination of educational placement.
(2) A continuum of alternative educational placements, beginning with the provision of supplementary aids and services in the general education classroom, is available to meet the individual needs of students with disabilities.
(3) In selecting the least restrictive environment, consideration is given to any potentially harmful effect of a suggested placement on the student or on the quality of services needed.
(4) Each student with disabilities participates with nondisabled students in non-academic and extracurricular services and activities to the maximum extent appropriate, regardless of whether the student is in:
(A) a general education class;
(B) a special education class;
(C) a separate facility;
(D) a public or private institution; or
(E) some other care facility.
(5) Students with disabilities are in classes and buildings with their chronological peers unless an alternative is determined appropriate by the case conference committee and the reasons for other placement are documented in the report of the case conference committee meeting.

(c) A continuum of placement alternatives includes:

(1) General education instruction for the entire instructional day, with modifications in curricula, instructional methodologies, staffing patterns, or classroom organization.
(2) General education instruction for the entire instructional day with individualized instruction or services by a special education teacher, special consultant, or related services staff member for part of the day in the general education classroom.
(3) General education instruction for most of the instructional day, with individualized instruction or services provided in another setting, such as vocational education, community-based instruction, or a work-study program for part of the day.
(4) General education instruction for most of the instructional day, with special education instruction or related services provided in a resource room for part of the school day.
(5) Special education instruction for most of the instructional day, with instruction in the general classroom for part of the day.
(6) Special education instruction for the entire instructional day in a general educational setting.
(7) Special education instruction for the entire instructional day in a separate educational facility.
(8) Full or part-time special education instruction provided in a day program in a separate noneducational facility such as a community health center or a private nonprofit facility.
(9) Instruction or related services provided in the home, or at a neutral site at the election of the school corporation, by a licensed special education teacher or related services staff member. (10) full-time special education instruction in a public or private residential program.

(d) Public agencies that operate or support the provision of special education and related services for students with disabilities in private or public residential facilities and local community agencies shall have in place written policies and procedures to insure the following:

(1) The placement of each student is based on the student's individualized education program developed prior to the determination of educational placement.
(2) A continuum of alternative placements is available to meet the individual needs of students with disabilities.

(e) The division of special education, in cooperation with the public agencies described in subsection (d), shall develop criteria and procedures to insure implementation of the least restrictive environment provisions in their programs.

(f) The public school corporation shall make available to students with disabilities the variety of educational programs and services available to nondisabled students served by the school corporation. If the case conference committee determines it appropriate, the student with disabilities shall participate in these programs with nondisabled students. These programs and services include, but are not limited to:

(1) Art.
(2) Music.
(3) Industrial arts.
(4) Consumer and homemaking education.
(5) Vocational education.

(g) The public school corporation shall ensure that students with disabilities have the opportunity to participate in the vocational education program available to nondisabled students or, if the case conference committee determines that the vocational education program cannot be modified and that specially designed vocational education is necessary to enable a student to benefit from the program, the public school corporation shall ensure that such a program is available.

(h) The public school corporation shall take steps to provide nonacademic and extracurricular services and activities in a way that allows students with disabilities an equal opportunity to participate in those activities and services. Whenever the case conference committee determines it is appropriate, the public school corporation shall take steps to facilitate the participation of the student with disabilities along with nondisabled students in those services and activities. Those services and activities include, but are not limited to the following:

(1) Meal and recess periods.
(2) Convocations and recreational activities.
(3) Field trips.
(4) Athletics, including student manager positions.
(5) Special interest groups or clubs sponsored by the school.
(6) Referrals to agencies that provide assistance and services regarding employment, career and vocational training, or post-secondary education.
(7) Graduation ceremonies.

(i) The public school corporation shall make physical education available to all students with disabilities. Physical education may be provided by a general education teacher of physical education, a teacher specially licensed in adapted physical education, or the classroom teacher, as applicable to the physical education appropriate for the student.

(j) Physical education services shall be specially designed if necessary. Each student with disabilities shall be provided the opportunity to participate in the physical education program available to nondisabled students unless: (1) the student is enrolled full-time in a separate facility; or
(2) the student's individualized education program indicates specially designed physical education is necessary.

511 IAC 7-12-3 Homebound instruction for students with disabilities

Sec. 3. (a) Providing special education instruction to a student identified as disabled under this article in the student's home or an alternative setting is an option if it is considered by the case conference committee to be the least restrictive environment appropriate to enable the student to benefit from special education. If the case conference committee determines that instruction in the student's home or an alternative setting is appropriate, the written report of the case conference committee meeting shall include:

(1) The reason the student is not attending school.
(2) Other options tried or considered and why those options are not appropriate.

(b) The case conference committee shall reconvene at least every sixty (60) instructional days to review the individualized education program. The type, length, intensity and duration of special education and related services for a disabled student shall be determined by the case conference committee.

511 IAC 7-12-4 Instruction for homebound or hospitalized students

Sec. 4. (a) Students with special health problems, temporary illnesses, or injuries that preclude their attendance in school shall be provided with instruction in the home, in the hospital, or at another site at the election of the school corporation by telephone hook-up, by television, by direct instruction from a teacher, or by a combination thereof. Homebound instruction shall be provided for students who are not eligible for special education but who are temporarily disabled due to illness or injury and to whom the due process procedures of this article do not apply.

(b) Before homebound instruction for a student unable to attend school can begin, the parent must provide the school corporation with a written statement from a physician with an unlimited license to practice medicine that states one (1) of the following:

(1) The student has an illness or injury which will require hospitalization or homebound care for a minimum of twenty (20) consecutive instructional days or, if the illness or injury occurs less than twenty (20) instructional days prior to the end of the school year and the student needs instruction to meet promotion or graduation requirements, that the student will require hospitalization or homebound care through the end of the current school year.
(2) The student has a chronic illness or other medical condition that will require periodic hospitalization or homebound care for an aggregate of at least twenty (20) instructional days over the period of the school year.

(c) Instruction for a student who cannot attend school because of special health problems, illness, or injury shall be based on the student's individual needs.

(d) Homebound instruction or instruction in the hospital setting may be continued through the summer to enable a student to complete a semester to meet promotion requirements.

(e) The caseload for a teacher providing homebound instruction shall not exceed five (5) students at any given time. Instruction and related services for students identified as disabled shall be provided by teachers licensed in the disability area of the students, or in the appropriate related service. Instruction for all other students shall be provided by teachers licensed to teach the grade level of the students.

511 IAC 7-12-5 Alternative or residential service procedures

Sec. 5. (a) Pursuant to IC 20-1-6-19, this section sets forth the procedures to be followed when a public school corporation, upon recommendation of the case conference committee, applies to the state superintendent of public instruction for assistance in obtaining alternative services or residential placement for educational reasons. Nothing in this section shall be construed as restricting a case conference committee from obtaining alternative services or a residential placement utilizing its own resources. This section is not applicable to the following situations:

(1) Placement in a state school upon the recommendation of the case conference committee.
(2) Unilateral action of the parent in placing a student with disabilities in a private school.
(3) Placement in any residential facility by any other public agency for other than educational reasons.

