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.

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.

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

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

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https://www.in.gov/sboe/files/LSA-23-504-Memo-Final-Rule-and-Public-Comment-Summary.pdf

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