Section 511 IAC 7-50-3 - Education scholarship account education service plan or service plan; parent electionAuthority: IC 20-51.4
Affected: IC 20-51.4
Sec. 3.
(a) The parent of an eligible student or an emancipated eligible student has the option to either accept or decline the offer of special education and related services offered under a service plan by the public agency where the student's nonpublic school is located. If the parent accepts the offer of special education and related services under the service plan, the service plan must be implemented by the public agency and the case conference committee (CCC) must convene at least annually in accordance with rule 34 [sic, 511 IAC 7-34] .(b) If the parent of an eligible student or an emancipated eligible student declines the offer of special education and related services under the service plan or if the eligible student is not receiving services from a school that necessitates the creation of a service plan under subsection (a), the parent or emancipated eligible student must request the student's school corporation of legal settlement (SCOLS) to convene the CCC to develop an individualized education program (IEP). The SCOLS shall convene the CCC upon the parent's request.(c) The IEP developed under subsection (b) becomes the ESA service plan for a student with an education scholarship account who has declined services under a service plan. The ESA service plan must contain a statement specifying the following: (1) Notwithstanding any other provision of the ESA service plan, the parent or emancipated eligible student is responsible for arranging for the provision of any of the special education and related services specified in the ESA service plan chosen for the student.(2) Notwithstanding any other provision of the ESA service plan, neither the SCOLS that convened the CCC to develop the ESA service plan or any other public agency is required to provide any of the services identified in the plan unless the parent or emancipated eligible student contracts with the SCOLS or public agency to provide specific services.(3) The parent or emancipated eligible student is responsible to arrange for payment for any contracted services.(4) The ESA service plan is valid for a period of time not to exceed three (3) years, or the date the student's reevaluation is due, whichever occurs first.Indiana State Board of Education; 511 IAC 7-50-3 filed 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA