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

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

Sec. 4. (a) The length of the instructional day for elementary and secondary students with disabilities shall be the same as the instructional day for nondisabled elementary and secondary students, respectively, in the same school building, unless the CCC:

1. (1) determines the length of the student's instructional day should be different; and
2. (2) documents the justification in the written notice described in 511 IAC 7-42-7.

(b) The school calendar of the school corporation or charter school providing the special education program shall be followed when the calendars of the providing school corporation or charter school and the school corporation of legal settlement or charter school differ. Unless otherwise provided, the school corporation of legal settlement or charter school is responsible to provide for transportation necessary to enable students to attend school on days when the providing school corporation or charter school is in attendance but the school corporation of legal settlement or charter school is not in attendance.

(c) Extended school year services are special education and related services that:

1. (1) are provided to a student with a disability:

   1. (A) beyond the public agency's school calendar or instructional day;
   2. (B) in accordance with the student's IEP; and
   3. (C) at no cost to the parent of the student; and
2. (2) meet the standards of the department of education.

(d) Each public agency:

1. (1) must:

   1. (A) ensure that extended school year services are available as necessary to provide free appropriate public education; and
   2. (B) provide extended school year services only if a student's CCC determines, on an individual basis, in accordance with 511 IAC 7-42-6 or 511 IAC 7-42-9, that the services are necessary for the provision of free appropriate public education for the student; and

2. (2) may not:

   1. (A) limit extended school year services to particular categories of disability; or

   2. (B) unilaterally limit the:

      1. (i) type;
      2. (ii) amount; or
      3. (iii) duration;
   3. of those services.

(Indiana State Board of Education; 511 IAC 7-36-4; 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)