2015 Indiana Code TITLE 20. EDUCATION ARTICLE 43. STATE TUITION SUPPORT CHAPTER 7. SPECIAL EDUCATION GRANTS
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IC 20-43-7
Chapter 7. Special Education Grants
IC 20-43-7-0.5
Application; exception
Sec. 0.5. This chapter applies to a virtual charter school.
As added by P.L.229-2011, SEC.213.
IC 20-43-7-1
Special education grants; counts; additional grant distributions;
grant reductions
Sec. 1. (a) In addition to the amount a school corporation is
entitled to receive in basic tuition support, each school corporation is
entitled to receive a grant for special education programs for the state
fiscal year. Subject to subsections (b) and (c), the amount of the
special education grant is based on the count of eligible pupils
enrolled in special education programs on December 1 of the
preceding state fiscal year in:
(1) the school corporation; or
(2) a transferee corporation.
(b) Before February 1 of each calendar year, the department shall
determine the result of:
(1) the total amount of the special education grant that would
have been received by the school corporation during the months
of July, August, September, October, November, and December
of the preceding calendar year and January of the current
calendar year if the grant had been based on the count of
students with disabilities that was made on the immediately
preceding December 1; minus
(2) the total amount of the special education grant received by
the school corporation during the months of July, August,
September, October, November, and December of the preceding
calendar year and January of the current calendar year.
If the result determined under this subsection is positive, the school
corporation shall receive an additional special education grant
distribution in February equal to the result determined under this
subsection. If the result determined under this subsection is negative,
the special education grant distributions that otherwise would be
received by the school corporation in February, March, April, and
May shall be proportionately reduced so that the total reduction is
equal to the result determined under this subsection.
(c) The special education grant distributions made in February,
March, April, May, and June of a calendar year shall be based on the
count of students with disabilities that was made on the immediately
preceding December 1.
As added by P.L.2-2006, SEC.166. Amended by P.L.205-2013,
SEC.290.
Indiana Code 2015
IC 20-43-7-2
Severe disability categories
Sec. 2. (a) In a school corporation's nonduplicated count of pupils
in programs for severe disabilities, the school corporation shall count
each pupil served in any one (1) of the following programs:
(1) Autism.
(2) Dual sensory impairment.
(3) Emotional handicap, full time.
(4) Hearing impairment.
(5) Severe mental handicap.
(6) Multiple handicap.
(7) Orthopedic impairment.
(8) Traumatic brain injury.
(9) Visual impairment.
(b) A pupil may be counted in only one (1) of the programs in this
section even if the pupil is served in more than one (1) program.
(c) A pupil may not be included in the nonduplicated count in this
section and in the nonduplicated count of pupils in programs for mild
or moderate disabilities in section 3 of this chapter.
As added by P.L.2-2006, SEC.166.
IC 20-43-7-3
Mild and moderate disability program categories
Sec. 3. (a) In a school corporation's nonduplicated count of pupils
in programs for mild and moderate disabilities, the school corporation
shall count each pupil served in any one (1) of the following
programs:
(1) Emotional handicap, all other.
(2) Learning disability.
(3) Mild mental handicap.
(4) Moderate mental handicap.
(5) Other health impairment.
(b) A pupil may be counted in only one (1) of the programs in this
section even if the pupil is served in more than one (1) program.
(c) A pupil may not be included in the nonduplicated count in this
section and in the nonduplicated count of pupils in programs for
severe disabilities in section 2 of this chapter.
As added by P.L.2-2006, SEC.166.
IC 20-43-7-4
Communication disorder program categories
Sec. 4. In a school corporation's duplicated count of pupils in
programs for communication disorders, the school corporation shall
count each pupil served, even if the pupil is served in another special
education program.
As added by P.L.2-2006, SEC.166.
