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

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

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 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:

1. (1) Students three (3) years of age through five (5) years of age, unless the student has been unilaterally enrolled by his or her parent in a nonpublic school that meets the definition of an elementary school in 511 IAC 7-32-33.
2. (2) Students with disabilities who have been placed in or referred to a nonpublic school by a public agency.

(d) Each public agency shall, with regard to any nonpublic school, including any religious school or home school, within its boundaries:

1. (1) locate, identify, and evaluate all students with disabilities as specified in 511 IAC 7-40;
2. (2) consult, in accordance with section 3 of this rule, with nonpublic school representatives and representatives of parents of nonpublic school students with disabilities;
3. (3) provide information, as specified in section 2(c) of this rule, to the division of special education related to parentally-placed nonpublic school students covered under this rule; and
4. (4) make available special education and related services to all students with disabilities.

(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.

(Indiana State Board of Education; 511 IAC 7-34-1; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; filed Mar 18, 2019, 2:33 p.m.: 20190417-IR-511180153FRA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA; filed Mar 4, 2024, 10:02 a.m.: 20240403-IR-511230504FRA)