(b) All due process and procedural safeguards under 511 IAC 7-7 and 511 IAC 7-15 apply to this section.

(c) A case conference committee may determine that alternative or residential services is the least restrictive environment to enable a student to benefit from special education if the student is in need of more intensive services than the student is currently receiving or than the special education planning district is capable of developing.

(d) If a case conference committee makes a determination under subsection (c) that an alternative or residential service is advisable, the school corporation shall obtain the written consent of the parent to:

(1) pursue all local and state resources that may be appropriate; and
(2) release the student's educational record to other Indiana public agencies for their review.

(e) Any application for alternative or residential service submitted to the division of special education must meet the following requirements:

(1) The application is on a form and in a format prescribed by the division of special education.
(2) The application must be postmarked or hand-delivered to the office of the division of special education within thirty (30) calendar days of the date of the local case conference committee meeting.

(f) The division of special education will review the application and determine if all necessary components and documentation of procedural safeguards are present and complete. The division will notify the public school corporation and the parents whether additional information is needed to complete the application within ten (10) business days after receipt of the application.

(g) If the application is incomplete, or additional information or clarification is needed, the public school corporation must submit the requested information within thirty (30) calendar days of the notification. If the public school corporation fails to respond to the request for additional information within the thirty (30) day period, the division of special education shall notify the public school corporation and the parent in writing of the following:

(1) The application will not be scheduled for review until the requested information is received by the division of special education.
(2) If the information is not received within ninety (90) calendar days from the date the additional information was requested, the application is invalid.

(h) The division of special education shall distribute copies of the completed application to representatives of other state agencies that operate or support alternative or residential special education programs or have resources which may be of assistance in providing services to the student for their review and recommendation.

(i) A multiagency review committee meeting must be scheduled on at least a monthly basis. The local school corporation, the parents and representatives of local agencies are invited to attend.

(j) Alternative service options must be fully explored and eliminated as inappropriate or unavailable before residential placement is considered.

(k) Residential placement in an Indiana state supported or state operated facility shall be fully explored first as an appropriate placement before placement in a private special school is recommended. State agencies which operate or support residential facilities shall indicate in writing to the division of special education whether a residential placement for a student is available in their facilities.

(l) The division of special education shall make the placement recommendation for alternative or residential service. The written recommendation must be sent to the parent and the public school corporation, and include information that either party has the right to appeal the recommendation through the due process hearing procedures described in 511 IAC 7-15-5. If no request for a due process hearing is filed within ten (10) calendar days of the date the recommendation is received by the parent or the public school corporation, the recommendation is deemed accepted. The recommended alternative or residential service may begin at a time mutually agreed upon by the service provider, the parent and the public school corporation.

(m) When a student is placed in an Indiana public residential facility under the procedures in this section, the state agency operating the facility shall, as of the date the placement recommendation is made by the division of special education, assume the costs of room and board, special education, and related services normally provided by the residential facility.

(n) An agency referred to in subsection (m) shall not bill the parent for the costs associated with the placement under subsection (m). The agency may:

(1) pursue third party funding, such as Medicaid or private insurance, for medical-related expenses; and
(2) request funds from the parent for:
(A) personal allowance;
(B) recreational activities; and
(C) purchase of clothing.

(o) The division of special education shall be responsible for identifying one (1) or more possible residential private special schools when all alternative service options have been exhausted and no Indiana state operated or state supported placement is appropriate or available. Completion of the referral procedures is the responsibility of the special education planning district. A formal written recommendation will be made by the division of special education to the local school corporation and the parent upon acceptance of the student for admission. A student shall not be enrolled in a private special school prior to the date of the formal written recommendation by the division of special education.

(p) Once a formal written recommendation is made by the division of special education, enrollment in the private special school may take place at a time mutually agreed upon by the parent, the private special school, and the public school corporation.

(q) If the student is placed by the parent in the facility prior to, or during the review and approval procedures of this section, the parent bears the financial responsibility for all costs incurred up to the date of the formal written recommendation by the division of special education. The recommendation of the division of special education is not retroactive, and the parent is not eligible to be reimbursed for expenses incurred prior to the date of the division's recommendation.

(r) When the recommendation is for residential placement in a private special school, the costs of room and board, educational, and non-medical related services is the joint responsibility of the State of Indiana and the public school corporation of the student's residence. The school corporation of residence is responsible for tuition payments to the facility in the amount of the per capita cost of educating a nondisabled student in that school corporation. The State of Indiana is responsible for the costs of room and board, educational, and non-medical related services in excess of the local school corporation's per capita amount.

(s) The parent of a student placed in a public residential facility or private residential special school is financially responsible, either personally or via third-party payment, for the following:

(1) Clothing and personal items as specified by the residential facility.
(2) All medical costs, including medications or dental costs incurred.
(3) Personal allowance, if applicable.

(t) Representatives of the public school corporation of legal settlement shall actively participate in the development, review, and revision of the student's individualized education program and shall document that participation. The public school corporation shall initiate contact with the parent and the residential program staff at least two (2) times a year to discuss the student's program and progress, and shall document those contacts. In the development, review, and revision of the student's individualized education program, the public school corporation shall ensure that a representative of the residential program participates in the case conference committee meeting. If the representative cannot attend, the public school corporation shall use other methods to ensure participation by the residential program, including individual or conference telephone calls. If the residential program initiates and conducts the case conference committee, which is permitted at the discretion of the public school corporation, the public school corporation shall ensure that the parent and public school are involved in any decision with respect to the student's individualized education program and agree to any proposed changes in the program before those changes are implemented.

(u) Approval for alternative or residential service is valid for only one (1) fiscal year, July 1 through June 30. Applications for continuation of the alternative service or residential placement for each successive fiscal year shall be submitted by the public school corporation on a form and in a format prescribed by the division of special education.

RULE 13. PROGRAM AND SERVICE INFORMATION

511 IAC 7-13-1 Early childhood programs

Sec. 1. (a) Each public school corporation shall provide special education for all students with disabilities three (3) through four (4) years of age.

(b) Early childhood special education services for each child identified as disabled under this article shall be the responsibility of the local school corporation of residence upon the attainment of the child's third birthday. Attainment of the age of five (5) years is determined by the month and date established for kindergarten eligibility.

(c) Special education instruction for students in early childhood programs shall be provided through consultation, resource services, part-time, full-time, or home-based instruction. Services shall be provided in or by the public school, which may include offering services at a public elementary school building, or through a contract with a public or private agency.

(d) The local public school corporation is responsible for the costs of special education and related services in the individualized education programs of students eligible for early childhood special education programs.

(e) Full-time special education for students in early childhood special education programs is defined as twelve and one-half (12 1/2) hours per week.

(f) An early childhood special education class cannot exceed eight (8) students. At least one (1) full-time instructional or program assistant is required to be assigned to the classroom in addition to the teacher.

(g) The caseload for a teacher providing consultation or home-based instruction for early childhood special education cannot exceed twenty (20) students.

