in-20250723-IR-041250351FNA: The Office of Administrative Law Proceedings (OALP) is soliciting public comment on adding rules at 41 IAC 3 concerning the jurisdiction transfer and hearing costs related to the Individuals with Disabilities Act (IDEA) to OALP under IC 20-35-14. OALP seeks comment on the affected citations listed and any other provisions of Title 41 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #25-351 Sec. 1. This article establishes how the office will determine and assess the hearing costs of adjudicating matters under IDEA. Sec. 2. This article applies to the office's jurisdiction over IDEA cases and the assessment of fees related to the hearing costs of those cases. Sec. 3. (a) The definitions in this section apply throughout this article. (b) "Administrative law judge" has the meaning set forth in IC 4-15-10.5-3. (c) "Average daily membership" or "ADM" has the meaning set forth in IC 20-43-4-2(a). (d) "Department" means the department of education as set forth in IC 20-18-2-3. (e) "Hearing costs" means the following expenses related to IDEA cases: (f) "Individuals with Disabilities Education Act" or "IDEA" has the meaning set forth in 20 U.S.C. 1400 et seq. (g) "Office" means the office of administrative law proceedings established under IC 4-15-10.5-7. (h) "School corporation" and "charter school" have the meanings set forth in IC 20-18-2-16 and IC 20-24-1-4, respectively. Sec. 1. (a) The amount to be assessed to each school corporation and charter school is calculated as follows: (b) The adjustment for closed school corporations and charter schools is as follows: (c) The department shall withhold from each school corporation's or charter school's fall state tuition support an amount equal to the amount determined under this section. (d) Not later than October 1 each year, the department shall transfer to the office the total amount withheld under this article from each school corporation and charter school through a funding mechanism as determined by the budget agency. (e) The department shall notify each school corporation and charter school of the fee assessed under this Section.