511 IAC 7-40-2 - Comprehensive and coordinated early intervening services
Current through March 30, 2022
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
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 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.
Notes
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