511 IAC 7-13-2 Elementary programs

Sec. 2. (a) The chronological age range in programs providing full-time special education instruction at the elementary level shall be limited to sixty (60) months.

(b) The length of the instructional day for elementary level special education students must be the same as the instructional day for elementary level general education students in the school building where the program is located, unless the case conference committee determines otherwise.

511 IAC 7-13-3 Secondary programs

Sec. 3. (a) The chronological age range in programs providing full-time special education instruction at the secondary level cannot exceed eighty-four (84) months, or seven (7) years.

(b) The length of the instructional day for secondary level special education students must be the same as the instructional day for secondary level general education students in the school building where the program is located, unless the case conference determines otherwise.

(c) At a student's annual case review prior to the school year in which nondisabled students of the same chronological age begin to earn credits toward high school graduation, the case conference committee shall determine:

(1) whether the student with disabilities will pursue high school graduation and a diploma by earning credits for academic, special education, or vocational courses; or
(2) whether the student would benefit from an educational, vocational, and employment training program which is noncredit in nature.

(d) Students enrolled in special education shall, provided the minimum credit requirements are met, receive a diploma which is not differentiated from the diploma received by nondisabled students. Students enrolled in special education who are unable to earn credits for a high school diploma shall receive a certificate of achievement upon completion of the public school educational program. If the local school corporation provides a graduation ceremony or service for nondisabled students, students with disabilities shall participate in the same ceremony, unless otherwise indicated by the student's case conference committee.

511 IAC 7-13-4 Transition and ongoing adult services

Sec. 4. (a) The individualized transition plan shall be developed as a part of a student's individualized education program by the case conference committee at the annual case review conducted prior to the school year in which nondisabled students of the same chronological age begin to earn credits toward high school graduation, or earlier if determined appropriate by the case conference committee. The student shall be invited to participate in the case conference committee meeting and all subsequent case conference committee meetings if the purpose of the meeting is the consideration of transition services. If the student does not attend, the case conference committee shall take other steps to ensure the student's preferences and interests are considered.

(b) The individualized transition plan shall be a part of the individualized education program, shall guide development of the IEP, and shall include a statement of needed transition services that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, and community participation. The individualized transition plan shall:

(1) include a coordinated, sequential set of activities, measures of assessment, and exit criteria based on the student's needs, taking into account the student's preferences and interests, and include:
(A) instruction;
(B) community experiences;
(C) the development of employment and other post-school adult living objectives; and
(D) if appropriate, acquisition of daily living skills and functional vocational evaluation. If the case conference committee determines that services are not needed or no longer needed in one or more areas specified in (1)(A)-(C) above, the individualized transition plan must include a statement to that effect and the basis upon which the determination was made.
(2) indicate whether there is an expectation that the student will need ongoing adult services upon graduation or upon exiting the educational program;
(3) define and project desired post-school outcomes in postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, and community participation; and
(4) include the individuals and agencies responsible for implementing the activities and services, and, if appropriate, a statement of each public agency's responsibilities, or linkages, or both, before the student leaves the school setting.

(c) Nothing in this rule shall relieve any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition services that the agency would otherwise provide to students with disabilities who meet the eligibility of that agency.

(d) The individualized transition plan shall be reviewed and revised as appropriate on at least an annual basis, concurrently with the overall individualized education program.

(e) If an identified agency, other than the public school corporation, fails to provide agreed upon services, the public school shall reconvene the case conference committee to identify alternative strategies to meet the transition objectives.

(f) If the case conference committee, at the annual case review specified in subsection (a), determines a student will likely benefit from ongoing adult services, the case conference committee will at that time:

(1) review the adult services available and present information on those services in writing to the parent; and
(2) request the parent provide written consent to transfer information from the student's educational record to the office of vocational rehabilitation to be entered into that agency's tracking system.

(g) Within thirty (30) calendar days after written consent is received or by June 1 of the school year in which the annual case review specified in subsection (a) is conducted, whichever is earlier, the special education planning district shall transmit the following information to the appropriate office of vocational rehabilitation:

(1) The student's name, address, county of residence, social security number and birthdate.
(2) The student's reported disability or disabilities.
(3) The student's projected final year in the educational program.

(h) The following conditions may prevent the case conference committee from complying with the provisions of subsection (a), in which instance the case conference committee shall comply with subsection (a) within thirty (30) days from the date the existence of the condition becomes known. These conditions are as follows:

(1) The student with disabilities transferred to the school corporation after the year set forth in subsection (a).
(2) The student is identified as disabled and enrolled in special education after the year set forth in subsection (a).
(3) It is determined by a case conference committee subsequent to the year specified in subsection (a) that the student with disabilities will likely benefit from ongoing adult services.

(i) In addition to the case conference committee membership required by 511 IAC 7-12-1(e), a counselor from the office of vocational rehabilitation shall receive adequate notice of and an invitation to attend the annual case review conducted in the school year prior to the projected final year of school for students who:

(1) are likely to benefit from ongoing adult services; and
(2) live in the county or zip code area served by that area office.

(j) The invitation to the counselor from the office of vocational rehabilitation shall include the name, address, age, and reported disability of the student for whom the annual case review is scheduled. This information shall serve as an official referral to the office of vocational rehabilitation. The case conference committee shall review orally and in writing the adult services that may be provided and the process to be followed to access those services.

(k) The requirements of this section apply to students in residential placements.

511 IAC 7-13-5 Related services

Sec. 5. (a) The public agency shall provide related services to a student identified as disabled under this article if the case conference committee determines the student requires the related services in order to benefit from special education.

(b) Related services include, but are not limited to, the following:

(1) Audiological services.
(2) Counseling.
(3) Early identification.
(4) Medical services for evaluation.
(5) Occupational therapy.
(6) Parent counseling and training.
(7) Physical therapy.
(8) Psychological services.
(9) Recreation.
(10) School health services.
(11) Social work services in schools.
(12) Transportation.
(13) Rehabilitation counseling.
(14) Other supportive services.

(c) Audiological services shall be provided by a licensed educational or clinical audiologist and include, but are not limited to:

(1) Identification of students with hearing losses.
(2) Determination of the nature, range, and degree of hearing loss including referral for medical or other professional attention for the habilitation of hearing.
(3) Provision of habilitative activities, such as language habilitation, auditory training, hearing evaluation, speech/lip reading, and speech conservation.
(4) Consultation and guidance of individual students, teachers, and parents regarding hearing loss.
(5) 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 equipment.

(d) Counseling of students may be provided:

(1) in the instructional setting as part of the curriculum or course of study;
(2) in another setting on a regular schedule; or
(3) on an as-needed basis.

(e) The nature of a student's counseling needs as specified in the student's individualized education program shall guide the selection of the appropriate individual(s) and the manner in which the counseling is provided. Counseling services may be provided by:

(1) social workers;
(2) school, clinical, or child psychologists;
(3) school counselors;
(4) teachers;
(5) administrators;
(6) related services personnel;
(7) vocational rehabilitation counselors; or
(8) other outside persons.

