511 Ind. Admin. Code 7-43-1

Current through May 29, 2024

Section 511 IAC 7-43-1 - Related services

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-18-2-1.7; IC 20-19-2; IC 20-35; IC 25-23.5; IC 25-27-1-2.5; IC 25-35.6

Sec. 1.

(a) "Related services" means transportation and developmental, corrective, and other supportive services that are required for a student to benefit from special education. The public agency must provide related services to a student if the student's CCC determines that related services are necessary for the student to benefit from special education.

(b) Related services may be provided as:

(1) direct services by qualified professionals; or

(2) integrated services by teachers or paraprofessionals acting in accordance with the instructions of qualified professionals.

(c) Related services include the following and may include other developmental, corrective, or supportive services if the services are required for a student to benefit from special education:

(1) Audiological services.

(2) Counseling services.

(3) Early identification and assessment of disabilities in children.

(4) Interpreting services.

(5) Medical services for the purpose of diagnosis and evaluation.

(6) Occupational therapy.

(7) Orientation and mobility services.

(8) Parent counseling and training.

(9) Physical therapy.

(10) Psychological services.

(11) Recreation, including therapeutic recreation.

(12) Rehabilitation counseling.

(13) School health services.

(14) School nurse services.

(15) School social work services.

(16) Transportation.

(17) Other supportive services.

(d) Related services do not include the following:

(1) A medical device that is surgically implanted, such as a cochlear implant.

(2) The optimization of a surgically implanted device's functioning, such as mapping for a cochlear implant.

(3) Maintenance of a surgically implanted device.

(4) The replacement of a surgically implanted device.

(e) Nothing in subsection (d):

(1) limits the right of a student with a cochlear implant or other surgically implanted devices to receive special education, such as speech and language services, and related services that the student's CCC determines are necessary for the student to receive a free appropriate public education;

(2) limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the student, including:

(A) breathing;

(B) nutrition; or

(C) operation of other bodily functions; while the student is transported to and from school or is at school; or

(3) prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required in 511 IAC 7-36-7(n).

(f) Audiological services:

(1) may include:

(A) identification of students with hearing loss;

(B) determination of the nature, range, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;

(C) provision of habilitative activities, such as:

(i) language habilitation;

(ii) auditory training;

(iii) hearing evaluation;

(iv) speech/lip reading; and

(v) speech conservation;

(D) creation and administration of programs for prevention of hearing loss;

(E) counseling with and guidance of students, teachers, and parents regarding hearing loss; and

(F) determination of a student's need for group or individual amplification, selecting and fitting of an appropriate hearing aid, and evaluating the effectiveness of amplification; and

(2) must be provided by a licensed educational or clinical audiologist.

(g) Counseling services may:

(1) include:

(A) sharing career information;

(B) administering interest inventories or other career assessment instruments;

(C) providing assistance in career planning;

(D) guiding the identification of and planning for a student's course of study designed to help the student achieve the postschool goals and outcomes; and

(E) assisting the student to:

(i) understand and cope with a disability;

(ii) cope with a personal problem or crisis; and

(iii) develop and implement a behavioral intervention plan;

(2) be provided:

(A) in the instructional setting or another setting; and

(B) on a regular schedule or an as-needed basis; and

(3) be provided by:

(A) school social workers or school counselors;

(B) school, clinical, or child psychologists;

(C) administrators or teachers;

(D) related services personnel;

(E) vocational rehabilitation counselors; or

(F) other qualified professionals.

(h) Early identification and assessment of disabilities includes, but is not limited to, a formal plan for identifying a disability as early as possible in a child's life.

(i) Requirements for interpreting services are as follows:

(1) Interpreting services include the following:

(A) When used with respect to students who are deaf or hard of hearing, the following:

(i) Oral transliteration services.

(ii) Cued language transliteration services.

(iii) Sign language transliteration and interpreting services.

(iv) Transcription services, such as the following:

(AA) Communication access real time translation (CART).

(BB) C-Print.

(CC) TypeWell.

(B) Special interpreting services for students who are deaf-blind.

(2) Individuals who provide sign language transliteration and interpreting services described in subdivision (1)(A)(iii) must be certified to interpret in an educational setting.

