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

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

Sec. 1. (a) The public agency shall establish, maintain, and implement written procedures that ensure the location, identification, and evaluation of all students three (3) years of age, but less than twenty-two (22) years of age, who are in need of special education and related services, regardless of the severity of their disabilities, including students who:

1. (1) have legal settlement within the jurisdiction of the public agency;
2. (2) attend a nonpublic school, are served by an agency, or live in an institution located within the jurisdiction of the public agency;
3. (3) are homeless students as defined at 511 IAC 7-32-46;
4. (4) are wards of the state;
5. (5) are highly mobile students, including migrant students; and
6. (6) are suspected of being students with disabilities in need of special education even though they are advancing from grade to grade.

(b) A charter school that is not part of a public school corporation shall establish, maintain, and implement written procedures that ensure the location, identification, and evaluation of all students attending the charter school who are in need of special education and related services, regardless of the severity of their disabilities.

(c) Public agencies, and charter schools that are not part of public school corporations, must develop and implement a practical method to determine which students are currently receiving needed special education and related services.

(Indiana State Board of Education; 511 IAC 7-40-1; 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)