Section 511 IAC 7-46-4 - Data collectionAuthority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 4.
(a) Each public agency must, on an annual basis, count the number of students with disabilities by race, ethnicity, limited English proficiency status, gender, and disability category who:(1) are receiving a free appropriate public education;(2) are participating in general education;(3) are in: (B) separate schools or facilities; or(C) public or private residential facilities;(4) for each year from fourteen (14) years of age to twenty-one (21) years of age, stopped receiving special education and related services because of program completion (including graduation with a high school diploma as defined in 511 IAC 6-7.1-1(e) ) , or other reasons, and the reasons why those students stopped receiving special education and related services; and(5) under 511 IAC 7-44-6 or 511 IAC 7-44-7, are removed to an interim alternative educational setting, the acts or items precipitating those removals, and the number who are subject to long-term suspensions or expulsions.(b) In addition to the data collected in subsection (a), each public agency must, on an annual basis, provide to the department of education the following data: (1) The number and percentage of students with disabilities by:who are receiving early intervening services as defined in 511 IAC 7-32-29.
(2) The incidence and duration of disciplinary actions of students with disabilities by: (C) limited English proficiency status;(E) disability category; including removals (suspensions) of one (1) day or more.
(3) The number and percentage of students with disabilities who are removed to alternative educational settings or expelled as compared to nondisabled students who are removed to alternative educational settings or expelled.(4) The number of due process hearing requests filed under 511 IAC 7-45-3 and the number of due process hearings conducted.(5) The number of due process hearings requested under 511 IAC 7-44 and the number of changes in placements ordered as a result of those hearings.(6) The number of mediations held in accordance with 511 IAC 7-45-2 and the number of settlement agreements reached through such mediations. (c) Each public agency must, on an annual basis, provide the department of education with any other program information that may be required by the Secretary of the United States Department of Education. The department of education will annually inform the public agency of the child count procedures and categorical criteria required for the December 1 count.(d) With regard to the child count data collected, the department of education must annually examine the data collected and report to the state advisory council on the education of children with disabilities on whether there is a significant disproportionality based on race with respect to the: (1) identification of students as students with disabilities;(2) identification of students as students with disabilities in accordance with a particular disability described in 511 IAC 7-41;(3) placement of students in a particular educational setting; and(4) incidence, duration, and type of disciplinary actions, including suspensions and expulsions.(e) The department of education must require any public agency identified under subsection (d) to do the following: (1) Review and, if appropriate, revise the: (C) practices; used in the identification or placement of students with disabilities.
(2) Reserve the maximum amount of funds under 511 IAC 7-40-2(a) to provide comprehensive coordinated early intervening services to serve students in the public agency, particularly, but not exclusively, students in those groups that were significantly overidentified under subsection (d).(3) Publicly report on the revision of: (C) procedures; described under subdivision (1).Indiana State Board of Education; 511 IAC 7-46-4; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRAReadopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA