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

Affected: IC 20-19-2; IC 20-35; IC 20-43-7-2; IC 20-43-7-3

Sec. 2. (a) On December 1 of each year, each public agency must count the number of school age students identified as disabled and receiving a free appropriate public education consistent with the requirements of this article on that date. For purposes of this count, school age students are students who are five (5) years of age and are eligible to be enrolled in kindergarten during the count year and students who become twenty-two (22) years of age during the school year. This count determines the additional state special education funds allocated to the public agency. If December 1 is not a school or program day, the closest instructional day must be used for the count.

(b) The department of education must, not later than February 5 each year, report to the Indiana state budget committee:

1. (1) an unduplicated count of students in programs for:

   1. (A) severe;
   2. (B) mild; and
   3. (C) moderate;
2. disabilities; and
3. (2) a duplicated count for students in programs for communication disorders who are also served in another special education program.

This count determines the amount of additional state special education funds available to public agencies for the operation of special education programs.

(c) The state child count report must include the following:

1. (1) A nonduplicated count of students receiving a free appropriate public education consistent with the requirements of this article in one (1) of the programs for severe disabilities as defined by IC 20-43-7-2. A student may not be included in the nonduplicated count in programs for severe disabilities and in the nonduplicated count in programs for mild or moderate disabilities.
2. (2) A nonduplicated count of students receiving a free appropriate public education consistent with the requirements of this article in one (1) of the programs for mild and moderate disabilities as defined by IC 20-43-7-3. A student may not be included in the nonduplicated count in programs for mild or moderate disabilities and in the nonduplicated count in programs for severe disabilities.
3. (3) A duplicated count of students in programs for communication disorders, even if the student is served in another program.

(d) The state child count report must also include a cumulative count of students who received homebound instruction up to and including December 1 of the current year and each student who received homebound instruction after December 1 of the prior school year. A student may be included in the cumulative count of students in homebound programs even if the student also is included in any of the following:

1. (1) The nonduplicated count in programs for severe disabilities.
2. (2) The nonduplicated count in programs for mild and moderate disabilities.
3. (3) The duplicated count in programs for communication disorders.
4. (4) The state preschool count.

(e) The department of education must do the following:

1. (1) Establish procedures for taking the December 1 count.
2. (2) Set a date by which public agencies must submit the child count report.

3. (3) Obtain certification from each public agency that the child count report submitted by the public agency:

   1. (A) is accurate; and
   2. (B) meets all state reporting requirements.
4. (4) Aggregate the data obtained from each public agency and prepare the required reports in a form that protects personally identifiable information.
5. (5) Ensure that documentation is maintained at the state and local level to audit the accuracy of the count.

(Indiana State Board of Education; 511 IAC 7-46-2; 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)