(f) Counseling services include, but are not limited to, the following:

(1) Advice in study, job, or career selections.
(2) Working with a student to assist the student in understanding and coping with a disability.
(3) Assisting a student in coping with a personal problem or crisis.
(4) Working with a student to develop a system to reduce or eliminate behaviors that are disruptive or destructive.

(g) Early identification includes, but is not limited to, an ongoing child identification process as required by 511 IAC 7-10.

(h) Medical services for the purpose of diagnosis and evaluation shall be:

(1) provided by a physician with an unlimited license to practice medicine; and
(2) considered a related service provided at no cost to the parent if a diagnosis and evaluation of a medically related disability is needed or recommended by the case conference committee or a due process hearing officer to determine an appropriate placement.

(i) Occupational therapy shall be provided when determined by the case conference committee to be necessary to enable a student with disabilities to benefit from special education. The case conference committee shall determine the type and intensity of occupational therapy needed for the student and specify how and by whom the services are to be provided. Occupational therapy shall be provided by a certified occupational therapist or a certified occupational therapy assistant under the supervision of a certified therapist.

(j) Occupational therapy services include, but are not limited to, the following:

(1) Evaluating developmental levels, gross and fine motor functioning, and self-care skills.
(2) Designing and implementing interventions to develop, improve, or restore impaired gross or fine motor functions and the student's ability to perform tasks in the educational environment as independently as possible.
(3) Designing or adapting materials, equipment, or the educational environment to meet a student's needs.
(4) Consulting with parents, teachers, paraprofessionals, and other related services personnel regarding activities which can assist in meeting the goals of therapy.

(k) Parent counseling and training may be provided:

(1) as part of the case conference committee or annual case review process;
(2) in the form of special meetings or conferences; or
(3) as part of the student's individualized education program as an identified need to assist the student in benefiting from special education.

(l) Parent counseling and training may be conducted by:

(1) social workers;
(2) school counselors;
(3) school, child, or clinical psychologists;
(4) teachers;
(5) administrators;
(6) vocational rehabilitation counselors; or
(7) other outside persons.

(m) The nature of the parent counseling and training needs shall guide the selection of the appropriate individual and manner in which the counseling and training is provided. Parent counseling and training includes, but is not limited to, the following:

(1) Assisting parents in understanding the special needs of their child.
(2) Providing information on child development.
(3) Assisting parents in understanding the student's educational program and how they can help.
(4) Providing information and training in due process procedures.
(5) Providing information on services from other agencies and how to gain access to those services.

(n) Physical therapy shall be provided when determined by the case conference committee to be necessary to enable a student with disabilities to benefit from special education. Physical therapy shall be provided by a licensed physical therapist or a certified physical therapist assistant under the direct supervision of a licensed therapist. Physical therapy shall be provided only upon the referral or order of a physician, podiatrist, psychologist, chiropractor, or dentist holding an unlimited license to practice medicine, podiatric medicine, psychology, chiropractic, or dentistry, respectively.

(o) Physical therapy includes, but is not limited to, the following:

(1) Evaluating developmental levels, gross motor function, reflex levels, range of motion, muscular strength, and respiratory function.
(2) Designing and implementing activities to prevent, correct, treat, or alleviate impairments.
(3) Evaluating, designing, and recommending adaptation of assistive devices and equipment.
(4) Consulting with parents, teachers, paraprofessionals, and other related services personnel regarding activities which can assist in meeting the goals of therapy.

(p) Psychological services shall be provided by:

(1) a school psychologist; (2) a clinical or child psychologist; or (3) a psychiatrist.

(q) The nature of the psychological services needed shall guide the selection of the appropriately licensed or board-certified individual and the manner in which the services are provided. School psychological services include, but are not limited to, the following:

(1) Administering psychological and educational evaluations as a member of the multidisciplinary team.
(2) Interpreting assessment results and integrating them with other information regarding behavior and conditions related to learning.
(3) Consulting and working with school personnel and parents in planning and developing a student's individualized education program and school programs to meet the special needs of students.
(4) Providing counseling for students and parents.

(r) Recreation as a related service includes, but is not limited to, the following:

(1) Assessment of how a student spends leisure time as it relates to the student's educational program.
(2) The provision of recreation programs in the school, agency and community.
(3) The provision of leisure education.
(4) Therapeutic recreation services.

(s) Rehabilitation counseling may be provided for a student with disabilities which may result in a vocational barrier for the student. Rehabilitation counseling services include, but are not limited to, the following:

(1) Giving advice in study, job, career and community living selections considering the functional limitations of the disability.
(2) Helping the student understand and cope with a disability.
(3) Assisting a student in coping with a personal problem or crisis related to the disability.
(4) Working with a student to reduce or eliminate behaviors that are disruptive or destructive which may be related to the disability.
(5) Helping inform the student of available community services and how to access and coordinate them.

(t) School health services shall be provided or coordinated by a licensed school nurse and include, but are not limited to, the following:

(1) Provisions for emergency care in case of injury and sudden illness.
(2) Maintenance of records and monitoring of students with medically related needs including the administration of medication as prescribed.
(3) Serving as a member of the case conference committee for students with medically related disabilities or needs.

(u) Social work services in schools shall be provided by a licensed school social worker and may include, but are not limited to, the following:

(1) Serving as a member of the multidisciplinary evaluation team.
(2) Group and individual counseling with the student and the family.
(3) Working with problems in a student's home, school, and community life that affect the student's adjustment in the educational setting.
(4) Facilitating the utilization of school and community resources to enable the student to receive maximum benefit from the special education program.
(5) Preparing a social or developmental history on a student suspected of having a disability.

(v) Transportation shall be provided if it is required to enable a student identified as disabled under this article to receive special education and related services. Transportation includes the following:

(1) Travel to and from the educational setting and between educational settings.
(2) Travel in and around the educational setting.
(3) Specialized equipment such as special or adapted buses, lifts, and ramps.

(w) Other supportive services which may be considered related services include, but are not limited to, the following:

(1) Paraprofessionals assigned to a student or group of students to assist in instructional, social, personal, or vocational needs such as classroom program assistants, interveners, job coaches, school bus monitors, interpreters, and others.
(2) Peer tutoring and cadet teacher programs.
(3) Artistic and cultural programs.

RULE 14. SPECIAL EDUCATION PLACEMENT OPTIONS AND CASELOADS

511 IAC 7-14-1 General information

Sec. 1. (a) The case conference committee shall determine the appropriate placement for a student based on the following:

(1) The needs as specified in the goals and objectives in the individualized education program.
(2) The nature and severity of the student's disability.
(3) The type and intensity of services needed.

(b) A placement recommendation shall not be based solely upon a disability category. A student's placement must be in the least restrictive environment possible in which the necessary special education and related services are provided, regardless of the identified disability.

(c) Special education teachers shall be appropriately licensed to teach all of the students with disabilities assigned to their caseloads.

(d) When a student with a disability receives special education instruction from more than one (1) special education teacher, such as in a departmentalized or team-teaching setting, one (1) of the teachers shall be as follows:

(1) Licensed to teach students with the identified disability.
(2) Identified as the student's teacher-of-record.

