511 IAC 7-34-5 - Decisions regarding services provided by the public agency and service plans
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 5.
(a) After
consulting with nonpublic school representatives and representatives of parents
as described in section 4 of this rule, the public agency must make final
decisions with respect to the services that will be provided to nonpublic
school students with disabilities.
(b) If the public agency, when making final
decisions in subsection (a), disagrees with the views of the nonpublic school
officials on the provision of services or the types of services, whether
provided directly or through a contract, the public agency must provide to the
nonpublic school officials a written explanation of the reasons why the public
agency chose not to accept the recommendations of the nonpublic school
officials.
(c) For each
parentally-placed student in a nonpublic school that has been determined
eligible to receive special education and related services from the public
agency, the public agency must initiate and conduct a CCC meeting to develop or
review and revise a service plan. A service plan must describe the specific
special education and related services that the public agency will provide to
the student in light of the services that the public agency has determined,
through the consultation process described in section 3 [section
4] of this rule, it will make available to parentally-placed nonpublic
school students with disabilities. The public agency must obtain written
consent from the parent before the initial provision of special education
services. If the student previously received special education, the public
agency must implement the proposed service plan unless:
(1) the parent specifically declines the
services;
(2) the student has
received a choice scholarship and the parent has elected to have the choice
school provide special education and related services; or
(3) the student has an education scholarship
account, and the parent has declined the service plan and elected to arrange
for the provision of special education and related services as identified in
the education scholarship account education service plan developed under rule
50 of this article [511 IAC 7-50]
.
A CCC meeting required under this subsection must be initiated and conducted at least annually for parentally-placed students with disabilities who are receiving services from the public school under a service plan.
(d) When
conducting a CCC meeting to develop or review and revise a service plan, the
public agency must comply with the following:
(1)
511 IAC 7-42-2 regarding notice
of CCC meetings.
(2)
511 IAC 7-42-3 regarding CCC
participants, which requires the public agency to ensure that a representative
of the nonpublic school attend the CCC meeting. If the representative cannot
attend, the public agency must use other methods to ensure participation of the
representative, such as individual or conference telephone
calls.
(e)
Parentally-placed nonpublic school students with disabilities may receive a
different amount of services under a service plan than public school students
receive under an IEP. However, a service plan must include the following:
(1) A statement of the student's present
levels of educational performance.
(2) A statement of measurable annual goals
describing what the student can be expected to accomplish within a twelve (12)
month period.
(3) A statement of
the special education and related services, and supplementary aids and
services, to be provided to the student or, on behalf of the student, by the
public agency, or supports for school personnel that will be
provided.
(4) If applicable, a
statement regarding the student's participation in statewide or district
assessments, including documentation of any appropriate testing accommodations
that will be utilized by the student, according to the requirements in
511 IAC 7-36-10.
(5) The projected dates for initiation of
services by the public agency and the anticipated length, frequency, location,
and duration of services.
(6) A
statement of the student's progress toward annual goals, including how the
parents will be informed of the progress.
(f) Special education and related services
provided by the public agency to parentally-placed nonpublic school students
with disabilities must be provided by personnel meeting the same standards as
personnel providing services in the public schools.
(g) If a student is enrolled, or is going to
enroll, in a nonpublic school outside of the student's school district of legal
settlement, parental consent, as defined in
511 IAC 7-32-17, must be obtained
before any personally identifiable information about the student is released
between public agency officials in the school district of legal settlement and
the school district where the nonpublic school is located.
Notes
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