(j) Medical services for the purpose of diagnosis and evaluation must be:

(1) considered a related service provided at no cost to the parent only if:

(A) a diagnosis and evaluation of a medically related disability is needed to determine eligibility for special education or related services; or

(B) ordered by a hearing officer to determine a student's eligibility for special education and related services or appropriate services for an eligible student; and

(2) provided by a physician with an unlimited license to practice medicine.

(k) Occupational therapy services:

(1) may include:

(A) evaluating:

(i) developmental levels;

(ii) gross and fine motor functioning; and

(iii) self-care skills;

(B) developing, improving, or restoring functions impaired or lost through:

(i) illness;

(ii) injury; or

(iii) deprivation;

(C) improving ability to perform tasks for independent functioning if functions are impaired or lost;

(D) preventing, through early intervention, initial or further impairment or loss of function;

(E) designing or adapting:

(i) materials;

(ii) equipment; or

(iii) the educational environment; to meet a student's needs;

(F) consulting with:

(i) parents;

(ii) teachers;

(iii) paraprofessionals; and

(iv) other related services personnel; regarding activities that can assist in meeting the goals of therapy; and

(2) must be provided by a:

(A) certified occupational therapist; or

(B) certified occupational therapy assistant under the supervision of a certified occupational therapist.

(l) Orientation and mobility services:

(1) are provided to students who are blind or have low vision by qualified professionals to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and

(2) include teaching students, as appropriate:

(A) spatial and environmental concepts and use of information received by the senses, such as sound, temperature, and vibrations, to establish, maintain, or regain orientation and line of travel, such as using sound at a traffic light to cross the street;

(B) to use the long cane or a service animal:

(i) to supplement visual travel skills; or

(ii) as a tool for safely negotiating the environment for students with no available travel vision;

(C) understanding and using remaining vision and distance low vision aids; and

(D) other concepts, techniques, and tools.

(m) Parent counseling and training may:

(1) include:

(A) assisting the parents in understanding the special needs of their child;

(B) providing parents with information on child development; and

(C) assisting parents in understanding the student's educational program and helping them to acquire the necessary skills that will allow them to support the implementation of their child's IEP;

(2) be provided:

(A) as part of the CCC process; or

(B) in the form of special meetings or conferences; and

(3) be provided by any of the persons listed in subsection (g)(3). The nature of the parent counseling and training needs must guide the selection of the appropriate individual and manner in which the counseling and training are provided.

(n) Physical therapy:

(1) may include:

(A) evaluating:

(i) developmental levels;

(ii) gross motor function;

(iii) reflex levels;

(iv) range of motion;

(v) muscular strength; and

(vi) respiratory function;

(B) designing and implementing activities to:

(i) prevent;

(ii) correct;

(iii) treat; or

(iv) alleviate; impairments;

(C) evaluating, designing, and recommending adaption of assistive devices and equipment; and

(D) consulting with:

(i) parents;

(ii) teachers;

(iii) paraprofessionals; and

(iv) other related services personnel; regarding activities that can assist in meeting the goals of therapy; and

(2) must be provided:

(A) by a:

(i) licensed physical therapist; or

(ii) certified physical therapist assistant under the direct supervision of a licensed therapist; and

(B) for no more than the number of days specified in IC 25-37-1-2.5(a) [IC 25-27-1-2.5(a)] without a referral or order of a licensed:

(i) physician;

(ii) podiatrist;

(iii) psychologist;

(iv) chiropractor;

(v) dentist;

(vi) nurse practitioner; or

(vii) physician assistant; holding an unlimited license to practice in their respective field; [sic]

(C) upon the referral of a licensed school psychologist, a physical therapist who is:

(i) licensed under IC 25-27; and

(ii) an employee or contractor of a school corporation; may provide mandated school services to a student, if the mandated school services are within the physical therapist's scope of practice.

(o) Psychological services must be provided by school, clinical, and child psychologists or psychiatrists who are appropriately licensed and trained to provide the following services:

(1) Administering psychological and educational assessments as a member of the multidisciplinary team.

(2) Interpreting assessment results.

(3) Obtaining, integrating, and interpreting information regarding student behavior and conditions related to learning.

