CHAPTER 7. INDIVIDUALIZED EDUCATION PROGRAM; CASE CONFERENCES FOR STUDENTS WITH DISABILITIES; TRANSITIONAL SERVICES
IC 20-35-7
Chapter 7. Individualized Education Program; Case Conferences
for Students With Disabilities; Transitional Services
IC 20-35-7-1
"Annual case review"
Sec. 1. As used in this chapter, "annual case review" means the
meeting of the case conference committee that is conducted annually
to review and, if needed, revise a student's individualized education
program.
As added by P.L.1-2005, SEC.19.
IC 20-35-7-2
"Case conference committee"
Sec. 2. As used in this chapter, "case conference committee"
means a group composed of public agency personnel, parents, the
student, if appropriate, and others at the discretion of the public
agency or the parent and under rules adopted by the state board that
meets to do any of the following:
(1) Determine a student's eligibility for special education and
related services.
(2) Develop, review, or revise a student's individualized
education program.
(3) Determine an appropriate educational placement for each
student.
As added by P.L.1-2005, SEC.19.
IC 20-35-7-3
"Transition services"
Sec. 3. (a) As used in this chapter, "transition services" means a
coordinated set of activities for a student with a disability that:
(1) is designed within an outcome oriented process; and
(2) promotes movement from the public agency to
postsecondary school activities, including the following:
(A) Postsecondary education.
(B) Career and technical education that is not postsecondary
education.
(C) Integrated employment (including supported
employment).
(D) Continuing and adult education.
(E) Adult services.
(F) Independent living.
(G) Community participation.
(b) The coordinated set of activities described in subsection (a)
must:
(1) be based on the individual student's needs, taking into
account the student's preferences and interests; and
(2) include the following:
(A) Instruction.
(B) Related services.
(C) Community experiences.
(D) The development of employment and other
postsecondary educational institution adult living objectives.
(E) Where appropriate, acquisition of daily living skills and
a functional vocational evaluation.
As added by P.L.1-2005, SEC.19. Amended by P.L.2-2007, SEC.233;
P.L.234-2007, SEC.122; P.L.3-2008, SEC.120.
IC 20-35-7-4
"Public agency"
Sec. 4. As used in this chapter, "public agency" means a public or
private entity that has direct or delegated authority to provide special
education and related services, including the following:
(1) Public school corporations that operate programs
individually or cooperatively with other school corporations.
(2) Community agencies operated or supported by the office of
the secretary of family and social services.
(3) State developmental centers operated by the division of
disability and rehabilitative services.
(4) State hospitals operated by the division of mental health and
addiction.
(5) State schools and programs operated by the state department
of health.
(6) Programs operated by the department of correction.
(7) Private schools and facilities that serve students referred or
placed by a school corporation, the division of special
education, the department of child services, or another public
entity.
As added by P.L.1-2005, SEC.19. Amended by P.L.141-2006,
SEC.99; P.L.145-2006, SEC.154; P.L.1-2007, SEC.151.
IC 20-35-7-5
"Adult services"
Sec. 5. (a) As used in this chapter, "adult services" refers to
services that are provided by public agencies and other organizations
to:
(1) facilitate student movement from the public agency to adult
life; and
(2) provide services to enhance adult life.
(b) The term includes services provided by the following:
(1) A vocational rehabilitation services program.
(2) The department of workforce development.
(3) The federal Social Security Administration.
(4) The bureau of developmental disabilities services.
(5) A community mental health center.
(6) A community rehabilitation program.
(7) An area agency on aging.
As added by P.L.1-2005, SEC.19.
IC 20-35-7-6
"Special education planning district"
Sec. 6. As used in this chapter, "special education planning
district" means the public school administrative unit responsible for
providing special education and related services in a specified
geographic area. The term includes the following:
(1) A school corporation.
(2) More than one (1) school corporation that operates under a
written agreement.
As added by P.L.1-2005, SEC.19.
IC 20-35-7-7
"Student with disabilities"
Sec. 7. As used in this chapter, "student with disabilities" means
a student identified, evaluated, and enrolled in special education
under this article.
As added by P.L.1-2005, SEC.19.
IC 20-35-7-8
Adult services materials
Sec. 8. (a) The division of disability and rehabilitative services,
the division of mental health and addiction, and the department of
workforce development shall provide each school corporation with
written material describing the following:
(1) The adult services available to students.
(2) The procedures to be used to access those services.
(b) The material shall be provided in sufficient numbers to allow
each student and, if the student's parent is involved, each student's
parent to receive a copy at the annual case review if the purpose of
the meeting is to discuss transition services.
As added by P.L.1-2005, SEC.19. Amended by P.L.141-2006,
SEC.100.
IC 20-35-7-9
Case conference committee duties
Sec. 9. The case conference committee shall do the following:
(1) Review, based on areas addressed in the statement of
transition services, the available adult services provided through
state and local agencies.
(2) Present information on those services in writing to the
student and the parent.
As added by P.L.1-2005, SEC.19.
IC 20-35-7-10
Review of transition age students
Sec. 10. (a) Upon obtaining authorization to disclose confidential
information, the public agency and the vocational rehabilitation
counselor shall confer at least one (1) time each year to review
transition age students.
(b) If the public agency and the vocational rehabilitation
counselor believe a student may be eligible for and benefit from
vocational rehabilitation services, the public agency shall do the
following:
(1) Provide adequate notice to the vocational rehabilitation
counselor regarding the annual case review to be conducted
during the school year before the student's projected final year
of school. The notification to the vocational rehabilitation
counselor must include the name, address, age, and reported
disability of the student for whom the annual case review is
being conducted.
(2) At the annual case review, verbally advise and provide
written materials to the student and the parent that describe the
following:
(A) The array of vocational rehabilitation services that may
be available.
(B) The process to access those services.
(c) The vocational rehabilitation counselor shall do the following:
(1) Attempt to attend the annual case review for which the
counselor has been notified under subsection (b)(1).
(2) Determine with the student and parent when an application
for vocational rehabilitation services will be completed and
eligibility determined. However, the application must be
completed not later than the beginning of the last semester of
the student's last year of receiving services by the public
agency.
(3) If the student has been determined eligible for vocational
rehabilitation services, complete the individual plan for
employment (IPE) before the student's exit from the public
agency.
(4) Provide written information and be available on a
consultative basis to public agency personnel, students, and
parents to assist in identifying appropriate transition services.
(5) Perform the duties of advocate and consultant to the student
and, where appropriate, to the student's parent.
(6) Promote communication with the student and parent by
attending appropriate student activities, including, upon
invitation, the following:
(A) Case conferences.
(B) Career days.
(C) Parent and student forums.
(D) Other consultative services on behalf of the student.
As added by P.L.1-2005, SEC.19.
IC 20-35-7-11
Monitoring compliance
Sec. 11. (a) The division shall monitor public agency compliance
with the requirements of this chapter as part of the division's ongoing
program monitoring responsibilities.
(b) The division of disability and rehabilitative services shall
monitor compliance with this chapter by vocational rehabilitation
services programs.
(c) The division and the division of disability and rehabilitative
services shall confer, at least annually, to do the following:
(1) Review compliance with the requirements of this chapter.
(2) Ensure that students with disabilities are receiving
appropriate and timely access to services.
As added by P.L.1-2005, SEC.19. Amended by P.L.141-2006,
SEC.101.