Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-26-10; IC 20-35-5; IC 36-1-7

Sec. 2. (a) Public school corporations, charter schools, and other public agencies shall provide a free appropriate public education to students who:

1. (1) are at least three (3) years of age through the school year in which students become twenty-two (22) years of age, unless a CCC determines that a student will leave school earlier;

2. (2) are identified as disabled under this article, including students who:

   1. (A) are advancing from grade to grade; or
   2. (B) have been suspended or expelled from school to the extent required by 511 IAC 7-44-1 and 511 IAC 7-44-2;
3. (3) have not completed high school graduation requirements and received a high school diploma as defined in 511 IAC 6-7.1-1(e); and
4. (4) are not parentally-placed in a nonpublic school.

(b) Unless a student graduates with a high school diploma, the right to a free appropriate public education ends at the conclusion of the school year in which the student becomes twenty-two (22) years of age. However, the CCC may determine that the student will leave school earlier.

(c) Special education programs shall include the following:

1. (1) Elementary school programs.
2. (2) Secondary school programs.
3. (3) Early childhood programs for students who are at least three (3) years of age, but who are not enrolled in kindergarten.

(d) Public school corporations and charter schools may provide special education programs through a variety of arrangements, including, but not limited to, the following:

1. (1) An individual school corporation or charter school that is a special education planning district.

2. (2) Two (2) or more school corporations or charter schools that, together, are a special education planning district authorized by any of the following:

   1. (A) The Joint Service and Supply Act, IC 20-26-10.
   2. (B) The Special Education Cooperatives Act, IC 20-35-5.
   3. (C) The Interlocal Cooperation Act, IC 36-1-7.
   4. (D) Any other cooperative arrangement permitted by law.
3. (3) A transfer tuition agreement.

4. (4) A contract for certain:

   1. (A) related services; or
   2. (B) educational services or related services, or both, for early childhood programs.

(Indiana State Board of Education; 511 IAC 7-33-2; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)