in-20231004-IR-511230504PRA: Adds 511 IAC 4-1.5-9 concerning instruction for students with injuries and temporary or chronic illnesses. Adds 511 IAC 4-1.5-10 concerning medication administration. Adds 511 IAC 6-7.1-12 concerning authority to award locally developed certificates. Amends 511 IAC 7-32-32 to update the definition of "educational surrogate parent". Amends 511 IAC 7-32-40 to update the definition of "free appropriate public education". Amends 511 IAC 7-32-52 to update the definition of "institution of higher education". Adds 511 IAC 7-32-103.5 to add a definition for "virtual instruction". Amends 511 IAC 7-34-1 concerning special education and related services for parentally-placed students in nonpublic schools. Amends 511 IAC 7-34-3 concerning educational evaluations for parentally-placed nonpublic school students attending nonpublic schools outside the school corporation of legal settlement. Amends 511 IAC 7-34-4 concerning consultation with nonpublic school representatives and representatives of parents. Amends 511 IAC 7-34-5 concerning decisions regarding services provided by the public agency and service plans. Amends 511 IAC 7-34-6 concerning due process hearings and complaints. Amends 511 IAC 7-34-7 concerning requirements pertaining to Part B funds. Amends 511 IAC 7-35-2 concerning supports for public agency personnel. Amends 511 IAC 7-36-10 concerning state and local assessments. Amends 511 IAC 7-40-2 concerning comprehensive and coordinated early intervening services. Amends 511 IAC 7-40-3 concerning educational evaluations in general. Amends 511 IAC 7-40-5 concerning conducting an initial educational evaluation. Amends 511 IAC 7-40-7 concerning independent educational evaluations. Amends 511 IAC 7-40-8 concerning reevaluations. Adds 511 IAC 7-40-9 concerning notice by electronic mail. Amends 511 IAC 7-41-9 concerning multiple disabilities. Amends 511 IAC 7-42-3 concerning case conference committee participants. Amends 511 IAC 7-42-6 concerning developing an individualized education program. Amends 511 IAC 7-42-8 concerning implementation and termination of individualized education programs. Amends 511 IAC 7-42-9 concerning review and revision of the individualized education program. Amends 511 IAC 7-42-10 concerning least restrictive environments and delivery of special education and related services. Amends 511 IAC 7-42-11 concerning instruction for a student at the student's home or alternative setting. Adds 511 IAC 7-42-16 concerning notice by electronic mail. Amends 511 IAC 7-43-1 concerning related services. Amends 511 IAC 7-43-4 concerning the transition individualized education program. Amends 511 IAC 7-43-7 concerning summary of performance. Amends 511 IAC 7-44-1 concerning removals and services in general. Amends 511 IAC 7-44-2 concerning disciplinary change of placement. Amends 511 IAC 7-44-3 concerning removals of more than 10 cumulative days that do not result in a change of placement. Amends 511 IAC 7-44-4 concerning removals of more than 10 consecutive days or 10 cumulative days that results in a change of placement. Amends 511 IAC 7-44-6 concerning interim alternative educational settings; weapons, drugs, and serious bodily injury. Adds 511 IAC 7-45-0.5 concerning dispute resolution. Amends 511 IAC 7-45-2 concerning mediation. Amends 511 IAC 7-45-3 concerning due process hearing requests. Amends 511 IAC 7-45-4 concerning sufficiency of the request for a due process hearing. Amends 511 IAC 7-45-5 concerning responding to the request for a due process hearing. Amends 511 IAC 7-45-6 concerning the resolution process. Adds 511 IAC 7-45-6.5 concerning prehearing procedures. Amends 511 IAC 7-45-7 concerning conducting a hearing. Amends 511 IAC 7-45-8 concerning independent hearing officer qualifications. Amends 511 IAC 7-45-10 concerning expedited due process hearings and petition for judicial review. Amends 511 IAC 7-46-1 concerning federal child count procedures. Amends 511 IAC 7-47-1 concerning application from a school corporation of legal settlement or charter school. Amends 511 IAC 7-47-2 concerning appeal from denial of application. Amends 511 IAC 7-49-2 to add a definition of "local school corporation". Amends 511 IAC 7-49-4 concerning the choice special education plan. Amends 511 IAC 7-49-10 concerning proportionate share. Adds 511 IAC 7-50 concerning the Indiana education scholarship account education service plan. Repeals 511 IAC 7-32-67, 511 IAC 7-32-103, and 511 IAC 7-42-12. Effective 30 days after filing with the publisher.

Proposed Rule LSA Document #23-504 DIGEST Sec. 9. (a) All students with injuries and temporary or chronic illnesses that preclude their attendance in school must be provided with instruction. (b) Before instruction for a student unable to attend school can begin, a parent must provide the school corporation or charter school with a written statement from a licensed health care provider with prescriptive authority that states one (1) of the following: (c) For a student who is: (d) Instruction provided under this rule may continue through the summer to enable a student to complete a semester to meet promotion requirements. (e) For a student who is eligible for special education and related services, instruction and related services must be provided by appropriately licensed personnel. For all other students, instruction must be provided by teachers licensed to teach the grade level of the student. Sec. 10. (a) A public agency shall establish, maintain, and implement written policies and procedures on the administration of medication that include the following: (b) A public agency shall document special training provided to persons authorized to administer medication. (c) Public agency and state personnel are prohibited from requiring a parent to obtain a prescription for medication for a student as a condition for: (d) Nothing in subsection (c) shall be construed to prohibit teachers and other school personnel from consulting or sharing classroom based observations with a parent regarding a student's: Sec. 12. (a) Nothing in this rule shall be construed as limiting a school corporation's authority under IC 20-26-3 to award a locally developed certificate, such as a certificate of completion, to a student who does not meet the graduation requirements set forth in IC 20-32-4. (b) A locally developed certificate is not considered an Indiana diploma or an alternative diploma, and a student awarded a locally developed certificate is not considered a graduate for purposes of determining a school corporation's or school's graduation rate under IC 20-26-13 or 511 IAC 6.2-10 unless that student has met the graduation requirements set forth in IC 20-32-4. Sec. 32. "Educational surrogate parent" means a person trained and appointed to represent a student with a disability in matters relating to the provision of a free appropriate public education, including the following: Sec. 40. "Free appropriate public education" or "FAPE" means special education and related services that: Sec. 52. "Institution of higher education": Sec. 103.5. "Virtual instruction" has the meaning set forth in IC 20-43-1-34. Sec. 1. (a) As used in this rule, "Part B funds" means funds under Part B of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. (b) This section and sections 2 through 9 of this rule apply to parentally-placed nonpublic school students with disabilities, including students who reside outside of the state. (c) This section and sections 2 through 9 of this rule do not apply to the following: (d) Each public agency shall, with regard to any a nonpublic school, including any a religious school or home school, within its boundaries: (e) For purposes of this rule, a student attending a virtual nonpublic school is considered to be attending a nonpublic school located within the boundaries of the student's school corporation of legal settlement. Sec. 3. (a) All students who are determined eligible for special education and related services have the right to be offered a free appropriate public education from their school corporation of legal settlement. After a student's school corporation of legal settlement has made an offer of a FAPE available to the student, if the student's parent or a student of legal age makes clear their intent to decline the offer and attend a nonpublic school, the student's school corporation of legal settlement is not obligated to develop an IEP for the student for the following year or any year thereafter until the parent expresses an intent to enroll the student in their school corporation of legal settlement, except as required by 511 IAC 7-50 for a student with an education scholarship account. (b) If a student who attends a nonpublic school that is outside of the student's school corporation of legal settlement is referred to the public agency where the nonpublic school is located for an educational evaluation, the public agency must conduct the evaluation in accordance with the procedures and timelines set forth in 511 IAC 7-40, unless the public agency documents the following: (c) Before any personally identifiable information about a student can be released between officials from the: (d) If the parent chooses to receive the evaluation from the public agency of legal settlement, the public agency of legal settlement must conduct the evaluation in accordance with the procedures and timelines set forth in 511 IAC 7-40. (e) If a student's CCC determines that the student is eligible for special education and related services, the: (f) If the offer of a free appropriate public education is rejected, and the parent decides to continue enrollment in the nonpublic school, the student is entitled to services from the public agency where the nonpublic school is located. In order for the school district of legal settlement to forward: (g) After receiving