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

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

Sec. 9. (a) The public agency must hold title to and exercise continuing administrative control of all:

1. (1) property;
2. (2) equipment; and
3. (3) supplies;

the public agency acquires with Part B funds for the benefit of nonpublic school students with disabilities.

(b) The public agency may place equipment and supplies in a nonpublic school for the period of time needed to provide special education and related services. The public agency must ensure that the equipment and supplies:

1. (1) are used only for the provision of special education and related services; and
2. (2) can be removed from the nonpublic school without remodeling the nonpublic school facility.

(c) The public agency must remove equipment and supplies from a nonpublic school if:

1. (1) the equipment and supplies are no longer needed for the provision of special education and related services; or
2. (2) removal is necessary to avoid unauthorized use of the equipment and supplies for other than the provision of special education and related services.

(d) No Part B funds may be used for:

1. (1) repairs;
2. (2) minor remodeling; or
3. (3) construction;

of nonpublic school facilities.

(Indiana State Board of Education; 511 IAC 7-34-9; 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)