2014 Indiana Code TITLE 20. EDUCATION ARTICLE 35. SPECIAL EDUCATION CHAPTER 8. TRANSFER AND TRANSPORTATION OF STUDENTS WITH DISABILITIES
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IC 20-35-8
Chapter 8. Transfer and Transportation of Students With
Disabilities
IC 20-35-8-1
Transfer of children with disabilities; transportation; tuition
Sec. 1. (a) Except as provided in subsection (b), if a student with
legal settlement in a school corporation is transferred to attend school
in another school corporation because of a disability or multiple
disabilities, the transferor corporation shall:
(1) either:
(A) provide; or
(B) pay for, in the amount determined under section 2 of this
chapter;
any transportation that is necessary or feasible, as determined
under section 2 of this chapter and the rules adopted by the state
board; and
(2) pay transfer tuition for the student to the transferee
corporation in accordance with IC 20-26-11.
(b) If the student attends a school operated through:
(1) a joint school service and supply program; or
(2) another cooperative program;
involving the school corporation of the student's legal settlement,
transportation and other costs shall be made in amounts and at the
times provided in the agreement or other arrangement made between
the participating school corporations.
(c) Student data, including ISTEP program testing scores,
academic progress, grade level, and graduation date, for a student
described in subsection (a) shall be included in determinations for the
school corporation in which the student has legal settlement.
As added by P.L.1-2005, SEC.19. Amended by P.L.229-2011,
SEC.195.
IC 20-35-8-2
Transportation for individualized education program; rules on
limitations; liability for costs
Sec. 2. (a) The state board shall adopt rules under IC 4-22-2 to
establish limits on the amount of transportation that may be provided
in the student's individualized education program. Unless otherwise
specially shown to be essential by the child's individualized education
program, in case of residency in a public or private facility, these
rules must limit the transportation required by the student's
individualized education program to the following:
(1) The student's first entrance and final departure each school
year.
(2) Round trip transportation each school holiday period.
(3) Two (2) additional round trips each school year.
(b) If a student is a transfer student receiving special education in
a public school, the state or school corporation responsible for the
payment of transfer tuition under IC 20-26-11-1 through
IC 20-26-11-4 shall pay the cost of transportation required by the
student's individualized education program.
(c) If a student receives a special education:
(1) in a facility operated by:
(A) the state department of health;
(B) the division of disability and rehabilitative services; or
(C) the division of mental health and addiction;
(2) at the Indiana School for the Blind and Visually Impaired;
or
(3) at the Indiana School for the Deaf;
the school corporation in which the student has legal settlement shall
pay the cost of transportation required by the student's individualized
education program. However, if the student's legal settlement cannot
be ascertained, the state board shall pay the cost of transportation
required by the student's individualized education program.
(d) If a student is placed in a private facility under IC 20-35-6-2
in order to receive a special education because the student's school
corporation cannot provide an appropriate special education program,
the school corporation in which the student has legal settlement shall
pay the cost of transportation required by the student's individualized
education program. However, if the student's legal settlement cannot
be ascertained, the state board shall pay the cost of transportation
required by the student's individualized education program.
As added by P.L.1-2005, SEC.19. Amended by P.L.231-2005,
SEC.48; P.L.218-2005, SEC.82; P.L.2-2006, SEC.159;
P.L.141-2006, SEC.102; P.L.1-2007, SEC.152.
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