the documents specified in subsection (f), the public agency where the nonpublic school is located must convene a CCC meeting within ten (10) instructional days to develop a service plan described in section 5 of this rule. (h) If a student is evaluated by the public agency where the nonpublic school is located, the CCC must determine eligibility for special education and related services and develop a service plan if the student is eligible. After the service plan is developed, the student's parent is entitled to seek an offer of a free appropriate public education from the school district of legal settlement. In order for the public agency where the nonpublic school is located to forward: Sec. 4. (a) During the design and development of special education and related services for parentally-placed students with disabilities attending nonpublic schools, each public agency must consult with the following: (b) The consultation described in subsection (a) must be timely, which means that it occurs during the design and development of special education and related services for students with disabilities in nonpublic schools. Consultation must also be meaningful, which requires the public agency to: (c) The following subjects must be discussed during a consultation: (d) When consultation required in subsections (a) through (c) has occurred, the public agency must obtain a written affirmation, signed by the representatives of participating nonpublic schools, affirming that the public agency engaged in consultation that met the requirements of subsections (b) and (c). A public agency does not need to obtain written affirmation from nonpublic schools that do not participate in the consultation process. (e) If the representatives of the participating nonpublic schools do not provide the written affirmation to the public agency within twenty (20) instructional days of the date the consultation occurred, the public agency must forward documentation of the consultation process to the division of special education. (f) A nonpublic school official has the right to submit a complaint to the division of special education alleging that the public agency did not: (g) Complaints submitted under subsection (f) must: (h) If the nonpublic school official is dissatisfied with the decision of the division of special education, the official may submit a complaint to the Secretary of the United States Department of Education by providing the information on noncompliance described in subsection (g)(2) and (g)(3). The division of special education must forward appropriate documentation to the Secretary of the United States Department of Education. Sec. 5. (a) After consulting with nonpublic school representatives and representatives of parents as described in section 3 4 of this rule, the public agency must make final decisions with respect to the services that will be provided to nonpublic school students with disabilities. (b) If the public agency, when making final decisions in subsection (a), disagrees with the views of the nonpublic school officials on the provision of services or the types of services, whether provided directly or through a contract, the public agency must provide to the nonpublic school officials a written explanation of the reasons why the public agency chose not to accept the recommendations of the nonpublic school officials. (c) For each parentally-placed student in a nonpublic school that has been determined eligible to receive special education and related services from the public agency, the public agency must initiate and conduct a CCC meetings meeting to develop and implement or review and revise a service plans plan. A service plan must describe the specific special education and related services that the public agency will provide to the student in light of the services that the public agency has determined, through the consultation process described in section 3 4 of this rule, it will make available to parentally-placed nonpublic school students with disabilities. The public agency must obtain written consent from the parent before the initial provision of special education services. If the student previously received special education, the public agency must implement the proposed service plan unless: (d) When conducting a CCC meeting to develop or review and revise a service plan, the public agency must comply with the following: (e) Parentally-placed nonpublic school students with disabilities may receive a different amount of services under a service plan than public school students receive under an IEP. However, a service plan must include the following: (f) Special education and related services provided by the public agency to parentally-placed nonpublic school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools. (g) If a student is enrolled, or is going to enroll, in a nonpublic school outside of the student's school district of legal settlement, parental consent, as defined in 511 IAC 7-32-17, must be obtained before any personally identifiable information about the student is released between public agency officials in the school district of legal settlement and the school district where the nonpublic school is located. Sec. 6. (a) The procedures for mediation in 511 IAC 7-45-2 and the procedures for due process hearings and appeals in 511 IAC 7-45-3 through 511 IAC 7-45-11 are not available to resolve disputes regarding the requirements set forth in this rule, 511 IAC 7-49, or 511 IAC 7-50, unless the dispute concerns one (1) of the following issues: (b) A request for a due process hearing regarding the issues set forth in subsection (a) must be sent simultaneously to the superintendent of public instruction secretary of education and the public agency in which the nonpublic school is located, unless the: (c) If the request for a due process hearing concerns the issues set forth in subsection (b)(1) and (b)(2), the request must be sent simultaneously to the superintendent of public instruction secretary of education and the public agency of legal settlement. (d) A complaint that a public agency has failed to meet the requirements of this rule, 511 IAC 7-49, or 511 IAC 7-50 may be filed under the procedures described in 511 IAC 7-45-1, except for complaints filed by nonpublic school officials under section 4(f) of this rule, which must be filed in accordance with section 4(f) through 4(h) of this rule. Sec. 7. (a) A public agency must do the following: (b) The public agency, in providing special education and related services to students in nonpublic schools, must expend at least an amount that is the same proportion of the public agency total subgrant under 20 U.S.C. 1411(f) as the number of nonpublic school students with disabilities, who are enrolled by their parents in nonpublic schools within its boundaries, is to the total number of students with disabilities of the same age range. (c) To calculate the proportionate amount of Part B funds specified in subsection (b), the public agency must take the following steps: (d) For students three (3) years of age through five (5) years of age, the public agency, in providing special education and related services to students in nonpublic schools, must expend at least an amount that is the same proportion of the public agency total subgrant under 20 U.S.C. 1419(g) as the number of nonpublic school students with disabilities three (3) years of age through five (5) years of age who are enrolled by their parents in nonpublic schools within its boundaries, is to the total number of students with disabilities three (3) years of age through five (5) years of age. (e) To calculate the proportionate amount of Part B funds specified in subsection (d), the public agency must take the following steps: (f) A public agency must calculate the proportionate share of Part B funds before designating funds for early intervening services. (g) State and local funds may supplement but in no case supplant the proportionate share of Part B funds required to be expended for parentally-placed nonpublic school students with disabilities under this rule. (h) If a public agency has not expended all of the proportionate amount of Part B funds described in subsections (b) through (e) by the end of the fiscal year for which the division of special education allocated the funds, the public agency must obligate the remaining funds for special education and related services, including direct services, to parentally-placed nonpublic school students with disabilities during a carryover period of one (1) additional year. (i) Expenditures for child find activities, including the cost of individual evaluations and reevaluations, shall not be considered in determining whether the public agency has met the proportionate share requirement in this section. (j) The public agency shall not use the Part B funds to do the following: (k) The public agency may use Part B funds for the following: Sec. 2. (a) Each public agency must carry out activities to ensure that public agency personnel are: (b) A student's CCC, during the development, review, or revision of a student's IEP, must consider, under 511 IAC 7-42-6(c)(2), whether any support is necessary to provide public agency personnel with the knowledge and skills necessary to implement the student's IEP. (c) If the CCC determines that supports are necessary under subsection (b), the CCC must document the following: Sec. 10. (a) For purposes of this section, "adaptive behavior" means the actions and behavior that are essential for a person to live independently and function safely in daily life. (b) A student with a disability must participate in all state and local assessment programs, including assessments described under Section 1111 of the Elementary and Secondary Education Act, 20 U.S.C. 6311, with appropriate accommodations and alternate