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

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

Sec. 1. (a) Autism spectrum disorder is a lifelong developmental disability that includes autistic disorder, Asperger's syndrome, and other pervasive developmental disorders, as described in the current version of the American Psychiatric Association's Diagnostic Statistical Manual of Mental Disorders. The disability is generally evident before three (3) years of age and significantly affects verbal, nonverbal, or pragmatic communication and social interaction skills and results in an adverse effect on the student's educational performance. Other characteristics often associated include the following:

1. (1) Engagement in:

   1. (A) repetitive activities; and
   2. (B) stereotyped movements.

2. (2) Resistance to:

   1. (A) environmental change; or
   2. (B) change in daily routines.
3. (3) Unusual responses to sensory experiences.

(b) Autism spectrum disorder does not apply if a student's educational performance is adversely affected primarily by:

1. (1) an emotional disability;
2. (2) blindness or low vision;
3. (3) deaf-blindness; or
4. (4) an intellectual disability;

unless the characteristics of autism spectrum disorder are demonstrated to a greater degree than is normally attributed to these disabilities.

(c) Eligibility for special education as a student with autism spectrum disorder shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e) and 511 IAC 7-40-5(f), which includes the following:

1. (1) An assessment of the following:

   1. (A) Current academic achievement as defined at 511 IAC 7-32-2.
   2. (B) Functional skills or adaptive behavior across various environments from multiple sources.

   3. (C) The student's receptive, expressive, pragmatic, and social communication skills that must include at least one (1) of the following:

      1. (i) An individually administered norm-referenced assessment when appropriate for the student.

      2. (ii) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

         1. (AA) has been designed or may be adapted or modified for use with students who have autism spectrum disorder; and
         2. (BB) is administered by a professional or professionals with knowledge of assessment strategies appropriate for the student.
   4. (D) An assessment of motor skills and sensory responses.

2. (2) A social and developmental history that may include, but is not limited to, the following:

   1. (A) Communication skills.
   2. (B) Social interaction skills.
   3. (C) Motor skills.
   4. (D) Responses to sensory experiences.
   5. (E) Relevant family and environmental information.
   6. (F) Patterns of emotional adjustment.
   7. (G) Unusual or atypical behaviors.
3. (3) A systematic observation of the student across various environments.

4. (4) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

   1. (A) exclude the disabilities listed in subsection (b);
   2. (B) determine eligibility for special education and related services; and
   3. (C) inform the student's CCC of the student's special education and related services needs.

(Indiana State Board of Education; 511 IAC 7-41-1; 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)