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

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

Sec. 5. (a) After consulting with nonpublic school representatives and representatives of parents as described in section 4 of this rule, the public agency must make final decisions with respect to the services that will be provided to nonpublic school students with disabilities.

(b) If the public agency, when making final decisions in subsection (a), disagrees with the views of the nonpublic school officials on the provision of services or the types of services, whether provided directly or through a contract, the public agency must provide to the nonpublic school officials a written explanation of the reasons why the public agency chose not to accept the recommendations of the nonpublic school officials.

(c) For each parentally-placed student in a nonpublic school that has been determined eligible to receive special education and related services from the public agency, the public agency must initiate and conduct a CCC meeting to develop or review and revise a service plan. A service plan must describe the specific special education and related services that the public agency will provide to the student in light of the services that the public agency has determined, through the consultation process described in section 3 [section 4] of this rule, it will make available to parentally-placed nonpublic school students with disabilities. The public agency must obtain written consent from the parent before the initial provision of special education services. If the student previously received special education, the public agency must implement the proposed service plan unless:

1. (1) the parent specifically declines the services;
2. (2) the student has received a choice scholarship and the parent has elected to have the choice school provide special education and related services; or
3. (3) the student has an education scholarship account, and the parent has declined the service plan and elected to arrange for the provision of special education and related services as identified in the education scholarship account education service plan developed under rule 50 of this article [511 IAC 7-50].

A CCC meeting required under this subsection must be initiated and conducted at least annually for parentally-placed students with disabilities who are receiving services from the public school under a service plan.

(d) When conducting a CCC meeting to develop or review and revise a service plan, the public agency must comply with the following:

1. (1) 511 IAC 7-42-2 regarding notice of CCC meetings.
2. (2) 511 IAC 7-42-3 regarding CCC participants, which requires the public agency to ensure that a representative of the nonpublic school attend the CCC meeting. If the representative cannot attend, the public agency must use other methods to ensure participation of the representative, such as individual or conference telephone calls.

(e) Parentally-placed nonpublic school students with disabilities may receive a different amount of services under a service plan than public school students receive under an IEP. However, a service plan must include the following:

1. (1) A statement of the student's present levels of educational performance.
2. (2) A statement of measurable annual goals describing what the student can be expected to accomplish within a twelve (12) month period.
3. (3) A statement of the special education and related services, and supplementary aids and services, to be provided to the student or, on behalf of the student, by the public agency, or supports for school personnel that will be provided.
4. (4) If applicable, a statement regarding the student's participation in statewide or district assessments, including documentation of any appropriate testing accommodations that will be utilized by the student, according to the requirements in 511 IAC 7-36-10.
5. (5) The projected dates for initiation of services by the public agency and the anticipated length, frequency, location, and duration of services.
6. (6) A statement of the student's progress toward annual goals, including how the parents will be informed of the progress.

(f) Special education and related services provided by the public agency to parentally-placed nonpublic school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools.

(g) If a student is enrolled, or is going to enroll, in a nonpublic school outside of the student's school district of legal settlement, parental consent, as defined in 511 IAC 7-32-17, must be obtained before any personally identifiable information about the student is released between public agency officials in the school district of legal settlement and the school district where the nonpublic school is located.

(Indiana State Board of Education; 511 IAC 7-34-5; 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)