assessments, if necessary, as indicated in a student's IEP. (b) (c) The: (c) (d) Appropriate accommodations for the state assessment programs are: (d) (e) For district assessments, public agencies must develop guidelines for the provision of appropriate accommodations that do not invalidate scores. (e) (f) The student's CCC must determine, in advance, whether the student will utilize any of the appropriate accommodations described in subsections (c) and (d) during state and district assessments and throughout the student's education program. If the student will utilize accommodations, the CCC must: (f) (g) Nothing in this article prohibits the use of accommodations in classroom instruction that, which, if used for state and district assessments, would invalidate a student's score. (g) (h) The CCC may determine that a student with the most significant cognitive disability will participate in an alternate statewide assessment program in lieu of participating in the general statewide assessment For state assessments, the CCC's determination must be based upon the criteria in 511 IAC 5-2-4.5. program if the CCC determines that the student: (i) The CCC's determination that a student with the most significant cognitive disability will participate in the alternate statewide assessment program: (h) (j) Before a CCC can determine that a student will participate in an alternate assessment in lieu of the general assessment, the public agency must provide the CCC with a clear explanation of the differences between the assessments, including any effects of state or district policies on the student's education resulting from participation in an alternate assessment. (i) (k) If the CCC determines that a student will participate in an alternate assessment, the public agency must ensure that the parent is informed that the student's performance will be measured against grade-level aligned alternate academic achievement standards. Sec. 2. (a) A public agency may not use more than fifteen percent (15%) of the amount the public agency receives under Part B of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., for any fiscal year, less any the amount reduced by the public agency pursuant to 34 CFR 300.205, if any applicable, in combination with other amounts, (which may include including, but not limited to, amounts other than education funds, to develop and implement comprehensive and coordinated early intervening services, which may include including, but not limited to, interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade 3) who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment. (b) In implementing comprehensive and coordinated early intervening services under this section, a public agency may carry out activities that include, but are not limited to, the following: (c) Nothing in this section shall be construed to either: (d) Each public agency that develops and maintains comprehensive and coordinated early intervening services under this section must annually report the following to the department of education state educational agency: (e) Funds made available to carry out this section may be used to carry out comprehensive and coordinated early intervening services aligned with activities funded by and carried out under the Elementary and Secondary Education Action of 1965, as amended, 20 U.S.C. 6301 et seq. (ESEA), if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section. (f) The parent of a student who participates in a process that assesses the student's response to scientific, research based interventions must be provided with written notification when a student requires an intervention that is not provided to all students in the general education classroom. The written notification must contain the following information: Sec. 3. (a) This rule applies to educational evaluation procedures that enable a student's CCC to determine: (b) These Educational evaluation procedures do not apply to the following: (c) The public agency shall establish, maintain, and implement written procedures regarding initial evaluations and reevaluations, including a description of the following: (d) When referrals for a student from birth through the school year in which the student becomes twenty-two (22) years of age are made directly to the Indiana School for the Deaf, the Indiana School for the Blind and Visually Impaired, or any other state operated school by other than the designated representative of the student's public school corporation of legal settlement, the following procedures shall be implemented: (e) The public agency must establish, maintain, and implement procedures to ensure the following: (f) In conducting the educational evaluation, the multi-disciplinary team must use a variety of assessment tools and strategies, as required in 511 IAC 7-41, to gather relevant functional, developmental, and academic information about the student, including information provided by the parent, to assist the CCC in determining the following: (g) The public agency must evaluate a student with a disability in accordance with the requirements of this rule and 511 IAC 7-41 before a CCC can determine that the student is no longer a student with a disability, except when termination of the student's eligibility is due to: (h) The public agency must provide a student with a summary of performance, as required in 511 IAC 7-43-7, under either any of the following circumstances: (i) A public agency may provide a student with a summary of performance when the: Sec. 5. (a) After a parent has provided consent, as defined in 511 IAC 7-32-17, for an initial educational evaluation, the public agency must conduct a comprehensive and individual educational evaluation in accordance with the requirements of this rule and 511 IAC 7-41. The educational evaluation must be conducted by a multi-disciplinary team that prepares an educational evaluation report addressing the necessary components of evaluation specific to each suspected disability set forth in 511 IAC 7-41. The report is utilized: (b) The educational evaluation must be conducted by a multi-disciplinary team, which is a group of qualified professionals who conduct a student's educational evaluation with input from the student's parent. The qualified professionals include, but are not limited to, the following: (c) As part of the educational evaluation, the multi-disciplinary team must, with or without a meeting, do the following: (d) The initial educational evaluation must be conducted and the CCC convened within fifty (50) instructional days of the date the written parental consent is received by licensed personnel in accordance with section 4(h) of this rule. The time frame does not apply in the following situations: (e) After an educational evaluation has been completed, the multi-disciplinary team must compile the team's findings of the multidisciplinary team into an educational evaluation report. (f) For a student with the suspected disability of autism spectrum disorder, the educational evaluation report must include the results of the multi-disciplinary team's assessments, observations, and collection of information as aligned to the characteristics of autism spectrum disorder. (g) For a student with a suspected learning disability, the educational evaluation report must include the following: (h) If a parent requests, under section 4(h)(1) of this rule, a copy of the educational evaluation report prior to the CCC meeting, the public agency must ensure that a copy of the educational evaluation report is made available at no cost to the parent not less than five (5) instructional days prior to the scheduled CCC meeting. (i) If a parent requests, under section 4(h)(2) of this rule, a meeting to have the results of the educational evaluation explained prior to the scheduled CCC meeting, the public agency must arrange a meeting with the parent and an individual who can explain the evaluation results within five (5) instructional days prior to the scheduled CCC meeting. The meeting shall be scheduled at a mutually agreed upon date, time, and place. A copy of the educational evaluation report must be provided at no cost to and reviewed with the parent at this meeting. (j) If the parent does not request a: Sec. 7. (a) The public agency shall provide to parents, upon request for an independent educational evaluation: (b) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation conducted by the public agency, subject to the provisions of subsection (c). "Public expense" means that the public agency either: (c) Upon a parent's request for an independent educational evaluation at public expense, the public agency must take one (1) of the following actions within ten (10) business days of the date of the public agency's receipt of the parent's request: (d) The public agency may ask the parent why the parent objects to the public agency's evaluation. However, the public agency may not: (e) A student's parents are entitled to only one (1) independent educational evaluation at public expense each time the public agency conducts an educational evaluation with which the parent disagrees. (f) If the: (g) If the parent obtains an independent evaluation at public expense or shares with the public agency an independent educational evaluation obtained at the parent's expense, the results of the evaluation: (h) In a due process hearing under 511 IAC 7-45-3 through 511 IAC 7-45-8 on the issue of the public agency's reimbursement of the parent's expense for an independent educational evaluation, an independent hearing officer must not order reimbursement for the evaluation if the hearing officer determines that the evaluation obtained by the parent did not meet the public agency's criteria. (i) If an independent hearing officer requests an independent educational evaluation as part of a due process