Section 511IAC7-40-2. Comprehensive and coordinated early intervening services

   (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 department of education:

(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.

  (f) The parent of a student who participates in a process that assesses the student's response to scientific, research based interventions must be provided with written notification when a student requires an intervention that is not provided to all students in the general education classroom. The written notification must contain the following information:

(1) The:

(A) amount and nature of student performance data that will be collected; and

(B) general education services that will be provided.

(2) The evidence-based strategies that will be utilized for increasing the student's rate of learning to grade level.

(3) The parent's right to request an educational evaluation to determine eligibility for special education and related services.

(4) An explanation that:

(A) the public agency will initiate a request for an educational evaluation if the student fails to make adequate progress after an appropriate period of time, as determined by the parent and the public agency, when provided with scientific, research based interventions; and

(B) when the public agency initiates a request for a educational evaluation under clause (A), the public agency will provide written notice to the parent regarding the evaluation before requesting written parental consent for the evaluation as specified in section 4 of this rule. After obtaining written parental consent, the public agency must evaluate the student and convene the CCC within twenty (20) instructional days.

(Indiana State Board of Education; 511 IAC 7-40-2; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)