Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
provisions of this article pertaining to student identification, eligibility,
evaluation, and placement procedures as well as the provision of a free
appropriate public education, including all due process and procedural
safeguards, apply to special education programs conducted by, or under the
jurisdiction of, the following:
Indiana state department of health.
The family and social services
administration, including, but not limited to, the following:
(A) The division of disability and
division of mental health and addiction.
(3) The department of child
(4) The department of
(5) The Indiana School
for the Blind and Visually Impaired.
(6) The Indiana School for the
Any public or private
agency providing special education programs for students referred by:
(A) a public school corporation;
(B) a charter school;
(C) the division of special education;
(D) any other public
(8) Any other
public agency that contracts with any of the agencies in subdivisions (1)
through (6) to provide special education.
The division of special education must,
in conjunction with each public agency in subsection (a), develop an
interagency agreement or other mechanism for interagency coordination.
Interagency agreements or other coordination mechanisms may address educational
programs or noneducational programs that provide or pay for services that are
considered special education, or both. Interagency agreements or other
coordination mechanisms shall include the following as appropriate:
Compliance with state and federal special
education laws and regulations, including the following:
(A) Data collection and submission.
(B) Program monitoring.
(C) State complaint investigation
(D) Due process
hearings and appeals.
Methods of ensuring services, including
(A) Agency financial
responsibility, including the responsibility of noneducational divisions and
public insurers to provide or pay for services that are also considered special
education or related services.
Conditions and terms of reimbursement.
(C) Resolution of interagency disputes,
including the provision of services pending resolution of disputes.
(D) Coordination of service
If a noneducational agency or a public
agency other than the local educational agency is otherwise obligated under
federal or state law, or assigned responsibility under state policy pursuant to
an interagency agreement or other coordination mechanism to provide or pay for
any services that are also considered special education or related services,
such as, but not limited to:
(4) supplementary aids
and services; and
that are necessary for ensuring a free appropriate public
education to students with disabilities within the state, the noneducational
agency or the public agency must fulfill that obligation or responsibility
either directly, through contract, or through other arrangement.
(d) A public agency
described in subsection (c) that receives Medicaid reimbursement for service
provision may not disqualify an eligible service for Medicaid reimbursement
because that service is provided in a public school setting.
If a public agency described in
subsection (c) fails to provide or pay for the special education and related
services necessary for the provision of a free appropriate public education to
a student, the local educational agency must provide or pay for these services
in a timely manner. The:
educational agency is authorized to claim reimbursement for the services from
the public agency that failed to provide or pay for these services;
(2) public agency must
reimburse the local educational agency in accordance with the terms of the
interagency agreement or other coordination mechanism described in subsection