hearing, the cost of the evaluation must be at public expense. (j) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the: (k) Except for the criteria described in subsection (j), the public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense. Sec. 8. (a) Once a student is eligible for special education and related services, any a subsequent evaluation of the student is reevaluation, even if the student is being evaluated because a different or additional eligibility category is suspected. (b) A public agency must consider reevaluation for each student receiving special education and related services: (c) The following procedures are not reevaluation: (d) If a CCC determines at an annual CCC meeting that reevaluation is necessary to reestablish eligibility for special education and related services, reevaluation must occur by the next annual CCC meeting. Reevaluation to reestablish eligibility may not occur more than once a year, unless the parent and the public agency agree otherwise. (e) Except as provided in subsection (q), if the CCC determines or the parent or teacher requests that a reevaluation be conducted to: (f) A parent's request for a reevaluation must be made to licensed personnel, which is defined in 511 IAC 7-32-58 to mean persons employed by the public agency who are: (g) Before a public agency can reevaluate a student, or refuse to reevaluate a student, the public agency must provide the student's parent with written notice that includes the following: (h) The written notice required under subsection (g) must be as follows: (i) A parent may challenge the public agency's refusal to reevaluate the student by requesting: (j) If the public agency proposes to reevaluate the student in the written notice described in subsections (f) and (g), the parent of the student must provide consent, as defined in 511 IAC 7-32-17, to licensed personnel before the public agency can reevaluate the student. (k) If the parent refuses to consent to reevaluation, the public agency may, but is not required to, pursue reevaluation by requesting: (l) Parental consent for reevaluation does not need to be obtained if the public agency makes reasonable efforts to obtain consent and the parent fails to respond. To document reasonable efforts, the public agency must keep a record of its attempts to obtain parental consent, including the following: (m) In considering the need for reevaluation, the CCC and other qualified professionals, as appropriate, must do the following: (n) The review described in subsection (m) may be conducted without a meeting. (o) If the CCC and other qualified professionals, as appropriate, after reviewing existing evaluation data as described in subsection (m), determine that no additional data are needed to determine whether the student continues to be eligible for special education and to determine the student's special education and related service services needs, the public agency must do the following: (p) If the CCC and other qualified professionals, as appropriate, after reviewing existing evaluation data as described in subsection (m) determine that additional data are needed, the public agency must administer such the assessments and other evaluation measures as may be needed to produce the data identified under subsection (m). (q) The time frame established under subsection (e) does not apply when a student enrolls in a school of another public agency after the time frame has begun and prior to completion of the reevaluation if: Sec. 9. A parent may elect to receive the written notice required by section 8 of this rule by an electronic mail communication if the public agency makes that option available. Sec. 9. (a) "Multiple disabilities" means coexisting disabilities, one of which must be a significant cognitive intellectual disability. The coexisting disabilities are lifelong and interfere with independent functioning, and it is difficult to determine which disability most adversely affects educational performance. The term does not include deaf-blind. (b) Eligibility for special education as a student with multiple disabilities shall be determined by the student's CCC. This determination shall be based on the multi-disciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following: Sec. 3. (a) For each CCC meeting, the public agency must designate a representative who: (b) The public agency must ensure that the case conference participants include the following: (c) The public agency must ensure the participation in the CCC of additional individuals in the following circumstances: (d) The public agency must invite the following individuals to participate in the CCC meeting in the following circumstances: (e) At the discretion of the parent or the public agency, other individuals who have knowledge or special expertise regarding the student, including related services personnel, as appropriate, may participate in the CCC meeting. The determination of the knowledge and special expertise of any an individual described in this subsection must be made by the party who invited the individual to participate. (f) At the discretion of the parent, the student may participate in any CCC meeting in addition to those meetings to which the student must be invited. (g) A member of the CCC described in subsection (b)(1) through (b)(4) is not required to attend a CCC meeting, in whole or in part, if the parent and the public agency agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. (h) A member of the CCC described in subsection (b)(1) through (b)(4) may be excused from attending a CCC meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if the: Sec. 6. (a) An IEP is a written document for a student who is eligible for special education and related services that is developed by a CCC in accordance with this section. Transition IEPs are written documents developed in accordance with 511 IAC 7-43-4 that are in effect for students: (b) When developing a student's IEP, a CCC must consider the following general factors: (c) The CCC must also consider the following special factors when applicable: (d) When developing an IEP, a CCC must determine the special education and related services that will meet the unique needs of the student, regardless of the student's identified disability. (e) The general education teacher who is a member of the student's CCC must, to the extent appropriate, participate in the development of a student's IEP, including the determination of the following: (f) An IEP must contain the following: (g) For a student convicted as an adult under state law and incarcerated in an adult prison, the: (h) Nothing in this section must be construed to require: (i) The public agency must give the parent a copy, at no cost, of the student's IEP. The copy may be: (j) Any A member of the CCC may submit a written opinion regarding the IEP. The written opinion must: Sec. 8. (a) The services identified in an IEP must be provided as follows: (b) An IEP must be implemented as it is written. (c) The student's teacher of record must do the following: (d) At the beginning of each school year, a public agency must have in effect, for each student with a disability within its district: (e) If a newly enrolled student received special education services from another public agency within the state and enrolls in a new public agency within the same school year, the new public agency, in consultation with the student's parent, must immediately provide the student with a free appropriate public education, including services comparable to those described in the student's IEP from the previous public agency, until the new public agency either: (f) If a newly enrolled student received special education services in another state, and enrolls within the same school year, the new public agency, in consultation with the student's parent, must immediately provide the student with a free appropriate public education, including services comparable to those described in the student's IEP from the previous public agency, until the new public agency: (g) To facilitate the transition of students described in subsections (d) (e) and (e) (f), the: (h) If a parent revokes consent for special education and related services in accordance with section 15 of this rule, the public agency must terminate the implementation of a student's IEP on the eleventh instructional day after the public agency provides the parent with the written notice required by section 15(b) of this rule, unless the parent consents in writing that the services will be terminated prior to the eleventh day. Sec. 9. (a) A student's CCC must meet periodically, but not less than annually, to do the following: (b) When conducting a review of the student's IEP, the CCC must consider the general and special factors described in section 6(b) and 6(c) of this rule. (c) A general education teacher of the student, as a member of the CCC must, consistent with section 6(e) of this rule, participate in the review and revision of the student's IEP. (d) The review and revision of an IEP that will be in effect when the student: (e) After the annual CCC meeting described in subsections (a) through (d), changes to the IEP may be made: (f) If changes are made to the student's IEP in accordance with subsection (e)(2), the public agency must provide the parent with prior written notice that meets the requirements as set forth in section 7 of this rule. Upon request, a parent must be provided, at no cost, a revised copy of the IEP with the modifications described in subsection (e)(2) incorporated. (g) If changes are made to the student's IEP in accordance with subsection (e)(2), the teacher of record must ensure that the student's CCC is informed of those changes. Sec. 10. (a) Except as provided in section 6(g)(2) of this rule (regarding students with disabilities in adult