2014 Indiana Code TITLE 20. EDUCATION ARTICLE 35. SPECIAL EDUCATION CHAPTER 2. DIVISION OF SPECIAL EDUCATION
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IC 20-35-2
Chapter 2. Division of Special Education
IC 20-35-2-1
Division established; director's duties
Sec. 1. (a) There is established under the state board a division of
special education. The division shall exercise all the power and duties
set out in this chapter, IC 20-35-3 through IC 20-35-6, and
IC 20-35-8.
(b) The governor shall appoint, upon the recommendation of the
state superintendent, a director of special education who serves at the
pleasure of the governor. The amount of compensation of the director
shall be determined by the budget agency with the approval of the
governor. The director has the following duties:
(1) To do the following:
(A) Have general supervision of all programs, classes, and
schools for children with disabilities, including those
conducted by public schools, the Indiana School for the
Blind and Visually Impaired, the Indiana School for the
Deaf, the department of correction, the state department of
health, the division of disability and rehabilitative services,
and the division of mental health and addiction.
(B) Coordinate the work of schools described in clause (A).
For programs for preschool children with disabilities as required
under IC 20-35-4-9, have general supervision over programs,
classes, and schools, including those conducted by the schools
or other state or local service providers as contracted for under
IC 20-35-4-9. However, general supervision does not include
the determination of admission standards for the state
departments, boards, or agencies authorized to provide programs
or classes under this chapter.
(2) To adopt, with the approval of the state board, rules
governing the curriculum and instruction, including licensing of
personnel in the field of education, as provided by law.
(3) To inspect and rate all schools, programs, or classes for
children with disabilities to maintain proper standards of
personnel, equipment, and supplies.
(4) With the consent of the state superintendent and the budget
agency, to appoint and determine salaries for any assistants and
other personnel needed to enable the director to accomplish the
duties of the director's office.
(5) To adopt, with the approval of the state board, the following:
(A) Rules governing the identification and evaluation of
children with disabilities and their placement under an
individualized education program in a special education
program.
(B) Rules protecting the rights of a child with a disability and
the parents of the child with a disability in the identification,
evaluation, and placement process.
(6) To make recommendations to the state board concerning
standards and case load ranges for related services to assist each
teacher in meeting the individual needs of each child according
to that child's individualized education program. The
recommendations may include the following:
(A) The number of teacher aides recommended for each
exceptionality included within the class size ranges.
(B) The role of the teacher aide.
(C) Minimum training recommendations for teacher aides
and recommended procedures for the supervision of teacher
aides.
(7) To cooperate with the interagency coordinating council
established by IC 12-12.7-2-7 to ensure that the preschool
special education programs required by IC 20-35-4-9 are
consistent with the early intervention services program
described in IC 12-12.7-2.
(c) The director or the state board may exercise authority over
career and technical education programs for children with disabilities
through a letter of agreement with the department of workforce
development.
As added by P.L.1-2005, SEC.19. Amended by P.L.218-2005,
SEC.79; P.L.93-2006, SEC.16; P.L.141-2006, SEC.96; P.L.1-2007,
SEC.149; P.L.234-2007, SEC.121.
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