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

Affected: IC 20-19-2; IC 20-35

Sec. 3. (a) The provisions of this article pertaining to student identification, eligibility, 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. (1) The Indiana state department of health.

2. (2) The family and social services administration, including, but not limited to, the following:

   1. (A) The division of disability and rehabilitative services.
   2. (B) The division of mental health and addiction.
3. (3) The department of child services.
4. (4) The department of correction.
5. (5) The Indiana School for the Blind and Visually Impaired.
6. (6) The Indiana School for the Deaf.

7. (7) Any public or private agency providing special education programs for students referred by:

   1. (A) a public school corporation;
   2. (B) a charter school;
   3. (C) the division of special education; or
   4. (D) any other public agency.
8. (8) Any other public agency that contracts with any of the agencies in subdivisions (1) through (6) to provide special education.

(b) The division of special education must, in conjunction with each public agency in subsection (a), develop an interagency agreement or other mechanism for interagency coordination. Interagency agreements or other coordination mechanisms may address educational programs or noneducational programs that provide or pay for services that are considered special education, or both. Interagency agreements or other coordination mechanisms shall include the following as appropriate:

1. (1) Compliance with state and federal special education laws and regulations, including the following:

   1. (A) Data collection and submission.
   2. (B) Program monitoring.
   3. (C) State complaint investigation procedures.
   4. (D) Due process hearings and appeals.

2. (2) Methods of ensuring services, including the following:

   1. (A) Agency financial responsibility, including the responsibility of noneducational divisions and public insurers to provide or pay for services that are also considered special education or related services.
   2. (B) Conditions and terms of reimbursement.
   3. (C) Resolution of interagency disputes, including the provision of services pending resolution of disputes.
   4. (D) Coordination of service procedures.

(c) If a noneducational agency or a public agency other than the local educational agency is otherwise obligated under federal or state law, or assigned responsibility under state policy pursuant to an interagency agreement or other coordination mechanism to provide or pay for any services that are also considered special education or related services, such as, but not limited to:

1. (1) assistive technology services;
2. (2) assistive technology devices;
3. (3) related services;
4. (4) supplementary aids and services; and
5. (5) transition services;

that are necessary for ensuring a free appropriate public education to students with disabilities within the state, the noneducational agency or the public agency must fulfill that obligation or responsibility either directly, through contract, or through other arrangement.

(d) A public agency described in subsection (c) that receives Medicaid reimbursement for service provision may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a public school setting.

(e) If a public agency described in subsection (c) fails to provide or pay for the special education and related services necessary for the provision of a free appropriate public education to a student, the local educational agency must provide or pay for these services in a timely manner. The:

1. (1) local educational agency is authorized to claim reimbursement for the services from the public agency that failed to provide or pay for these services; and
2. (2) public agency must reimburse the local educational agency in accordance with the terms of the interagency agreement or other coordination mechanism described in subsection (b).

(Indiana State Board of Education; 511 IAC 7-33-3; 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)