LSA 26-157

The proposed rule is adding and amending rules at 511 IAC 7 to more accurately reflect the requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., 34 CFR Part 300, concerning: the definition of public agency; access to and disclosure of educational records; conducting an initial educational evaluation; the appointment of an educational representative; protections for students not yet eligible for special education and related services; and reevaluation of education scholarship students. Additionally, House Bill 1380, effective July 1, 2024, added IC 20-35-14, granting the office of administrative law proceedings jurisdiction over impartial hearing officers authorized to conduct IDEA hearings. By updating the term “independent hearing officer” to “impartial hearing officer”, the language makes clear that the department of education no longer uses independent contractors to administer IDEA hearings. The proposed rule changes will impact approximately 308 K-12 public school corporations encompassing 1,819 public schools, all nonpublic schools serving education scholarship account students, and 138 public charter schools.

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