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

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

Sec. 8. (a) Special education and related services provided by a public agency to parentally-placed nonpublic school students, including materials and equipment, must be:

1. (1) secular;
2. (2) neutral; and
3. (3) nonideological.

(b) Special education and related services delivered under this rule must be provided:

1. (1) by employees of a public agency; or

2. (2) through a contract by the public agency with an:

   1. (A) individual;
   2. (B) association;
   3. (C) agency;
   4. (D) organization; or
   5. (E) other entity.

(c) After consulting with nonpublic school representatives and representatives of parents as described in section 3 of this rule, the public agency must make final decisions with respect to where services will be provided. Services to students in nonpublic schools may be provided at:

1. (1) the nonpublic school, including a religious school;
2. (2) the public school; or
3. (3) a neutral site.

(d) If services are provided at the public school or a neutral site and transportation is necessary, the public agency must provide transportation from the:

1. (1) nonpublic school or the student's home to a site other than the nonpublic school; and
2. (2) service site to the nonpublic school or the student's home, depending on the timing of the services.

(e) The public agency may, but is not required to, transport the student from the student's home to the nonpublic school.

(f) The cost of transportation may be included in the calculation of the public agency's proportionate share requirement, as specified in section 7 of this rule.

(Indiana State Board of Education; 511 IAC 7-34-8; 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)