511 IAC 7-46-4 - Data collection
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 4.
(a) Each
public agency must, on an annual basis, count the number of students with
disabilities by race, ethnicity, limited English proficiency status, gender,
and disability category who:
(1) are receiving
a free appropriate public education;
(2) are participating in general
education;
(3) are in:
(A) separate classes;
(B) separate schools or facilities;
or
(C) public or private
residential facilities;
(4) for each year from fourteen (14) years of
age to twenty-one (21) years of age, stopped receiving special education and
related services because of program completion (including graduation with a
high school diploma as defined in
511 IAC
6-7.1-1(e)), or other reasons, and
the reasons why those students stopped receiving special education and related
services; and
(5) under
511 IAC 7-44-6 or
511 IAC 7-44-7, are removed to an
interim alternative educational setting, the acts or items precipitating those
removals, and the number who are subject to long-term suspensions or
expulsions.
(b) In
addition to the data collected in subsection (a), each public agency must, on
an annual basis, provide to the department of education the following data:
(1) The number and percentage of students
with disabilities by:
(A) race;
(B) gender; and
(C) ethnicity;
who are receiving early intervening services as defined in 511 IAC 7-32-29.
(2) The incidence and duration of
disciplinary actions of students with disabilities by:
(A) race;
(B) ethnicity;
(C) limited English proficiency
status;
(D) gender; and
(E) disability category;
including removals (suspensions) of one (1) day or more.
(3) The
number and percentage of students with disabilities who are removed to
alternative educational settings or expelled as compared to nondisabled
students who are removed to alternative educational settings or
expelled.
(4) The number of due
process hearing requests filed under
511 IAC 7-45-3 and the number of
due process hearings conducted.
(5)
The number of due process hearings requested under
511 IAC 7-44 and the number of
changes in placements ordered as a result of those hearings.
(6) The number of mediations held in
accordance with
511 IAC 7-45-2 and the number of
settlement agreements reached through such mediations.
(c) Each public agency must, on an annual
basis, provide the department of education with any other program information
that may be required by the Secretary of the United States Department of
Education. The department of education will annually inform the public agency
of the child count procedures and categorical criteria required for the
December 1 count.
(d) With regard
to the child count data collected, the department of education must annually
examine the data collected and report to the state advisory council on the
education of children with disabilities on whether there is a significant
disproportionality based on race with respect to the:
(1) identification of students as students
with disabilities;
(2)
identification of students as students with disabilities in accordance with a
particular disability described in
511 IAC 7-41;
(3) placement of students in a particular
educational setting; and
(4)
incidence, duration, and type of disciplinary actions, including suspensions
and expulsions.
(e) The
department of education must require any public agency identified under
subsection (d) to do the following:
(1)
Review and, if appropriate, revise the:
(A)
policies;
(B) procedures;
and
(C) practices;
used in the identification or placement of students with disabilities.
(2) Reserve the maximum amount of funds under
511 IAC 7-40-2(a)
to provide comprehensive coordinated early
intervening services to serve students in the public agency, particularly, but
not exclusively, students in those groups that were significantly
overidentified under subsection (d).
(3) Publicly report on the revision of:
(A) policies;
(B) practices; and
(C) procedures; described under subdivision
(1).
Notes
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