IC 20-35-2
    Chapter 2. Division of Special Education

IC 20-35-2-1
Division established; director's duties
    Sec. 1. (a) There is established under the state board a division ofspecial education. The division shall exercise all the power andduties set out in this chapter, IC 20-35-3 through IC 20-35-6, andIC 20-35-8.
    (b) The governor shall appoint, upon the recommendation of thestate superintendent, a director of special education who serves at thepleasure of the governor. The amount of compensation of the directorshall be determined by the budget agency with the approval of thegovernor. The director has the following duties:
        (1) To do the following:
            (A) Have general supervision of all programs, classes, andschools for children with disabilities, including thoseconducted by public schools, the Indiana School for theBlind and Visually Impaired, the Indiana School for theDeaf, the department of correction, the state department ofhealth, the division of disability and rehabilitative services,and the division of mental health and addiction.
            (B) Coordinate the work of schools described in clause (A).
        For programs for preschool children with disabilities asrequired under IC 20-35-4-9, have general supervision overprograms, classes, and schools, including those conducted bythe schools or other state or local service providers ascontracted for under IC 20-35-4-9. However, generalsupervision does not include the determination of admissionstandards for the state departments, boards, or agenciesauthorized to provide programs or classes under this chapter.
        (2) To adopt, with the approval of the state board, rulesgoverning the curriculum and instruction, including licensing ofpersonnel in the field of education, as provided by law.
        (3) To inspect and rate all schools, programs, or classes forchildren with disabilities to maintain proper standards ofpersonnel, equipment, and supplies.
        (4) With the consent of the state superintendent and the budgetagency, to appoint and determine salaries for any assistants andother personnel needed to enable the director to accomplish theduties of the director's office.
        (5) To adopt, with the approval of the state board, thefollowing:
            (A) Rules governing the identification and evaluation ofchildren with disabilities and their placement under anindividualized education program in a special educationprogram.
            (B) Rules protecting the rights of a child with a disabilityand the parents of the child with a disability in theidentification, evaluation, and placement process.        (6) To make recommendations to the state board concerningstandards and case load ranges for related services to assist eachteacher in meeting the individual needs of each child accordingto that child's individualized education program. Therecommendations may include the following:
            (A) The number of teacher aides recommended for eachexceptionality included within the class size ranges.
            (B) The role of the teacher aide.
            (C) Minimum training recommendations for teacher aidesand recommended procedures for the supervision of teacheraides.
        (7) To cooperate with the interagency coordinating councilestablished by IC 12-12.7-2-7 to ensure that the preschoolspecial education programs required by IC 20-35-4-9 areconsistent with the early intervention services programdescribed in IC 12-12.7-2.
    (c) The director or the state board may exercise authority overcareer and technical education programs for children with disabilitiesthrough a letter of agreement with the department of workforcedevelopment.
As added by P.L.1-2005, SEC.19. Amended by P.L.218-2005,SEC.79; P.L.93-2006, SEC.16; P.L.141-2006, SEC.96; P.L.1-2007,SEC.149; P.L.234-2007, SEC.121.