(e) The number of special education students assigned to a special education teacher, speech-language pathologist, or related services personnel is determined by:

(1) The nature and severity of the students' disabilities.
(2) The type and intensity of services needed as specified in the individualized education program.
(3) The chronological ages of the students.
(4) The chronological and mental age range of the students in part-time and full-time special education placements.

(f) The special education caseload shall be prorated and reduced as necessary if one (1) of the following circumstances exist:

(1) A full-time special education teacher or speech-language pathologist provides services to students in more than one (1) of the placement options.
(2) The special education teacher or speech-language pathologist is employed or contracted on less than a full-time basis.
(3) The special education teacher or speech-language pathologist serves more than one (1) building and travel is required.

(g) Cross-categorical programming, or the provision of services by a given special education teacher to students with different disabilities at the same time, is permitted in any of the placement options provided the requirements set forth in 511 IAC 7-12-2 are met.

(h) Each special education teacher and speech-language pathologist is responsible for monitoring the implementation of any portion of a student's individualized education program by a general education teacher. The special education teacher and speech-language pathologist shall provide technical assistance and serve as a consultant and resource person to the general education teacher(s) of each student with disabilities assigned to their caseload.

(i) The individualized education program of each student with disabilities who is placed in general education for any portion of the instructional day shall specify any modifications necessary in:

(1) Curricula.
(2) Instructional methodologies.
(3) Staffing patterns.
(4) Classroom organization.
(5) Any special materials, equipment, or instructional aids.

511 IAC 7-14-2 Special education consultation

Sec. 2. (a) A special education teacher, speech-language pathologist, or related services provider is considered to provide consultation services to a student with disabilities if:

(1) The student is not removed from the student's assigned instructional setting.
(2) The special education teacher, speech-language pathologist, or related services provider works directly with the assigned teacher and provides only minimal services directly to the student.

(b) The caseload for a special education teacher, speech-language pathologist, or related services provider who provides consultative services is based on the criteria in section 1 of this rule and shall be limited in number to allow the teacher to meet the individual needs of each student enrolled as specified in the student's individualized education program.

511 IAC 7-14-3 Special education resource services

Sec. 3. (a) A special education teacher or speech-language pathologist is considered to be providing resource services to a student with disabilities if:

(1) the student with disabilities is in the general education setting for most of the student's instructional time;
(2) the special education teacher, speech-language pathologist, related services provider, or a combination thereof, provide direct services to the student for specified periods of time;
(3) special education instruction, speech-language therapy, related services, or any combination thereof, does not exceed twenty-four percent (24%) of the instructional time per week; and
(4) the special education teacher is the teacher-of-record to whom the student with disabilities is assigned.

(b) The caseload for a special education teacher or speech-language pathologist who provides special education resource services is based on the criteria in section 1 of this rule and shall be limited in number to allow the teacher to meet the individual needs of each student enrolled as specified in the student's individualized education program.

511 IAC 7-14-4 Part-time special education instruction

Sec. 4. (a) A special education teacher or speech-language pathologist is considered to be providing part- time special education instruction to a student with disabilities if:

(1) special education instruction, speech-language therapy, related services, or any combination thereof, range from twenty-five percent (25%) to forty-nine percent (49%) of the instructional time per week;
(2) the student with disabilities is in the general education setting for the remainder of the instructional day; and
(3) The special education teacher is the teacher-of-record to whom the student with disabilities is assigned.

(b) The caseload for a special education teacher or speech-language pathologist who provides part-time special education instruction is based on the criteria in section 1 of this rule and shall be limited in number to allow the teacher to meet the individual needs of each student enrolled as specified in the student's individualized education program.

511 IAC 7-14-5 Full-time special education instruction

Sec. 5. (a) A student with disabilities receives full-time special education instruction if the student receives classroom or community-based special education instruction, speech-language therapy, or related services, or any combination thereof, at least fifty percent (50%) of the instructional time per week.

(b) The caseload for a special education teacher who provides full-time special education instruction is based on the criteria in section 1 of this rule and shall be limited in number to allow the teacher to meet the individual needs of each student enrolled as specified in the student's individualized education program.

511 IAC 7-14-6 Experimental programs

Sec. 6. (a) A special education planning district electing to pursue alternative experimental or innovative programs not approvable under this rule shall submit requests for approval to the Indiana state board of education prior to implementation.

(b) The division of special education shall develop criteria and a format that a special education planning district must follow when it submits an alternative experimental or innovative program for approval.

RULE 15. DUE PROCESS PROCEDURES

511 IAC 7-15-1 Suspension

Sec. 1. (a) For purposes of this rule, a suspension is a unilateral, temporary cessation of educational services. A short-term removal of a student pursuant to the student's individualized education program is not a suspension.

(b) A student with disabilities may be suspended for violation of rules, standards, or policies adopted by the public agency. Suspension is not considered a change of placement. Suspension from school attendance and related services shall not exceed:

(1) Five (5) consecutive instructional days; or
(2) Ten (10) cumulative instructional days in a school year.

(c) As soon as possible after the tenth day of suspension in a school year, if not sooner, the case conference committee shall convene to consider:

(1) The causes of the suspensions.
(2) The appropriateness of the student's current educational program.

(d) Suspension procedures shall follow the policies and procedures prescribed by IC 20-8.1-5-6.

511 IAC 7-15-2 Expulsion

Sec. 2. (a) A student with disabilities may be expelled for violation of rules, standards, or policies adopted by the public agency. Expulsion, or separation from school attendance or a related service for more than five (5) consecutive instructional days, shall be:

(1) considered a change of placement;
(2) preceded by a meeting of the case conference committee; and
(3) preceded by a formal expulsion hearing before a hearing examiner unless the formal hearing is waived by the parent.

(b) The principal shall file written charges for expulsion with the superintendent and the director of special education. The superintendent shall:

(1) determine if an investigation is desirable; and, if so,
(2) appoint an expulsion hearing examiner within one (1) instructional day after the charge is filed.

(c) The hearing examiner may be an employee of the public agency who:

(1) did not bring charges against the student;
(2) will not be a witness at the expulsion hearing; and
(3) has no involvement in the charge.

(d) The hearing examiner shall notify the parent in writing of the charges against the student and the right of the student to request an expulsion hearing according to the timelines and procedures prescribed in Indiana Code 20-8.1-5-8.

(e) Concurrent with the actions of the superintendent and hearing examiner under subsections (b) and (d), the director of special education or the director's designee shall convene the case conference committee as soon as possible after notification that expulsion charges have been filed. The director of special education or the director's designee shall chair the case conference committee meeting. The parent shall be provided adequate notice in accordance with 511 IAC 7-12-1(b) through 511 IAC 7-12-1(d), including an explanation of the purpose and procedures of the meeting.

