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

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

Sec. 2. (a) The division of special education's denial of an application for excess cost funding is a denial of funding, not a denial of services. The division of special education's denial is not a disagreement with a student's CCC regarding appropriate services for the student or the provision of a free appropriate public education. A denial means that the application did not:

1. (1) include required information; or
2. (2) demonstrate eligibility for excess cost funding.

(b) When an application for excess cost funding is denied, in whole or in part, by the division of special education, the school corporation of legal settlement or the governing body of the charter school may appeal the denial by requesting a hearing. As follows, the hearing request must:

1. (1) Be sent to the secretary of education by certified mail within thirty (30) calendar days of the date the division of special education denied the application for excess cost funding. For purposes of this rule, the date of denial by the division of special education is the date when the notice of denial was sent to the applicant.
2. (2) Explain why the application should be approved, including how the application contains the required information necessary to demonstrate eligibility for excess cost funding.

(c) Upon receipt of a hearing request, the secretary of education must select three (3) employees from the department of education to serve on the hearing appeals panel, designating one (1) member of the panel to serve as the panel's chairperson. Members of the panel cannot be from the division of special education.

(d) A hearing must be scheduled before the hearing appeals panel within thirty (30) calendar days from the receipt of the request by the secretary of education. The hearing appeals panel chairperson must give at least ten (10) calendar days notice of the hearing date, time, and location to the party appealing the denied application.

(e) The appealing party and the department of education must submit six (6) copies of written materials to the hearing appeals panel not later than five (5) days prior to the hearing.

(f) At the hearing, the parties may:

1. (1) present evidence:

   1. (A) in writing; and
   2. (B) through witnesses; and
2. (2) be represented by counsel.

The length and order of the presentation will be determined by the hearing appeals panel chairperson.

(g) If the appealing party or authorized representative fails to appear at the designated date, time, and location of the hearing, the:

1. (1) appeal shall be considered closed; and
2. (2) process terminated.

(h) Not later than ten (10) calendar days after the hearing, the hearing appeals panel must issue a written decision, including findings of fact and reasons for the decision. The written decision must be sent by certified mail to the party appealing the denial of application.

(i) If the hearing appeals panel does not rescind the division of special education's denial of application, the applicant may appeal to a civil court of competent jurisdiction within thirty (30) calendar days of the applicant receiving the decision of the hearing appeals panel.

(Indiana State Board of Education; 511 IAC 7-47-2; 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; filed Mar 4, 2024, 10:02 a.m.: 20240403-IR-511230504FRA)