prisons), each public agency must have in place and implement written policies and procedures to ensure the following: (b) The public agency must do the following: (c) The placement options listed in subsection (b)(4) and (b)(5) must not be exclusive placement options, and a student's placement may be a combination of the options listed, as determined appropriate by the CCC. (d) For a student with a disability who is convicted as an adult under state law and incarcerated in an adult facility, the CCC may modify the student's IEP or educational placement without regard to the requirements of this section where there is demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. Sec. 11. (a) A student may receive special education and related services from a licensed teacher in the student's home or alternative setting, for reasons other than identified in section 12 of this rule injury or temporary or chronic illness, if the CCC determines it to be the least restrictive environment appropriate to enable the student to benefit from special education and related services. If the CCC determines the student's placement to be the student's home or an alternate setting, the public agency's written notice described in section 7 of this rule must include the following: (b) The CCC must convene at least every sixty (60) instructional days to review the IEP. The: Sec. 16. A parent may elect to receive the written notice required by section 7 of this rule by an electronic mail communication if the public agency makes that option available. Sec. 1. (a) "Related services" means transportation and developmental, corrective, and other supportive services that are required for a student to benefit from special education. The public agency must provide related services to a student if the student's CCC determines that related services are necessary for the student to benefit from special education. (b) Related services may be provided as: (c) Related services include the following and may include other developmental, corrective, or supportive services if the services are required for a student to benefit from special education: (d) Related services do not include the following: (e) Nothing in subsection (d): (f) Audiological services: (g) Counseling services may: (h) Early identification and assessment of disabilities includes, but is not limited to, a formal plan for identifying a disability as early as possible in a child's life. (i) Requirements for interpreting services are as follows: (j) Medical services for the purpose of diagnosis and evaluation must be: (k) Occupational therapy services: (l) Orientation and mobility services: (m) Parent counseling and training may: (n) Physical therapy: (o) Psychological services must be provided by school, clinical, and child psychologists or psychiatrists who are appropriately licensed and trained to provide the following services: (p) Recreation services may include the following: (q) Rehabilitation counseling services may include the following: (r) School health services: (s) School nurse services: (t) School social work services: (u) Transportation: Sec. 4. (a) The CCC must develop a transition IEP that will be in effect when the student: (b) This section does not apply to a student: (c) The review and revision of a transition IEP must be in accordance with this section and 511 IAC 7-42-9. (d) Notice of a CCC meeting to develop or revise a transition IEP must be in accordance with 511 IAC 7-42-2. (e) The members of the CCC who must participate in the development or revision of a transition IEP are specified in 511 IAC 7-42-3(d)(2), which states that the public agency must invite: (f) When developing or revising a student's transition IEP, a CCC must consider the general and special factors described in 511 IAC 7-42-6(b) and 511 IAC 7-42-6(c). (g) A general education teacher of the student, as a member of the CCC, must, to the extent appropriate, participate in the development or revision of a student's transition IEP, including determining the determination of the following: (h) A transition IEP must contain the following: (i) Nothing in this section must be construed to require: (j) The public agency must give the parent a copy, at no cost, of the student's transition IEP. The copy may be: (k) A Any member of the CCC may submit a written opinion regarding the transition IEP. The written opinion must: (l) If a participating agency, other than the public agency, fails to provide the transition services described in a transition IEP, the public agency must reconvene the CCC to identify alternative strategies to meet the transition objectives for the student set out in the transition IEP. (m) Nothing in this article relieves a participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for a transition service that the agency would otherwise provide to students who meet the eligibility criteria of that agency. Sec. 7. (a) A public agency must provide a student with a summary of the student's academic achievement and functional performance, which must include recommendations on how to assist the student in meeting the student's postsecondary goals, when a student: (b) A public agency may provide a student with a summary of performance when the student withdraws from high school after: (c) Leaving high school with an alternate diploma, a certificate or credential issued under 511 IAC 6-7.1-11 of completion or withdrawal from high school as described in IC 20-33-2-28.5 does not extinguish a student's eligibility for special education and related services. (d) A summary of performance should include, but not be limited to, the following items: Sec. 1. (a) A public agency is not required to provide services to a student with a disability during any of the first ten (10) cumulative instructional days of removal in a school year, for violating a code of student conduct, if services are not provided to a nondisabled student who has been similarly removed. During any subsequent days of removal, the public agency must provide services to the extent required under sections 3, 5, and 6 of this rule. (b) Removal of a student for any part of a day constitutes a day of removal. (c) A short term removal of a student pursuant to the student's IEP is not a removal under this rule. (d) A suspension is a removal. However, an in-school suspension is not considered a removal for purposes of this rule if, during the in-school suspension, the student has the opportunity to: (e) If bus transportation is part of the student's IEP, a suspension from the bus would be a removal, unless the public agency provides transportation in an alternative manner. (f) A removal under this rule constitutes a suspension as defined in IC 20-33-8-7. A public agency's suspension procedures must comply with Indiana statutes and this article. (g) If a student is removed for more than ten (10) consecutive instructional days in a school year, the public agency must abide by the requirements in sections 4 and 5 of this rule. (h) If a student is removed for more than ten (10) cumulative instructional days in a school year, the public agency must determine if a change of placement has occurred in accordance with section 2 of this rule. If the public agency determines: Sec. 2. (a) Consistent with other requirements in this rule, the public agency may consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a student with a disability who violates a code of student conduct. Unique circumstances include, but are not limited to, the following: (a) (b) A removal or a series of removals from a student's current educational placement results in a change of placement under this rule in the following situations: (b) (c) The public agency determines on a case-by-case basis whether a series of removals under subsection (a)(2) (b)(2) constitutes a pattern that results in a change of placement for the student. (c) The public agency may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with other requirements in this rule, is appropriate for a student with a disability who violates a code of student conduct. Unique circumstances may include the following: (d) The public agency does not need parental consent for a disciplinary change of placement under this rule. (e) (d) The parent of a student with a disability who disagrees with a decision regarding a student's change of placement under this rule may request the following: (f) (e) Upon a parent's request for a due process hearing, the department of education state educational agency shall arrange for an expedited hearing pursuant to 511 IAC 7-45-10. (g) (f) In reviewing a decision regarding change of placement, an independent hearing officer may return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of this rule. Sec. 3. (a) When a student has been removed for more than ten (10) cumulative instructional days in the same school year, but the removals do not constitute a pattern that results in a change of placement under section 2(a)(2) 2(b)(2) of this rule, school personnel, in consultation with at least one (1) of the student's teachers, determine the extent to which services are needed to enable the student to do the following: (b) The services required by subsection (a) may be provided in an interim alternative education educational setting. Sec. 4. (a) When a decision is made to make a removal that constitutes a change of placement, the public agency must notify the student's parent and provide the parent with the notice of procedural safeguards described in 511 IAC 7-37-1. A change of placement occurs when a student has been removed for more than ten (10): (b) The notice required in subsection (a) must be provided by the public agency on the date the public agency decides to make a removal that results in a change of placement. The public agency must make and document reasonable efforts to: (c) If