(f) The student shall remain in the student's current educational placement until the case conference committee is convened. If the public agency believes the student presents a danger to the student or others, or that the student's presence is a substantial disruption to the educational process, one (1) of the following alternatives may be implemented:

(1) The principal may suspend the student in accordance with section 1 of this rule.
(2) The hearing examiner may extend the suspension for up to five (5) additional instructional days.
(3) The student may be removed to:
(A) a more restrictive environment within the school for a period not to exceed ten (10) instructional days, so long as educational services do not cease; or
(B) any other placement provided for in the student's individualized education program and agreed to by the parent.
(4) The student may be placed on emergency homebound instruction, if provided for in the student's individualized education program or if agreed to by the parent.
(5) Parental consent or a court order may be sought to extend an emergency or interim placement beyond ten (10) instructional days.

(g) If the student's individualized education program does not include options for more restrictive placement, or the parent does not agree on the proposed interim placement, the public agency may:

(1) pursue a court injunction to prevent the student from attending school while pursuing administrative remedies; or
(2) request a due process hearing under section 5 of this rule and ask the independent due process hearing officer to determine the interim placement for the student.

(h) The case conference committee shall:

(1) review the student's current and previous behavior; and
(2) determine whether a causal relationship exists between the student's behavior and the student's disability or placement.

(i) If the case conference committee determines that a causal relationship exists between the student's behavior and the student's disability or placement, the case conference committee shall review the student's:

(1) current placement;
(2) individualized education program; and
(3) current educational evaluation data.

(j) If the case conference committee determines that a causal relationship exists between the student's behavior and the student's disability or placement, the student may not be expelled. If necessary, the case conference committee shall revise the student's individualized education program and recommend a change of placement.

(k) A written report of the case conference committee's findings shall be given to the parent and the superintendent of the public agency in which the student's program is located. The case conference report shall be accompanied by:

(1) written notice of parent rights as outlined in 511 IAC 7-7-1; and
(2) written notice of parent rights and procedures regarding the formal expulsion hearing if the case conference committee determined that no causal relationship exists between the student's behavior and the student's disability or placement.

(l) Upon receipt of the information specified in subsection (k), the parent may exercise one (1) of the following options:

(1) Request the appointment of an independent due process hearing officer to review the case conference report.
(2) Request an expulsion hearing within ten (10) calendar days.
(3) Take no action regarding the case conference report or the expulsion hearing.

(m) A request for a due process hearing under section 5 of this rule must follow the procedures outlined therein. A request for a due process hearing under section 5 of this rule operates to stay the formal expulsion hearing until administrative and judicial proceedings are completed.

(n) In the event of an expulsion, educational and related services shall not cease. Educational services are determined by the case conference committee under this article.

(o) For a student not previously identified as disabled under this article, a referral for an initial educational evaluation shall not stay expulsion proceedings. The timeline from the initiation of the referral to the convening of the case conference committee shall be unaffected by expulsion proceedings.

511 IAC 7-15-3 Mediation

Sec. 3. (a) Mediation is an option that can be employed when the parent and the public agency cannot, through the case conference committee process or other discussions, agree on the student's:

(1) identification;
(2) evaluation; or
(3) educational placement.

(b) Mediation may be requested by either the parent or the public agency. The mediation process cannot begin unless both parties agree.

(c) Mediation may occur prior to or concurrent with a request for a due process hearing. A request for mediation shall not preclude or delay a due process hearing or the timelines involved. Mediation is not an alternative to the complaint process under section 4 of this rule for alleged violations of state or federal laws in special education programs, nor is mediation under this section to address issues unrelated to the identification, evaluation, placement, or provision of a free appropriate public education to a student. Issues that may be mediated include, but are not limited to, the following:

(1) The nature and extent of the disability.
(2) The type of educational program placement.
(3) The type and intensity of related services provided.
(4) Declassification or reclassification of the student's disability.

(d) Persons who serve as mediators shall:

(1) be trained in the mediation process;
(2) have no conflict of interest regarding the parties involved in the process;
(3) be neutral in the process; and
(4) have knowledge of special education and the needs of students.

(e) The mediation agreement shall be submitted to the student's case conference committee for approval or, where a due process hearing has been requested and an independent hearing officer assigned, the mediation agreement shall be submitted, upon request of the hearing officer, to the hearing officer for approval. If the mediation agreement is achieved while a petition for review is pending before the Indiana board of special education appeals, the agreement shall, upon request of the board, be submitted, to the board.

511 IAC 7-15-4 Complaints

Sec. 4. (a) Any individual, group of individuals, agency, or organization may file a complaint alleging violations of federal or state laws that apply to special education programs. The complaint shall:

(1) be in writing;
(2) indicate the allegations of the technical violation(s) and the circumstances on which the allegations are based;
(3) be signed by the complainant(s); and
(4) be submitted to the division of special education.

(b) The division of special education shall develop and implement written procedures to investigate complaints. These procedures shall be available upon request and shall include the following:

(1) A system to follow when complaints are received by the division of special education office including the following:
(A) Determination of the issues.
(B) Assignment of an individual to investigate and monitor compliance.
(2) The timelines for the investigation, issuance of a report, and monitoring compliance.

(c) The individuals assigned as complaint investigators shall be trained employees of the department of education, or other state agencies, as appropriate.

(d) The investigation of a complaint may involve off-site and on-site investigation procedures. The complaint investigator shall have the following responsibilities:

(1) Contacting the complainant and the public agency named in the complaint to clarify the issues, if necessary.
(2) Determining what investigation procedures will be necessary and notifying both parties regarding those procedures.
(3) Conducting the investigation.
(4) Filing a written response with:
(A) The complainant.
(B) The superintendent or chief executive officer of the public agency involved.
(C) The special education program administrator of the special education planning district involved.
(D) The director of the division of special education.
(E) The designated administrator of the state agency responsible for the administration and operation of the state agency programs, if appropriate.
(5) Facilitating, or providing for, negotiations between the parties, if necessary.
(6) Providing technical assistance to assist in achieving compliance.

(e) The final written response of the complaint investigator shall be filed within thirty (30) calendar days of the date the written complaint is received. An extension of time may be granted by the director of the division of special education only if exceptional circumstances exist with respect to a specific complaint. In that event, all parties shall be notified in writing of the extension and the reasons for it.

(f) Orders issued by the complaint investigator shall be binding on the public agency unless appealed by the public agency. The timelines for the public agency to submit a corrective action plan and to achieve compliance shall be included in the complaint investigator's report. Compliance with orders issued by the complaint investigator shall be monitored by the division of special education.

(g) Failure of the public agency to achieve compliance with orders issued by a complaint investigator shall result in the withholding of federal and state funds to the public agency.

(h) Either the public agency or the complainant may request reconsideration by the director of the division of special education of any part of a complaint report. A request for reconsideration must be filed within fifteen (15) calendar days of the date the complaint report is received by the public agency and the complainant. The request for reconsideration shall:

(1) be sent to the director of the division of special education;
(2) be in writing, with a copy sent to the other party; and
(3) state the specific portions of the report the party believes should be reconsidered with specific reasons to support the request.

(i) Reconsideration of a complaint report shall be conducted by the director of the division of special education. Written notice of the result of that reconsideration shall be issued no later than sixty (60) calendar days from the date the original written complaint was received unless a written extension of time has been granted by the state educational agency where exceptional circumstances existed with respect to a complaint.

