Authority: IC 20-35-14-6

Affected: IC 4-15-10.5, IC 4-21.5, IC 20-35, IC 20-43

Sec. 1. (a) The amount to be assessed to each school corporation and charter school is calculated as follows:

(1) After July 1, but before August 1, each year, the office will determine the total hearing costs of conducting IDEA hearings for the prior state fiscal year.

(2) Divide the total hearing costs by the statewide ADM for the prior school year, as reported by the department, to determine the amount for each student.

(3) Multiply the quotient determined under subdivision (2) by the weighted ADM count for each school corporation and charter school actively operating for the current fiscal year.

(b) The adjustment for closed school corporations and charter schools is as follows:

(1) If any school corporation or charter school stops operations during or at the end of the prior fiscal year, the department shall exclude the ADM count of closed schools from the statewide ADM used to calculate charges under subsection (a)(2).

(2) The office shall assess the total IDEA hearing costs for the prior fiscal year to the remaining active school corporations and charter schools by recalculating the statewide ADM to include only those schools that remain operational as of July 1 of the current fiscal year. The office will use this recalculated amount for subsection (a)(2).

(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.

(Office of Administrative Law Proceedings; 41 IAC 3-2-1; filed Nov 18, 2025, 2:19 p.m.: 20251217-IR-041250351FRA)