the public agency is unable to notify the parent on the date a decision is made under subsection (b), notice must be mailed to the parent not later than the following business day. (d) A manifestation determination must be conducted according to the requirements in section 5 of this rule. Sec. 6. (a) The principal or the principal's designee may remove a student to an interim alternative educational setting for not more than forty-five (45) instructional days without regard to whether the behavior is determined to be a manifestation of the student's disability, if the student: (b) The public agency must do the following: (c) A manifestation determination must be conducted as specified in section 5 of this rule. However, if the student's conduct is determined to be a manifestation of the student's disability, the student remains in the interim alternative education educational setting. (d) The student's CCC must determine the interim alternative educational setting and appropriate services needed to enable the student to do the following: (e) The parent of a student with a disability may challenge the interim alternative education educational placement by requesting one (1) of the following: (f) The department of education state educational agency shall arrange for an expedited hearing under 511 IAC 7-45-10. The student's placement during an expedited due process hearing is governed by section 8 of this rule. (g) In reviewing a decision under this section to place the student in an interim alternative educational setting, the independent hearing officer may return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of this rule. (h) For purposes of this section, a school function includes a function that is sponsored, funded, hosted, staffed, or managed by a public agency. Sec. 1.5. (a) In order to protect the confidentiality of personally identifiable student information, attorneys representing a student, parent, public agency, or any other party in connection with a complaint, mediation, or due process hearing must utilize the state educational agency's secure electronic filing system for submitting documents or pleadings, and to ensure secure service to the: (b) Pro se parents and complainants are encouraged, but not required, to utilize the secure electronic filing system. If the electronic filing system is not used, a pro se parent or complainant may submit documentation or pleadings by facsimile transmission or first class mail. (c) No correspondence, documents, or pleadings are to be sent by electronic mail, and electronic mail will not be accepted by the state educational agency, complaint investigators, or independent hearing officers in connection with a dispute resolution process. Sec. 2. (a) A request for mediation may be initiated by either the parent or the public agency, but the mediation process cannot begin unless both parties agree to participate. The purpose of mediation is to offer both a parent and a public agency the opportunity to resolve disputes and reach a mutually acceptable agreement using an impartial mediator. Mediation is voluntary, may be initiated by either the parent or the public agency, and requires the agreement of both the parent and the public agency to begin the process. It may be terminated by either party at any time during the mediation process. Mediation may be requested to resolve disputes regarding any of the following: (b) Mediation may occur prior to or concurrent with a request for a due process hearing. A request for mediation shall not: (c) The division of special education shall bear the cost of the mediation process. (d) Persons who serve as mediators shall: (e) The division of special education shall do the following: (f) Each session in the mediation process shall be: (g) If the parties resolve a dispute through the mediation process, the parties must execute a legally binding written mediation agreement that sets forth the parties' resolution. The written mediation agreement must: (h) A written, signed mediation agreement under this section is enforceable in any a state court of competent jurisdiction or in a district court of the United States. Discussions that occur during the mediation process: (i) In addition to the enforcement mechanisms is in subsection (h), a written, signed mediation agreement under this section is enforceable through parent may utilize the complaint process in section 1 of this rule to allege the public agency is not implementing the mediation agreement. However, use of the complaint process: (j) A public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested party who: Sec. 3. (a) A parent, a public agency, or the state educational agency may initiate a due process hearing that is conducted by an independent hearing officer when there is a dispute regarding any of the following: (b) A request for a due process hearing and for the appointment of an independent hearing officer shall: (c) The due process hearing request must allege a violation that occurred not more than two (2) years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process hearing request unless the parent was prevented from filing a due process hearing request due to: (d) The state superintendent of public instruction secretary of education shall appoint the independent hearing officer. When a due process hearing request is received, the department of education state educational agency shall send the public agency and the parent a: (e) The public agency must inform the parent of the availability of free or low cost legal and other relevant services available in the area if: (f) Due process timelines begin upon the opposing party's receipt of the due process hearing request. Sec. 4. (a) A party may not have a hearing on the issues contained in a due process hearing request until the: (b) The due process hearing request must be deemed sufficient unless the party receiving the due process hearing request notifies the hearing officer and the other party in writing that the request does not meet the requirements set forth in section 3(b) of this rule. An allegation that the due process hearing request is insufficient must: (c) Within five (5) calendar days of receipt of notification that a party believes a due process hearing request is insufficient, the independent hearing officer must: (d) For reasons other than a determination of insufficiency, a party may amend its due process hearing request only if the: (e) If a party files an amended due process hearing request, the: (f) If the due process hearing request is: Sec. 5. (a) The party receiving the due process hearing request must, within ten (10) calendar days of receiving the due process hearing request, send to the other party a response that specifically addresses the issues raised in the due process hearing request. (b) If the party receiving the due process hearing request is the public agency and it has not sent written notice in accordance with 511 IAC 7-40-4(e) or 511 IAC 7-42-7 to the parent regarding the subject matter contained in the parent's due process request, the public agency must, within ten (10) calendar days of receiving the due process hearing request, send a response to the parent that includes the following: (c) If the party receiving the due process hearing request is the public agency, it shall provide the parent and the hearing officer with a copy of each IEP developed and report of each educational evaluation conducted by the public agency during the two (2) years immediately preceding the filing of the hearing request. If the public agency did not conduct an educational evaluation within the two (2) year period, it shall provide a copy of the report from the most recent educational evaluation conducted regardless of the time period. (c) (d) A response by the public agency under subsection (b) shall not be construed to preclude the public agency from asserting, when appropriate, that the parent's due process request was insufficient under section 4 of this rule. Sec. 6. (a) Within fifteen (15) calendar days of receiving notice of the parent's due process hearing request, and prior to the initiation of a due process hearing, the public agency must convene a meeting with the parent and the relevant members of the CCC who have specific knowledge of the facts identified in the due process hearing request, as determined by the parent and the public agency. The parent and the public agency determine their respective appointees of the CCC to attend the meeting. (b) A public agency does not have to convene a resolution meeting if the due process hearing request was made by the public agency. (c) The purpose of the resolution meeting is for the parent to discuss the: (d) The resolution meeting need not be held if the parents and the public agency agree: (e) The resolution meeting: (f) If the public agency has not resolved the dispute that is the basis for the due process hearing request to the satisfaction of the parent within thirty (30) days of the receipt of the due process hearing request, the forty-five (45) day due process hearing timeline described in section 7 of this rule will commence. The forty-five (45) day timeline also commences the day after each of the following events: (g) Except as provided in subsection (f), the failure of the parent requesting a due process hearing to participate in the resolution meeting will delay the timelines for the: (h) The public agency must keep a record of its attempts to secure the participation of the parent in the resolution meeting, such as the following: (i) If the public agency is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented in accordance with subsection (h), the public agency may, at the conclusion of the thirty (30) day period in subsection (f), request that a hearing officer dismiss the parent's due process hearing request. (j) If