61 Article 7

Article 7 is Indiana’s Special Education Law for the operation of special education programs and the provision of related services without charge by the public schools of Indiana. It describes how special education and related services are determined and provided in public schools. The latest version went into effect August 13, 2008 but was modified in 2014. This law guarantees children with disabilities (ages 3 through 21) the right to a free and appropriate public education (FAPE) that is designed to meet their individual needs.

A copy can be printed or ordered from: www.doe.in.gov/achievement/individualized-learning/laws-rules-and-interpretations

Navigating the Course: Finding Your Way through Indiana’s Special Education Rules

This document is a resource for caregivers, advocates, school personnel, and students to help clarify what is required by Article 7. It is only an overview and is not meant to replace Article 7, so please refer to Article 7 for the specific language of the special education rules. Reviewing “Navigating the Course” will help you understand the laws and work more effectively with your school.

A copy can be printed or ordered from: http://www.doe.in.gov/sites/default/files/individualized-learning/navigatingthecourse.pdf

Type:

Special education rule in Indiana Administrative Code

Administration:

Indiana Department of Education

General Purpose:

• To implement the requirements of the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA);
• To describe how special education and related services are to be determined and provided by Indiana’s local educational agencies or public schools.

Funding:

Funds provided to assist local education agencies in meeting IDEIA requirements to serve toddlers and youth with disabilities.

Applicable agencies:

Local education agencies to guarantee special education and related services to eligible children with disabilities.

Age range:

3 through 21 years

Evaluation and Placement:

A comprehensive, multidisciplinary evaluation is required for initial eligibility following parental consent. The potential for reevaluation is reviewed annually at case conferences. Specific evaluation or assessment components are described for each area of eligibility with greater than one single procedure or source of information utilized across eligibilities. Eligibility decisions are made by a group of persons who know about the student. The evaluation data, placement options, and the placement decision supports and places students in the least restrictive environment (LRE). A case conference is required before any change in placement

Free, Appropriate Public Education (FAPE):

Article 7 outlines FAPE as inclusionary of special education and related services. Special education means, “Specially designed instruction at no cost to the parents, to meet the unique needs of the child with a disability…” Related services are provided if students require further assistance in order to benefit from the specially designed instruction. Article 7 requires the development of an Individualized Education Program (IEP) document with specific content by required multidisciplinary participants at the students’ case conferences.

Procedural Safeguards:

Article 7 requires written notice to parents regarding identification, evaluation, and/or placement to ensure meaningful parent involvement. Article 7 specifies the required components of the written notices.

Under federal and state laws, parents/caregivers are given certain rights. These rights are outlined in the Notice of Procedural Safeguards and Parent Rights in Special Education. This document must be given to you at the following times throughout your child’s education:

• initial referral for evaluation
• notification of a case conference committee meeting
• reevaluation of the student
• filing of a due process hearing
• a decision to place the student in an interim alternative educational setting
• filing of expulsion charges
• notification of a proposed placement or denial of placement

A copy can be printed or ordered from: http://www.doe.in.gov/sites/default/files/individualized-learning/proceduralsafeguardsaugust2010.pdf

Due process or Violations:

Article 7 outlines specific requirements for local education agencies to provide impartial hearings for parents who disagree with the identification, evaluation, or placement of a child. This may include, but not be limited to, mediation and/or due process hearings conducted by independent hearing officers.