(j) Any party disagreeing with the result of the reconsideration by the director of the division of special education may appeal to the Secretary of the United States Department of Education. Either party disagreeing with the decision of the Secretary of the United States Department of Education may appeal to a civil court with jurisdiction.

(k) In no case shall the complete complaint process, from receipt of the complaint to issuance of the reconsideration results, if any, exceed sixty (60) calendar days, unless a written time extension is granted by the state educational agency. Complaint investigations conducted under this section are not a substitute for due process procedures in the following sections.

511 IAC 7-15-5 Due process hearings

Sec. 5. (a) A parent, a public agency, or the state education agency may initiate a due process hearing regarding:

(1) the eligibility of a student for services under this article;
(2) the appropriateness of the educational evaluation;
(3) the appropriateness of the student's proposed or current program or placement; or
(4) any other dispute involving the provision of a free appropriate public education for the student.

(b) This section does not apply to allegations of technical violations of this article unless the allegations are directly related to a due process hearing issue with respect to the student. Due process hearing issues must present a dispute regarding a current case or controversy involving a student.

(c) A request for a due process hearing and the appointment of an independent hearing officer shall:

(1) be in writing and signed;
(2) be filed simultaneously with the other parties or their agents and the state superintendent of public instruction; and
(3) specify the reasons for the hearing request.

(d) The state superintendent of public instruction shall appoint the independent hearing officer. When a due process hearing request is received, the public agency and the parent will be sent a written notice of the name of the independent hearing officer who has been assigned to the matter.

(e) A person who may be appointed as an independent hearing officer shall:

(1) be trained in the due process hearing procedures;
(2) have no personal or professional interest that would conflict with the person's objectivity in the hearing; and
(3) not be an officer, employee, or agent of the public agency, the department of education, or any other agency that may be involved in the education or care of the student.

(f) A person who otherwise qualifies as a hearing officer is not considered an employee of the agency solely because the person is paid by the agency to serve as a hearing officer. The division of special education and the public agencies shall maintain a current listing of the persons who serve as hearing officers, including information on the qualifications of those persons.

(g) Due process hearings shall be conducted and a final written decision reached and a copy of the written decision mailed to each of the parties not later than forty-five (45) calendar days after the request for a hearing is received by the state superintendent of public instruction. A hearing officer may grant specific extensions of time beyond the forty-five (45) day timeline at the request of a party. Any extension of time granted by the hearing officer shall be in writing to all parties and included in the record of the proceedings.

(h) Unless the parties agree otherwise, the student involved shall remain in the student's present educational placement during a due process hearing, administrative hearing appeal, or judicial proceeding. If the proceedings extend beyond the end of the school year and the placement includes normal grade advancement, that advancement shall proceed unless normal grade advancement is at issue.

(i) If the issue of the proceedings involves initial enrollment in a public school, the student, with the consent of the parent, shall be placed in the public school program until the completion of the proceedings. If the parties cannot agree to the student's placement during the proceedings, the hearing officer shall determine the student's placement as a preliminary matter to the conduct of the due process hearing.

(j) Any party to a due process hearing has the right to:

(1) be accompanied and advised by legal counsel and by individuals with knowledge and training with respect to special education;
(2) present evidence, confront, cross-examine, and compel the attendance of any witnesses who may have pertinent information;
(3) prohibit the introduction of any evidence at the hearing which has not been disclosed at least five (5) business days prior to the hearing;
(4) separation of witnesses who are not parties to the dispute;
(5) obtain a verbatim transcript following the conclusion of the proceedings;
(6) obtain written findings of facts and decision; and
(7) be provided with an interpreter, if any party to the hearing has a hearing or speaking impairment or other difficulty in communicating, or whose native language is not English.

(k) The hearing officer has the discretion and authority to:

(1) issue subpoenas;
(2) determine whether individuals are knowledgeable with respect to special education in order to assist in the proceedings;
(3) frame and consolidate issues in the hearing to provide clarity; and
(4) rule on any other matters with respect to the conduct of a due process hearing, subject to administrative or judicial review of abuse of such discretion or authority, mistake in law as to exercise of such discretion or authority, or that such authority was exercised in an arbitrary or capricious manner.

(l) A parent, or the parent's representative, involved in a due process hearing has the right to:

(1) have the student who is the subject of the hearing attend;
(2) have the hearing opened or closed to the public;
(3) inspect and review prior to the hearing any records pertaining to the student maintained by the public agency, its agents, or employees, including all tests and reports upon which the proposed action may be based; and
(4) recover reasonable attorney fees if a court determines the parent ultimately prevailed at the due process hearing, administrative appeal to the board of special education appeals, or upon judicial review in civil court.

(m) The public agency shall inform the parent of free or low-cost legal services available.

(n) The hearing shall be held at a time and place reasonably convenient to all parties to the hearing. The notice of time and place shall be in writing to all parties.

(o) The public agency shall bear all costs pertaining to the conduct of a hearing whether or not a hearing is ultimately held, including transcription, hearing officer fees and expenses. When the hearing is initiated by or against the state education agency regarding the proposal or denial of alternative or residential services under 511 IAC 7-12-5, the state education agency shall be responsible for the aforementioned costs.

(p) The decision of the hearing officer shall be based solely upon the oral and written evidence presented at the hearing. The public agency bears the burden of proof regarding the appropriateness of the proposed or refused action except when the hearing has been initiated pursuant to 511 IAC 7-12-5. In that case, the state education agency bears the burden of proof regarding the appropriateness of its decision with respect to residential placement for the student.

(q) A verbatim record of the hearing shall be made and transcribed. The record shall be made available by the division of special education at no cost and upon the request of any party to the hearing. The hearing officer is responsible for ensuring the hearing is recorded or transcribed.

(r) The hearing officer shall render a written decision. The decision shall be dated and must include the following:

(1) Findings of fact and conclusions of law.
(2) A decision and orders, if necessary.
(3) Notice of the right and the means to appeal the decision and orders.

(s) Class action due process hearings are not permitted. If the parties agree to a simultaneous hearing involving two (2) or more students, a separate decision with specific findings of fact, conclusions of law, and orders, if necessary, shall be written for each student.

(t) The hearing officer shall mail a copy of the hearing decision to each party involved in the hearing. The hearing officer's decision is binding on all parties.

(u) Any party involved shall have thirty (30) calendar days from the date the hearing officer's written decision is received to:

(1) implement the order(s) in the hearing decision; or
(2) initiate an appeal as described in section 6 of this rule.

(v) The division of special education shall maintain the following:

(1) The original hearing decision.
(2) The transcript of the hearing.
(3) The exhibits admitted by the hearing officer.
(4) All notices, pleadings, exceptions, motions, requests and other papers filed in the hearing.

(w) The division of special education shall, after deleting personally identifiable information from copies of the due process hearing findings, conclusions, and order(s):

(1) Transmit a copy of the document to the state advisory council on the education of children and youth with disabilities.
(2) Maintain a copy of the document for public review in its offices.

