Section 511 IAC 7-42-8 - Individualized education programs; implementation; termination due to revocation of consentAuthority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-32-4-11; IC 20-33-2-10; IC 20-35
Sec. 8.
(a) The services identified in an IEP must be provided as follows: (1) No later than ten (10) instructional days after parental consent to the student's initial IEP is received.(2) On the eleventh instructional day after a public agency provides written notice described in section 7 of this rule regarding a student's proposed IEP that is subsequent to the initial IEP, unless the parent consents in writing to an earlier implementation date. The public agency must continue to implement the current IEP if the parent challenges the proposed IEP prior to its implementation by: (A) requesting and participating in a meeting with an official of the public agency who has the authority to facilitate the disagreement between the parent and the public agency;(B) initiating mediation under 511 IAC 7-45-2; or(C) requesting a due process hearing under 511 IAC 7-45-3.(3) On the eleventh instructional day after a meeting or mediation to resolve a parent's challenge to the IEP under subsection (2)(A) or 2(B) [subdivision (2)(A) or 2(B)], unless the parent requests a due process hearing within ten (10) instructional days. The public agency must provide the parent with written notice at the conclusion of the meeting or mediation that the proposed or revised IEP will be implemented on the eleventh instructional day after the notice unless the parent requests a due process hearing.(4) For students transitioning from early intervention services to early childhood special education, on the student's third birthday in accordance with 511 IAC 7-43-2.(5) On the initiation date stated in the student's IEP in all other circumstances.(b) An IEP must be implemented as it is written.(c) The student's teacher of record must do the following:(1) Monitor the implementation of the student's IEP.(2) Ensure that each of the student's teachers, related service providers, paraprofessionals, and any other service providers who are responsible for implementing the student's IEP: (A) have access to a copy of the IEP;(B) are informed of their specific responsibilities related to implementing the IEP; and(C) are informed of the specific accommodations, modifications, and supports that must be provided for the student in accordance with the student's IEP.(3) Ensure that the CCC is informed of any modifications made to the student's IEP in accordance with section 9(e)(2) and 9(g) of this rule.(4) Beginning in grade 9, communicate at least one (1) time each grading period with the student's parent concerning the student's progress toward the student's selected diploma, as required by IC 20-32-4-11.(5) Be responsible for all other activities identified in 511 IAC 7-32-97.(d) At the beginning of each school year, a public agency must have in effect, for each student with a disability within its district: (1) an IEP as specified in section 6 of this rule; or(2) a service plan as described in 511 IAC 7-34-5 if the student is parentally-placed in a nonpublic school within the jurisdiction of the public agency.(e) If a newly enrolled student received special education services from another public agency within the state and enrolls in a new public agency within the same school year, the new public agency, in consultation with the student's parent, must immediately provide the student with a free appropriate public education, including services comparable to those described in the student's IEP from the previous public agency, until the new public agency either: (1) adopts the student's IEP from the previous public agency; or(2) develops, adopts, and implements a new IEP that meets the applicable requirements of this rule.(f) If a newly enrolled student received special education services in another state, and enrolls within the same school year, the new public agency, in consultation with the student's parent, must immediately provide the student with a free appropriate public education, including services comparable to those described in the student's IEP from the previous public agency, until the new public agency: (1) conducts an educational evaluation under 511 IAC 7-40, if the new public agency determines that this is necessary; and(2) develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in this rule.(g) To facilitate the transition of students described in subsections (e) and (f), the: (1) new public agency in which the student enrolls must take reasonable steps to promptly obtain the student's records, including the IEP, supporting documents, and any other records relating to the provision of special education or related services to the student from the previous public agency in which the student was enrolled under 511 IAC 7-38-1(r)(2); and(2) previous public agency in which the student was enrolled must take reasonable steps to promptly respond to the request from the new public agency, as required by IC 20-33-2-10.(h) If a parent revokes consent for special education and related services in accordance with section 15 of this rule, the public agency must terminate the implementation of a student's IEP on the eleventh instructional day after the public agency provides the parent with the written notice required by section 15(b) of this rule, unless the parent consents in writing that the services will be terminated prior to the eleventh day.Indiana State Board of Education; 511 IAC 7-42-8; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; filed Dec 3, 2009, 1:50 p.m.: 20091230-IR-511090057FRA; errata filed Oct 22, 2010, 11:31 a.m.: 20101110-IR-511090057ACAReadopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFAFiled 3/18/2019, 2:33 p.m.: 20190417-IR-511180153FRAFiled 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA