Section 511 IAC 7-34-4 - Consultation with nonpublic school representatives and representatives of parentsAuthority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 4.
(a) During the design and development of special education and related services for parentally-placed students with disabilities attending nonpublic schools, each public agency must consult with the following: (1) Nonpublic school representatives from the nonpublic schools located in the geographic boundaries of the public agency.(2) Representatives of parents of students with disabilities in nonpublic schools.(3) Representatives of virtual nonpublic schools that have students with disabilities who have legal settlement within the geographic boundaries of [sic, the] public agency. The virtual nonpublic school shall notify the school corporation of legal settlement of each of its students with disabilities so that the nonpublic school will be included in the consultation process.(b) The consultation described in subsection (a) must be timely, which means that it occurs during the design and development of special education and related services for students with disabilities in nonpublic schools. Consultation must also be meaningful, which requires the public agency to:(1) afford all parties a genuine opportunity to express their views and have those views considered by the public agency; and(2) discuss the subjects set forth in subsection (c).(c) The following subjects must be discussed during a consultation: (1) The child find process, including the following:(A) How nonpublic school students suspected of having a disability will be:(B) How: (iii) nonpublic school officials; will be informed of the child find process.(2) The determination of the proportionate amount of federal funds, as specified in section 7 of this rule, available to serve nonpublic school students, including how the proportionate amount of those funds was calculated.(3) An explanation of how the consultation process between the: (B) nonpublic school representatives; and(C) parent representatives of nonpublic school students; will operate throughout the school year to ensure that nonpublic school students with disabilities identified through the child find process can meaningfully participate in special education and related services.
(4) How, where, and by whom, in accordance with sections 8 and 9 of this rule, special education and related services will be provided for nonpublic school students with disabilities, including a discussion of the following: (A) The types of services, which may include direct services and alternate service delivery mechanisms.(B) How special education and related services will be offered to all nonpublic school students with disabilities if the proportionate amount of Part B funds, as specified in section 7 of this rule, is insufficient to serve all nonpublic school students with disabilities.(C) How and when those decisions will be made.(5) If the public agency 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 explain how it will provide to the nonpublic school officials a written explanation of the reasons why the public agency chose not to accept the views of the nonpublic school officials.(d) When consultation required in subsections (a) through (c) has occurred, the public agency must obtain a written affirmation, signed by the representatives of participating nonpublic schools, affirming that the public agency engaged in consultation that met the requirements of subsections (b) and (c). A public agency does not need to obtain written affirmation from nonpublic schools that do not participate in the consultation process.(e) If the representatives of the participating nonpublic schools do not provide the written affirmation to the public agency within twenty (20) instructional days of the date the consultation occurred, the public agency must forward documentation of the consultation process to the division of special education.(f) A nonpublic school official has the right to submit a complaint to the division of special education alleging that the public agency did not: (1) engage in consultation that was timely and meaningful as required in subsections (b) and (c); or(2) give due consideration to the views of the nonpublic school official.(g) Complaints submitted under subsection (f) must:(1) be filed with the division of special education according to the complaint procedures set forth in 511 IAC 7-45-1;(2) specify how the public agency failed to comply with the consultation requirements set forth in subsections (b) and (c); and(3) contain appropriate documentation related to the complaint.(h) If the nonpublic school official is dissatisfied with the decision of the division of special education, the official may submit a complaint to the Secretary of the United States Department of Education by providing the information on noncompliance described in subsection (g)(2) and (g)(3). The division of special education must forward appropriate documentation to the Secretary of the United States Department of Education.Indiana State Board of Education; 511 IAC 7-34-4; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRAReadopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFAFiled 3/18/2019, 2:33 p.m.: 20190417-IR-511180153FRAFiled 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA