511 IAC 7-40-2 Comprehensive and coordinated early intervening services

Sec. 2. (a) A public agency may not use more than fifteen percent (15%) of the amount the public agency receives under Part B of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., for any fiscal year, less any amount reduced by the public agency pursuant to 34 CFR 300.205, if any, in combination with other amounts, which may include amounts other than education funds, to develop and implement comprehensive and coordinated early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 with a particular emphasis on students in kindergarten through grade 3, who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment. (b) In implementing comprehensive and coordinated early intervening services under this section, a public agency may carry out activities that include, but are not limited to, the following: (1) Professional development, which may be provided by entities other than public agencies, for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including the following: (A) Scientifically based literacy instruction. (B) Where appropriate, instruction on the use of adaptive and instructional software. (2) Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction. (c) Nothing in this section shall be construed to either: (1) limit or create a right to a free appropriate public education under this article; or (2) delay appropriate evaluation of a child suspected of having a disability. (d) Each public agency that develops and maintains comprehensive and coordinated early intervening services under this section must annually report the following to the state educational agency: (1) The number of children served under this section who received early intervening services. (2) The number of children served under this section who received early intervening services and subsequently receive special education and related services under this article during the preceding two (2) year period. (e) Funds made available to carry out this section may be used to carry out comprehensive and coordinated early intervening services aligned with activities funded by and carried out under the Elementary and Secondary Education Action of 1965, as amended, 20 U.S.C. 6301 et seq. (ESEA), if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this section.