(4) Consulting and working with school personnel and parents in planning and developing a student's IEP to meet the special needs of a student as indicated by the following:

(A) Psychological assessments.

(B) Interviews.

(C) Direct observation.

(D) Behavioral assessments.

(5) Planning and managing a program of psychological services, including psychological counseling for students and parents.

(6) Assisting in developing positive behavioral intervention strategies.

(7) Referring a student to:

(A) a speech-language pathologist or an audiologist licensed under IC 25-35.6 for speech, hearing, and language disorders;

(B) an occupational therapist licensed under IC 25-23.5 for occupational therapy services; or

(C) a physical therapist licensed under IC 25-27 for mandated school services within the physical therapist's scope of practice.

(p) Recreation services may include the following:

(1) Assessment of leisure function.

(2) Therapeutic recreation services.

(3) Recreation programs in the schools and community agencies.

(4) Leisure education.

(q) Rehabilitation counseling services may include the following:

(1) Services provided by qualified professionals in individual or group sessions that focus specifically on the following:

(A) Career development.

(B) Employment preparation.

(C) Achieving independence.

(D) Integration in the workplace and community of the student with a disability.

(2) Vocational rehabilitation services provided to a student with disabilities by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended.

(r) School health services:

(1) include health services that are designed to enable a student with a disability to receive a free appropriate public education as described in the student's IEP; and

(2) must be provided by either:

(A) a licensed school nurse; or

(B) other qualified personnel.

(s) School nurse services:

(1) are health services designed to enable a student with a disability to receive a free appropriate public education as described in the student's IEP;

(2) include the services described in 511 IAC 4-1.5-6, such as developing health care plans that are integrated into the student's IEP; and

(3) must be provided by a licensed school nurse.

(t) School social work services:

(1) may include:

(A) serving as a member of the educational evaluation multidisciplinary team with responsibilities that may include the preparation of a social and developmental history on a student;

(B) group and individual counseling with the student and family;

(C) working, in partnership with parents and others, on those problems in a student's home, school, and community life that affect the student's adjustment in the educational setting;

(D) mobilizing school and community resources to enable the student to learn as effectively as possible in the student's educational program; or

(E) assisting in developing positive behavioral intervention strategies; and

(2) must be provided by a licensed school social worker.

(u) Transportation:

(1) may include:

(A) travel:

(i) to and from the educational setting and between educational settings;

(ii) in and around the educational setting;

(iii) to and from related services that are provided outside the educational setting; or

(iv) for participation in nonacademic and extracurricular activities if transportation is provided to nondisabled students; or

(B) any service not provided to nondisabled students, including:

(i) special bus routes;

(ii) special or adapted vehicles;

(iii) aides in attendance;

(iv) separate or different modes of transportation, such as taxi or individual transportation; or

(v) special equipment, such as oxygen, lifts, and ramps;

(2) must be provided by the:

(A) public agency, directly or by contract; or

(B) student's parent, but only if the parent is willing to provide transportation, in which case the parent is entitled to reimbursement at the rate that employees of the public agency are reimbursed for travel expenses; and [sic]

(3) must be provided:

(A) when the student:

(i) needs assistance moving from place to place within the educational setting;

(ii) is enrolled in a school other than the school the student would attend if not disabled, including another building in the same school corporation, to another school corporation, or to a state operated school; or

(iii) is enrolled as a residential student in a public or private residential facility, in accordance with 511 IAC 7-42-14;

(B) when issues about the student's special physical health, mobility, or behavior require special consideration for type of transportation safety, supervision, assistance, or time in transit; or

(C) when the student:

(i) requires a shortened instructional day;

(ii) needs a related service that is provided:

(AA) at a site other than the school attended by the student; or

(BB) outside of the instructional day; or

(iii) for other reasons, cannot be transported with nondisabled students or needs special assistance or consideration; [sic, and]

(4) may be provided by appropriate vehicle, as defined by IC 20-18-2-1.7, if the student's case conference committee determines a school bus or special purpose bus cannot safely and adequately reach the student's loading and unloading location.

511 IAC 7-43-1

Indiana State Board of Education; 511 IAC 7-43-1; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA

Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA

Filed 3/18/2019, 2:33 p.m.: 20190417-IR-511180153FRA

Filed 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA