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LSA 23-504

Rulemaking Docket


Date (“E”) for estimated future date


LSA document number LSA Document Number: 23-504
Description of rule

The proposed rule adds 511 IAC 4-1.5-9 concerning instruction for students with injuries and temporary or chronic illnesses; adds 511 IAC 4-1.5-10 concerning medication administration; adds 511 IAC 6-7.1-12 concerning authority to award locally developed certificates; amends 511 IAC 7-32-32 to add a definition for "Educational surrogate parent"; amends 511 IAC 7-32-40 to add a definition for “Free appropriate public education”; amends 511 IAC 7-32-52 to add a definition for "Institution of higher education"; adds 511 IAC 7-32-103.5 to add a definition for “Virtual instruction”; amends 511 IAC 7-34-1 concerning special education and related services for parentally-placed students in nonpublic schools; amends 511 IAC 7-34-3 concerning educational evaluations for parentally-placed nonpublic school students attending nonpublic schools outside the school corporation of legal settlement; amends 511 IAC 7-34-4 concerning consultation with nonpublic school representatives and representatives of parents; amends 511 IAC 7-34-5 concerning decisions regarding services provided by the public agency and service plans; amends 511 IAC 7-34-6 concerning due process hearings and complaints; amends 511 IAC 7-34-7 concerning requirements pertaining to Part B funds; amends 511 IAC 7-35-2 concerning supports for public agency personnel; amends 511 IAC 7-36-10 concerning state and local assessments; amends 511 IAC 7-40-2 concerning comprehensive and coordinated early intervening services; amends 511 IAC 7-40-3 concerning educational evaluations in general; amends 511 IAC 7-40-5 concerning conducting an initial educational evaluation; amends 511 IAC 7-40-7 concerning independent educational evaluation; amends 511 IAC 7-40-8 concerning reevaluation; adds 511 IAC 7-40-9 concerning notice by electronic mail; amends 511 IAC 7-41-9 concerning multiple disabilities; amends 511 IAC 7-42-3 concerning case conference committee participants; amends 511 IAC 7-42-6 concerning developing an individualized education program; amends 511 IAC 7-42-8 concerning implementation and termination of individualized education programs; amends 511 IAC 7-42-9 concerning review and revision of the individualized education program; amends 511 IAC 7-42-10 concerning least restrictive environment and delivery of special education and related services; amends 511 IAC 7-42-11 concerning instruction for student at student's home or alternative setting; adds 511 IAC 7-42-16 concerning notice by electronic mail; amends 511 IAC 7-43-1 concerning related services; amends 511 IAC 7-43-4 concerning transition individualized education program; amends 511 IAC 7-43-7 concerning summary of performance; amends 511 IAC 7-44-1 concerning removals and services in general; amends 511 IAC 7-44-2 concerning disciplinary change of placement; amends 511 IAC 7-44-3 concerning removals of more than 10 cumulative days that do not result in a change of placement; amends 511 IAC 7-44-4 concerning removals of more than 10 consecutive days or 10 cumulative days that results in a chance of placement; amends 511 IAC 7-44-6 concerning interim alternative educational setting; weapons, drugs, and serious bodily injury; adds 511 IAC 7-45-0.5 concerning dispute resolution; amends 511 IAC 7-45-2 concerning mediation; amends 511 IAC 7-45-3 concerning due process hearing requests; amends 511 IAC 7-45-4 concerning sufficiency of the request for a due process hearing; amends 511 IAC 7-45-5 concerning responding to the request for a due process hearing; amends 511 IAC 7-45-6 concerning the resolution process; adds 511 IAC 7-45-6.5 concerning prehearing procedures; amends 511 IAC 7-45-7 concerning conducting the hearing; amends 511 IAC 7-45-8 concerning independent hearing officer qualifications; amends 511 IAC 7-45-10 concerning expedited due process hearings and petition for judicial review; amends 511 IAC 7-46-1 concerning federal child count procedures; amends 511 IAC 7-47-1 concerning application from school corporation of legal settlement or charter school; amends 511 IAC 7-47-2 appeal from denial of application; amends 511 IAC 7-49-2 to add a definition of “Local school corporation”; Amends 511 IAC 7-49-4 concerning the Choice special education plan; amends 511 IAC 7-49-10 concerning proportionate share; adds 511 IAC 7-50 concerning the Indiana Education Scholarship Account Education Service Plan. The proposed rule also repeals 511 IAC 7-32-67, 511 IAC 7-32-103, and 511 IAC 7-42-12.

Notice of intent 06-21-2023 http://iac.iga.in.gov/iac//20230621-IR-511230504NIA.xml.pdf
Proposed rule 10-04-2023 http://iac.iga.in.gov/iac//20231004-IR-511230504PRA.xml.pdf
Public hearing notice
(publication date)
10-04-2023 http://iac.iga.in.gov/iac//20231004-IR-511230504PHA.xml.pdf
Economic impact statement 10-04-2023 http://iac.iga.in.gov/iac//20231004-IR-511230504EIA.xml.pdf
Public hearing date and location 10-26-2023

The Public Hearing will be held on 10/26/2023 at 2:00pm EST at the Indiana Government Center South, 302 West Washington Street, Conference Room 1 (Wabash Hall), Indianapolis, Indiana.

IEDC comments
OSBE comments
Deadline for comments 10-26-2023
Submit comments Online

Please submit comments to William H. Ottensmeyer, Staff Attorney, Office of Legal Affairs, Indiana Department of Education via email to wottensmeyer1@doe.in.gov

Mailing address for comments
Comments may be inspected at this location

100 N Senate Ave, 9th Floor
Indianapolis, IN 46204

Request for public hearing
Other notices


Relevant scientific and technical findings
Adoption of final rule 12-06-2023


Submitted to Attorney General


Deadline for Attorney General action


Returned by Attorney General
Recalled by agency
Submitted to Governor
Deadline for Governor’s action (may be extended an additional 15 days)


Final rule filed with the Indiana Register
Final rule published in the Indiana Register
Effective date of rule


Additional information
For additional information, contact