Section 511IAC7-34-1. Special education and related services for parentally-placed students in nonpublic schools or facilities

   (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 students with disabilities who have been unilaterally enrolled by the parent in a nonpublic school or facility in the state, 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 or facility by a public agency.

  (d) Each public agency shall, with regard to any nonpublic school or facility, 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.

(Indiana State Board of Education; 511 IAC 7-34-1; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)