(x) Due process hearings under this section shall be conducted pursuant to IC 4-21.5-3 and this section.

511 IAC 7-15-6 Due process hearing appeals

Sec. 6. (a) The state board of special education appeals is established. The board of special education appeals shall have three (3) members appointed by the state superintendent of public instruction and confirmed by the Indiana state board of education. Each member is appointed for a three (3) year term, with the year of appointment alternating to preclude all three (3) members being appointed at once. The members of the board shall alternate as chair when conducting impartial reviews. A member of the board may not:

(1) be an officer, employee, or agent of a public agency involved in the education or care of a student; or
(2) have any personal or professional interest that conflicts with the member's objectivity in the appeal process.

(b) The board of special education appeals shall submit an annual report to the state board of education regarding the major issues, concerns, and recommendations for special education.

(c) The division of special education shall serve as the agent for the board of special education appeals for receipt of all correspondence and the filing of documents.

(d) Due process hearing appeals under this section shall be conducted pursuant to IC 4-21.5-3 and this section.

(e) A petition for an impartial review of the decision of a hearing officer by the board of special education appeals may be initiated by any party to the hearing. The petition shall be:

(1) in writing;
(2) filed simultaneously with the division of special education and the opposing party;
(3) specific as to the reasons for the objections to the hearing officer's decision, identifying those portions of the findings, conclusions and orders to which exceptions are taken; and
(4) filed within thirty (30) calendar days of the date the hearing officer's decision is received by the party.

(f) When a petition for review of a hearing officer's decision is received by the division of special education, the division of special education shall:

(1) notify each member of the board of special education appeals that a petition for review has been filed; and
(2) provide each member with a copy of:
(A) the petition for review;
(B) the hearing officer's decision;
(C) the hearing officer's findings and conclusions;
(D) a transcript of the hearing;
(E) exhibits, pleading, exceptions, motions, requests; and
(F) any other papers filed with the hearing officer or the division of special education regarding the hearing.

(g) Any party to a proceeding for which a petition for review has been filed may, within ten (10) calendar days from the date on which the petition for review is filed with the division of special education, file a reply to the petition for review.

(h) Any petition for review that does not comply with the requirements of subsection (e) may be dismissed, in whole or in part, at the discretion of the board of special education appeals. Only matters raised in the initial due process hearing may be raised in a petition for review.

(i) If no petition for review is filed, or is not filed in a timely manner, the decision of the hearing officer shall become the decision of the board of special education appeals.

(j) Within thirty (30) calendar days of the receipt of a petition for review by the division of special education, the board of special education appeals shall conduct an impartial review, develop a written decision and mail the written decision to all parties. Specific extensions of time may be requested by any party to the appeal and granted by the chair of the board. The chair shall respond in writing to all parties when a request for extension is made.

(k) The board of special education appeals, in conducting an impartial review, shall review the entire record of the due process hearing to ensure the procedures of the hearing were consistent with the requirements of section 5 of this rule. The board may decide the matter upon the record without oral argument. The board shall not disturb the conclusions of law or orders of the hearing officer unless the hearing officer's decision:

(1) is arbitrary or capricious;
(2) is an abuse of discretion;
(3) is contrary to law, contrary to a constitutional right, power, privilege, or immunity;
(4) exceeds the jurisdiction of the hearing officer;
(5) was reached in violation of an established procedure; or
(6) is unsupported by substantial evidence.

(l) If the board of special education appeals convenes a meeting to hear oral argument, the meeting shall be at a time and place convenient to all parties in the proceeding.

(m) When the board of special education appeals permits oral argument, each party will have the opportunity for argument and rebuttal. The board will deliberate in the presence of the parties and may ask questions of any person present. The board may, at its discretion, exercise the same powers as a hearing officer under 511 IAC 7-15-5(k).

(n) The board of special education appeals shall, upon completion of its impartial review:

(1) issue its final decision orally and in the transcript of the proceedings;
(2) insure the written decision contains findings of fact, conclusions of law, and orders, if necessary;
(3) include a notice of the right to seek judicial review of the board's decision; and
(4) ensure that a verbatim transcript of the proceedings is prepared.

(o) Any party to the proceeding may receive a copy of the verbatim transcript of the impartial review by making a request to the division of special education.

(p) Any party disagreeing with the decision of the board of special education appeals may appeal to a civil court with jurisdiction. Pursuant to IC 4-21.5-5-5, an appeal to a state civil court must be filed within thirty (30) days after the date the board's written decision is served.

(q) A parent represented by legal counsel during the proceedings of a due process hearing, appeal, or civil court action is entitled to reimbursement for legal fees if the parent ultimately prevails. Determination of which party prevails and the amount of reimbursement shall be determined by negotiation between the parent and the public agency. If agreement cannot be reached either party may proceed to civil court for resolution. Mediation, as described in Section 3 of this rule, is not available for resolution of legal fees.

(r) The costs of the board of special education appeals, including travel, associated expenses, and reporting services, shall be borne by the state educational agency.

RULE 16. CHILD COUNT

511 IAC 7-16-1 Child count procedures

Sec. 1. (a) On December 1 of each year, each public agency shall count the number of students identified as disabled and receiving special education and related services on that date. This count determines the federal and additional state funds allocated to the public agency. If December 1 is not a school or program day, the closest instructional day shall be used for the count.

(b) The division of special education shall collect the count information from each public agency to report to the appropriate federal and state agencies.

(c) The division of special education shall report no later than February 1 each year to the United States Secretary of Education a total, non-cumulative, unduplicated count of students identified and provided special education under this article. The report is for the purpose of generating funds under the following:

(1) P.L. 94-142, Part B, the Education of the Handicapped Act (EHA), as amended by P.L. 101-476, the Individuals with Disabilities Education Act; and
(2) P.L. 99-457, Section 619.

(d) The report shall 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 of the following:
(A) Special education and related services.
(B) Only special education services if related services are not necessary for the students to benefit from special education.
(2) A count of students specified by birth but less than twenty-two (22) years of age.
(3) Students placed in private residential special schools under 511 IAC 7-12-5.

(e) The following students shall not be included in the 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 which 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.
(4) Those receiving special education funded solely by the federal government, except when no local or state funds are available for disabled students in the three (3) years of age through five (5) years of age and eighteen (18) years of age but less than twenty-two (22) years of age groups, then the students in these age groups may be counted when funds under subsection (c)(1) are used for all special education costs.
(5) Those on military bases and not receiving special education from a local school corporation under this article.
(6) Those who are homebound or hospitalized:
(A) but who are not eligible for or receiving special education; and
(B) to whom the due process procedures of under this article do not apply.

(f) The division of special education shall:

(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 non-cumulative, unduplicated, and accurate;
(4) aggregate the data obtained from each public agency and prepare the required reports in a form which protects personally identifiable information; and
(5) insure that documentation is maintained at the state and local level to audit the accuracy of the count.

(g) The division of special education shall, no later than February 5 each year, report to the Indiana state budget committee a count of students that determines the amount of additional funds available to public school corporations for the operation of special education programs.


5/95 (Revision)