511 IAC 7-34-1 Special education and related services for parentally-placed students in nonpublic schools

Sec. 1. (a) As used in this rule, "Part B funds" means funds under Part B of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. (b) This section and sections 2 through 9 of this rule apply to parentally-placed nonpublic students with disabilities, including students who reside outside of the state. (c) This section and sections 2 through 9 of this rule do not apply to the following: (1) Students three (3) years of age through five (5) years of age, unless the student has been unilaterally enrolled by his or her parent in a nonpublic school that meets the definition of an elementary school in 511 IAC 7-32-33. (2) Students with disabilities who have been placed in or referred to a nonpublic school by a public agency. (d) Each public agency shall, with regard to any nonpublic school, including any religious school or home school, within its boundaries: (1) locate, identify, and evaluate all students with disabilities as specified in 511 IAC 7-40; (2) consult, in accordance with section 3 of this rule, with nonpublic school representatives and representatives of parents of nonpublic school students with disabilities; (3) provide information, as specified in section 2(c) of this rule, to the division of special education related to parentally-placed nonpublic school students covered under this rule; and (4) make available special education and related services to all students with disabilities. (e) For purposes of this rule, a student attending a virtual nonpublic school is considered to be attending a nonpublic school located within the boundaries of the student's school corporation of legal settlement.