the public agency fails to hold or participate in the resolution meeting specified in subsection (a) within fifteen (15) days of receiving notice of a parent's due process hearing request, the parent may seek the intervention of a hearing officer to begin the forty-five (45) calendar day due process hearing timeline. (k) If resolution to the dispute is reached at the resolution meeting, the parties must execute a legally binding agreement that is: (l) If the parties execute an agreement as a result of a resolution meeting held in accordance with subsection (a), a party may void the agreement by notifying the other person in writing within three (3) business days of the agreement's execution. (m) In addition to the enforcement mechanisms in subsection (k)(2), a written, signed resolution agreement under this section is enforceable through parent may utilize the complaint process in section 1 of this rule to allege the public agency is not implementing the agreement. However, use of the complaint process: Sec. 6.5. (a) An initial prehearing conference shall be conducted as follows: (b) An independent hearing officer shall address the following matters at the initial prehearing conference: (c) The independent hearing officer shall identify the parties and their representatives, and obtain mailing addresses, fax numbers, and other contact and service information. If a party is represented by more than one (1) attorney, that party must designate one (1) attorney to serve as the lead attorney. Only the calendar of the lead attorney, and not multiple attorneys, needs to be consulted for scheduling. (d) The independent hearing officer shall advise the parties of their rights as set forth in section 7(d) and 7(e) of this rule. (e) A party may seek an order compelling discovery. The independent hearing officer shall not grant the order unless: (f) Whenever a prehearing conference is conducted, the independent hearing officer shall issue a prehearing order incorporating the matters determined at the prehearing conference. Sec. 7. (a) If the a due process hearing is requested by the a public agency: (b) If the due process hearing is requested by a parent, the hearing shall be conducted, a final written decision reached, and a copy of the written decision served electronically or mailed to each of the parties not later than forty-five (45) calendar days after: (c) An independent hearing officer may grant specific extensions of time beyond the forty-five (45) day timeline at the request of either party. Any An extension of time granted by the independent hearing officer shall be: (d) Any Each party to a due process hearing has the right to the following: (e) A parent, or the parent's representative, involved in a due process hearing has the right to the following: (f) The independent hearing officer has the discretion and authority to do the following: (g) The party requesting the due process hearing may not raise issues at the hearing that were not raised in the due process hearing request unless the other party agrees otherwise. However, nothing in this rule shall be construed to preclude a party from filing a separate due process hearing request on an issue separate from the due process hearing already requested. (h) At least five (5) business days prior to the hearing, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing. A hearing officer may bar any a party that fails to comply with this subsection from introducing the relevant evaluation or recommendation at the hearing without consent of the other party. (i) The party requesting the due process hearing: (j) The independent hearing officer shall render a written or, at the option of the parents, an electronic decision. The decision shall be dated and must include the following: (k) The decision of the independent hearing officer shall be based solely upon the oral and written evidence presented at the hearing. In addition, an independent hearing officer's determination of whether a student received a free appropriate public education must be based on substantive grounds. In matters alleging a procedural violation, an independent hearing officer may find that a student did not receive a free appropriate public education only if the procedural inadequacies: (l) Nothing in subsection (k) shall be construed to preclude an independent hearing officer from ordering a public agency to comply with procedural requirements under this rule and 511 IAC 7-37. (m) The independent hearing officer shall serve the decision electronically to parties in the electronic filing system. If a party is not accessing the electronic filing system, the independent hearing officer shall mail a copy of the hearing decision via certified mail, return receipt requested, to each party involved in the hearing. The independent hearing officer's decision is a final order unless a petition for judicial review is filed as described in section 9 of this rule. (n) Any Each party involved shall have thirty (30) calendar days from the date the independent hearing officer's written decision is received to: (o) A verbatim transcript of the hearing shall be made. The independent hearing officer is responsible for: (p) Due process hearings under this section shall be: (q) The public agency shall bear all costs pertaining to the conduct of a hearing whether or not a hearing is ultimately held, including transcription and hearing officer fees and expenses. Funds under Part B of the Individuals with Disabilities Education Act may be used to pay the costs of conducting the hearing, but the funds shall not be used to pay attorney's fees or costs of a party. (r) Class action due process hearings are not permitted. If the parties and the independent hearing officer agree to a 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. (s) 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 independent hearing officer shall determine the student's placement as a preliminary matter to the conduct of the due process hearing. (t) If the issue of the proceedings involves initial enrollment in a public school for a student who is transitioning from Part C of the Individuals with Disabilities Education Act to Part B of the act, and the student is no longer eligible for Part C services because the student has become three (3) years of age, the public agency is not required to provide the Part C services that the child had been receiving. If the: (u) Except as provided in 511 IAC 7-44-8, the student shall remain in the student's current educational placement during a due process hearing or judicial proceeding unless the parties agree otherwise. If the: (v) The division of special education shall maintain the following for the duration of the hearing and any subsequent civil action: (w) The division of special education shall, after deleting personally identifiable information from copies of the due process hearing findings, conclusions, and orders, do the following: Sec. 8. (a) A person who may be appointed as an independent hearing officer must: (b) A person who otherwise qualifies as an independent hearing officer is not considered an employee of the public agency solely because the person is paid by the public agency to serve as an independent hearing officer. The division of special education shall maintain a current list of the persons who serve as independent hearing officers, including information on the qualifications of those persons. Sec. 10. (a) An expedited due process hearing will be conducted in the following situations: (b) An expedited due process hearing shall be conducted under IC 4-21.5-3 and sections 3 through 8 of this rule, except that: (c) An expedited due process hearing must be conducted by an independent hearing officer who meets the requirements under section 8 of this rule. (d) Any A party who disagrees with the independent hearing officer's decision in an expedited due process hearing may file a petition for review of the decision in accordance with section 9 of this rule. (e) At any time after the initiation of an expedited due process hearing the parties may agree to waive the requirements of the expedited process and proceed under sections 3 through 6 of this rule for a due process hearing. Sec. 1. (a) On December 1 of each year, each public agency must count the number of students: (b) The department of education state educational agency must do the following: (c) The child count report must include the following: (d) The following students must not be included in the child count report to the United States Secretary of Education: (e) The department of education state educational agency must do the following: (f) The department of education state educational agency must collect and report annually required data to the United States Secretary of Education. The data that is publicly reported by the department of education state educational agency must be reported in a manner that does not result in disclosure of data identifiable to individual students. Sec. 1. (a) To the extent that state funds are appropriated, the state superintendent of public instruction secretary of education is authorized, under IC 20-35-6-2, to enter into contracts to fund the excess costs of educating students whose disabilities are of such an intensity as to preclude achievement in the existing local public school setting. Excess cost funding may pay for services that include, but are not limited to, the following: (b) The division of special education must establish an application process described in a procedure manual that includes requirements for applications of excess cost funding. The division is authorized to revise the procedure manual as needed. (c) A school corporation of legal settlement or a charter school may apply to the division of special education for excess cost funding when a student's CCC has determined, in