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

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

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 his or her 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 rule 50 [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:

1. (1) The public agency explained the following:

   1. (A) The concept of a free appropriate public education to the student's parent.
   2. (B) That the parent has the right to obtain an offer of a free appropriate public education from the school corporation of legal settlement.
2. (2) As a result of the explanations in subdivision (1), the student's parent chose to have the school corporation of legal settlement conduct the evaluation.

(c) Before any personally identifiable information about a student can be released between officials from the:

1. (1) public agency where the nonpublic school is located; and
2. (2) school district of legal settlement;

the student's parent must provide consent as defined in 511 IAC 7-32-17.

(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:

1. (1) school corporation of legal settlement must make an offer of a free appropriate public education to the student; and
2. (2) public agency must document this offer in the written notice described in 511 IAC 7-42-7.

(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:

1. (1) the educational evaluation;
2. (2) the written notice described in 511 IAC 7-42-7; and
3. (3) any other relevant documents;

to the public agency where the nonpublic school is located, the student's parent must provide consent as defined in 511 IAC 7-32-17.

(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:

1. (1) the educational evaluation;
2. (2) the written notice described in 511 IAC 7-42-7; and
3. (3) any other relevant documents;

to the school district of legal settlement, the parent must provide consent as defined in 511 IAC 7-32-17. After receiving the documents, the school district of legal settlement has ten (10) instructional days to convene the CCC and offer the student a free appropriate public education.

(Indiana State Board of Education; 511 IAC 7-34-3; 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; filed Mar 4, 2024, 10:02 a.m.: 20240403-IR-511230504FRA)