IC 20-43-7-5
Indiana Code 2015
Homebound program category
Sec. 5. (a) In a school corporation's cumulative count of pupils in
homebound programs, a school corporation shall count each pupil
who received homebound instruction up to and including December
1 of the current year plus each pupil who received homebound
instruction after December 1 of the prior school year.
(b) A school corporation may include a pupil in the school
corporation's cumulative count of pupils in homebound programs
even if the pupil also is included in the school corporation's:
(1) nonduplicated count of pupils in programs for severe
disabilities;
(2) nonduplicated count of pupils in programs for mild and
moderate disabilities; or
(3) duplicated count of pupils in programs for communication
disorders.
As added by P.L.2-2006, SEC.166.
IC 20-43-7-6
Calculation; grant amount
Sec. 6. A school corporation's special education grant for a state
fiscal year is equal to the sum of the following:
(1) The nonduplicated count of pupils in programs for severe
disabilities multiplied by eight thousand eight hundred dollars
($8,800).
(2) The nonduplicated count of pupils in programs of mild and
moderate disabilities multiplied by two thousand three hundred
dollars ($2,300).
(3) The duplicated count of pupils in programs for
communication disorders multiplied by five hundred dollars
($500).
(4) The cumulative count of pupils in homebound programs
multiplied by five hundred dollars ($500).
(5) The nonduplicated count of pupils in special preschool
education programs multiplied by two thousand seven hundred
fifty dollars ($2,750).
As added by P.L.2-2006, SEC.166. Amended by P.L.234-2007,
SEC.252; P.L.182-2009(ss), SEC.340; P.L.205-2013, SEC.291;
P.L.213-2015, SEC.220.
IC 20-43-7-7
Modification of full-time equivalency requirement
Sec. 7. Participation in a program is not required to the extent of
full-time equivalency. The state board shall adopt rules that define
the:
(1) nature and extent of participation; and
(2) type of program qualifying for approval.
A count may not be made on any program that has not been approved
by the state board or to the extent that a pupil is not participating to
the extent required by any rule of the state board.
Indiana Code 2015
As added by P.L.2-2006, SEC.166.
IC 20-43-7-8
Classification of new programs
Sec. 8. If a new special education program is created by rule of the
state board or by the United States Department of Education, the state
board shall determine whether the program shall be included in the
list of programs for:
(1) severe disabilities; or
(2) mild and moderate disabilities.
As added by P.L.2-2006, SEC.166.
IC 20-43-7-9
Special education grants; use for students in nonpublic schools
Revisor's Note: IC 20-43-7-9(f), as amended by P.L.229-2011,
SEC.214, states that IC 20-43-7-9 takes effect July 1, 2011 (rather
than January 1, 2011.)
Sec. 9. (a) This section does not apply to a charter school.
(b) Each calendar year, a school corporation shall expend part of
the school corporation's state special education grant on the provision
of special education and related services to parentally placed
nonpublic school students with disabilities. The school corporation
shall, at a minimum, expend an amount from the state special
education grant equal to the amount attributable to the number of
parentally placed nonpublic school students with disabilities included
in the school corporation's count conducted under section 1 of this
chapter.
(c) In determining compliance with this section, a school
corporation may include state special education grant expenditures on
the following:
(1) Activities and services for which the school corporation may
expend federal grants under Part B of the federal Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Child find activities, including the cost of initial educational
evaluations and reevaluations.
(d) A school corporation shall maintain sufficient and accurate
records to demonstrate compliance with this section.
(e) The state board shall adopt rules to implement this section,
including, but not limited to, annual reporting requirements,
monitoring, and consequences for noncompliance. The consequences
may include requiring expenditure of additional state funds in a
subsequent year if the school fails to expend the requisite amount in
a prior year that occurs after June 30, 2011.
(f) Notwithstanding the effective date in HEA 1341-2011,
SECTION 3, this section takes effect July 1, 2011 (rather than
January 1, 2011).
As added by P.L.72-2011, SEC.3. Amended by P.L.229-2011,
SEC.214.
Indiana Code 2015
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