accordance with 511 IAC 7-42, that a student requires services involving excess costs. However, nothing in this rule restricts a public agency from utilizing its own resources to pay for excess costs. (d) When an application for funding of excess costs has been approved, in whole or in part, the superintendent of public instruction secretary of education will contract, as authorized by IC 20-35-6-2, or arrange an interagency transfer of funds, to pay for excess costs. The school corporation of legal settlement or the charter school must pay a share of the excess costs consisting of its per capita cost of general education, its paraprofessional rate, or transfer tuition. Approval of an application for excess cost funding cannot be retroactive, and expenses incurred prior to the date of approval are not eligible for reimbursement. Sec. 2. (a) The division of special education's denial of an application for excess cost funding is a denial of funding, not a denial of services. The division of special education's denial is not a disagreement with a student's CCC regarding appropriate services for the student or the provision of a free appropriate public education. A denial means that the application did not: (b) When an application for excess cost funding is denied, in whole or in part, by the division of special education, the school corporation of legal settlement or the governing body of the charter school may appeal the denial by requesting a hearing. As follows, the hearing request must: (c) Upon receipt of a hearing request, the superintendent of public instruction secretary of education must select three (3) employees from the department of education to serve on the hearing appeals panel, designating one (1) member of the panel to serve as the panel's chairperson. Members of the panel cannot be from the division of special education. (d) A hearing must be scheduled before the hearing appeals panel within thirty (30) calendar days from the receipt of the request by the superintendent of public instruction secretary of education. The hearing appeals panel chairperson must give at least ten (10) calendar days notice of the hearing date, time, and location to the party appealing the denied application. (e) The appealing party and the department of education must submit six (6) copies of written materials to the hearing appeals panel not later than five (5) days prior to the hearing. (f) At the hearing, the parties may: (g) If the appealing party or authorized representative fails to appear at the designated date, time, and location of the hearing, the: (h) Not later than ten (10) calendar days after the hearing, the hearing appeals panel must issue a written decision, including findings of fact and reasons for the decision. The written decision must be sent by certified mail to the party appealing the denial of application. (i) If the hearing appeals panel does not rescind the division of special education's denial of application, the applicant may appeal to a civil court of competent jurisdiction within thirty (30) calendar days of the applicant receiving the decision of the hearing appeals panel. Sec. 1. This rule applies to the following: Sec. 2. The following definitions apply throughout this rule: Sec. 4. (a) Within ten (10) instructional days after a choice scholarship student with a disability enrolls in the choice school, the choice school shall convene a meeting with the parent of the choice scholarship student and school staff to: (b) The CSEP shall be in writing and, at a minimum, include the following components: (c) The CSEP shall include statements to inform the parents of the following: (d) A parent may request a meeting at any time to review the CSEP. The choice school shall convene a meeting to review the CSEP within a reasonable time after receiving the request. (e) For any a choice scholarship student with a disability returning to the choice school, the student's previous year's CSEP shall be reviewed within ten (10) instructional days of the start of the school year to inform the planning and development of a CSEP for the current school year if the student selects the choice school as the special education service provider for the current year. Sec. 10. (a) A school corporation must consider all eligible parentally-placed nonpublic students with disabilities, including choice scholarship students, when determining how it will expend its proportionate share of federal special education funds on services to parentally-placed nonpublic students with disabilities. (b) A school corporation within whose boundaries the choice school is located may, but is not required to, choose to expend part of the proportionate share of federal special education funds on services to choice scholarship students. (c) The school corporation within whose boundaries the choice school is located is not required to provide special education and related services for any choice scholarship student with a disability who has designated the choice school to provide the student's special education services as described in IC 20-51-4-4.5, unless consent was subsequently revoked for the implementation of the CSEP. (d) For students with disabilities who have been unilaterally enrolled by their parents in a choice school but who are not choice scholarship students, the school corporation must comply with the requirements of 511 IAC 7-34. (e) The school corporation's child find responsibilities related to students who have been unilaterally enrolled by their parents in a choice school is subject to 511 IAC 7-34. Sec. 1. This rule applies to the following: Sec. 2. The following definitions apply throughout this rule: Sec. 3. (a) The parent of an eligible student or an emancipated eligible student has the option to either accept or decline the offer of special education and related services offered under a service plan by the public agency where the student's nonpublic school is located. If the parent accepts the offer of special education and related services under the service plan, the service plan must be implemented by the public agency and the CCC must convene at least annually in accordance with 511 IAC 7-34. (b) If the parent of an eligible student or an emancipated eligible student declines the offer of special education and related services under the service plan or if the eligible student is not receiving services from a school that necessitates the creation of a service plan under subsection (a), the parent or emancipated eligible student must request the student's school corporation of legal settlement (SCOLS) to convene the CCC to develop an IEP. The SCOLS shall convene the CCC upon the parent's request. (c) The IEP developed under subsection (b) becomes the ESA service plan for a student with an ESA account who has declined services under a service plan. The ESA service plan must contain a statement specifying the following: Sec. 4. (a) The education scholarship student must be reevaluated at least once every three (3) years in accordance with 511 IAC 7-40-8 to determine continued eligibility. When the parent of an eligible student or an emancipated eligible student applies for a renewal of the ESAs, the treasurer of state shall provide notice of this requirement to the parent or student, and the student's school corporation of legal settlement, to ensure the student is aware that they must be reevaluated at least every three (3) years. (b) The parent of an eligible student or an emancipated eligible student shall provide to the SCOLS data on the student's progress toward the student's goals, assessment data, or other information from participating entity providers as part of the reevaluation process. (c) To the extent not inconsistent with this section, the reevaluation procedures of 511 IAC 7-40-8 must be followed. Consent of the parent of an eligible student or an emancipated eligible student is required before the student can be reevaluated. If consent is not provided, then the SCOLS cannot develop a new IEP for the education scholarship student. (d) The SCOLS shall convene the CCC to consider the results of the reevaluation. Data and information provided by the parent of an eligible student or an emancipated eligible student and a service provider shall also be considered by the CCC in determining continued eligibility and developing subsequent IEPs for eligible students. (e) The parent of an eligible student or an emancipated eligible student is encouraged to invite participating entities to participate in the CCC meeting to discuss the student's present levels of educational performance as the CCC develops measurable goals, identifies special education and related services, and testing accommodations required for the student. Sec. 5. (a) An education scholarship student's enrollment in a public school terminates the student's ESA account. Upon enrollment in a public school, the public school, in consultation with the student's parent, must immediately provide the student with services comparable to those described in the student's ESA service plan initially offered under section 3 of this rule until the public school develops, adopts, and implements an IEP that meets the requirements of 511 IAC 7-42. The CCC must be convened within ten (10) instructional days of enrollment of a student who had been receiving services through an educational scholarship account education service plan. (b) Upon enrollment in a public school, the parent of an eligible student or an emancipated eligible student, as well as the public school, shall immediately notify the treasurer of state, and the public school shall immediately notify the department, of the student's enrollment in a public agency. (c) The treasurer of state shall notify the parent of the termination of the ESA account upon the enrollment of the student in a public school.