IC 20-35-4
    Chapter 4. School Corporations: Powers and Duties RegardingChildren With Disabilities

IC 20-35-4-1
Instruction of children with disabilities; powers and duties;funding; personnel; rules
    Sec. 1. (a) A school corporation acting individually or in a jointschool services program with other corporations may establish andmaintain instructional facilities for the instruction of children withdisabilities.
    (b) A school corporation may provide transfer and transportationof children with disabilities residing in the geographical limits of thecorporation to facilities for the instruction of children withdisabilities that are not maintained by the school corporation.
    (c) A school corporation acting individually or in a joint schoolservices program with other corporations may convert, build, or leasethe necessary school buildings or use existing buildings to establishand maintain classes of one (1) or more pupils who are:
        (1) residents of Indiana; and
        (2) children with disabilities.
    (d) A school corporation may provide for instruction of any childwith a disability who is not able to attend a special class or school forchildren with disabilities. Special personnel may be employed inconnection with these classes of schools, and any expenditures forthese classes of schools are lawful expenditures for maintaining theeducation of children with disabilities.
    (e) All nurses, therapists, doctors, psychologists, and relatedspecialists employed under this chapter:
        (1) must be registered and authorized to practice under Indianalaw; and
        (2) are subject to any additional requirements of the division.
    (f) A school corporation acting individually or in a joint schoolservices program with other corporations may purchase specialequipment needed in a class or school for children with disabilities,and any expenditures made for this special equipment are lawfulexpenditures for maintaining the education of children withdisabilities.
    (g) Children with disabilities shall receive credit for schoolworkaccomplished on the same basis as children without disabilities whodo similar work.
    (h) A school corporation constructing or operating a school underthis chapter:
        (1) shall pay the operating expense for each student attending;and
        (2) is entitled to receive state aid for these students under theapplicable laws.
Other school corporations sending children with disabilities asstudents of the school shall pay tuition in accordance withIC 20-35-8-1 through IC 20-35-8-2.    (i) If the state receives funds from the federal government to aidin the operation of any school for children with disabilities, thedivision shall distribute among these schools the grant of federalfunds that are appropriated. The federal funds shall be expended forthe purposes for which the funds are granted.
    (j) Except as provided in section 9 of this chapter with regard topreschool children with disabilities, schools or classes for childrenwith disabilities shall be operated by the school corporationestablishing the schools or classes under:
        (1) Indiana laws applying to the operation of public schools;and
        (2) the supervision of the division.
    (k) Teachers in classes and schools for children with disabilities:
        (1) shall be appointed in the same manner as other public schoolteachers; and
        (2) must possess:
            (A) the usual qualifications required of teachers in the publicschools; and
            (B) any special training that the state board requires.
    (l) The state board shall adopt rules under IC 4-22-2 governing thequalifications required of preschool teachers under contractualagreements entered into under section 9 of this chapter.
    (m) Qualifications of paraprofessional personnel to be employedunder this chapter are subject to a determination by the department.Before any type of special class organized or to be organized underthis chapter is established in any school corporation or through anycontractual agreement, the special class must be submitted to andapproved by the state board.
    (n) The state board shall adopt rules under IC 4-22-2 necessary forthe proper administration of this chapter.
As added by P.L.1-2005, SEC.19. Amended by P.L.99-2007,SEC.179.

IC 20-35-4-2
Special schools for children with disabilities; payment andfinancing
    Sec. 2. (a) The division may, upon application by the governingbody of a school corporation, together with proof of need, authorizethe school corporation to purchase, convert, remodel, or constructrooms or buildings for special schools for children with disabilitiesin an effort to have the schools located near the homes of thechildren with disabilities the schools will serve.
    (b) The school corporation:
        (1) shall pay the cost of purchase, conversion, remodeling, andconstruction and the cost of building equipment of any suchschool; and
        (2) may finance such conversion, remodeling, and constructionas other school buildings are financed.
    (c) The school corporation establishing any such school may sendall its children with disabilities to the school and shall admit, if

facilities permit, any other children with disabilities in Indiana who:
        (1) are eligible under this chapter; and
        (2) are not provided with an opportunity to attend an adequateschool in their own school corporation.
As added by P.L.1-2005, SEC.19.

IC 20-35-4-3
Medical responsibility for children with disabilities; specialeducation eligibility; qualifications for nurses and specialtherapists; responsibility of department of health
    Sec. 3. (a) The medical care of a child with a disability is theresponsibility of the physician chosen by the parent to attend thechild. However, a child with a disability is not excused fromattending school unless the local health officer, upon a statement ofthe attending physician, certifies that attendance would be injuriousto the child. The educational and recreational program may not alterin any way the medical care prescribed by the proper medicalauthority. Eligibility for all special education classes and programsmust be determined by appropriate specialists.
    (b) All nurses and special therapists in physical therapy,occupational therapy, and related medical fields must be:
        (1) graduates of fully accredited training schools; and
        (2) registered by their respective examining boards or by theirrespective professional associations.
    (c) The medical care of needy children with disabilities is theresponsibility of the state department of health and its program forchildren with special health care needs, to the extent provided bylaw.
    (d) The personnel and facilities under the program for childrenwith special health care needs shall be used at all times for thefollowing:
        (1) The determination of policies related to the medical care ofchildren with disabilities.
        (2) The professional supervision of all special therapists.
        (3) Individual casework as available.
As added by P.L.1-2005, SEC.19.

IC 20-35-4-4
Special education fund; appropriation
    Sec. 4. (a) For the administration and field service of the division,there is appropriated annually out of the excise funds of the alcoholand tobacco commission an amount to administer this chapter asdetermined by the general assembly.
    (b) Money appropriated under this section shall be deposited intoa special fund in the state treasury to be known as the specialeducation fund. The special education fund shall be:
        (1) administered by the state superintendent; and
        (2) used only for the administration of IC 20-35-2 throughIC 20-35-6 and IC 20-35-8.
As added by P.L.1-2005, SEC.19.
IC 20-35-4-5
Effect on other statutes
    Sec. 5. This chapter does not amend, alter, or repeal any otherstatute but is supplemental to other statutes.
As added by P.L.1-2005, SEC.19.

IC 20-35-4-6
Religious objection to medical examination
    Sec. 6. (a) Except as provided in subsection (b), this chapter doesnot require a student to:
        (1) undergo physical or medical examination or treatment; or
        (2) be compelled to receive medical instruction;
if the parent of the student, in writing, notifies the teacher orprincipal or other person in charge of the student that the parentobjects to the medical examination, treatment, or instruction becausethe parent relies in good faith on prayer or spiritual means for thetreatment of sickness or affliction.
    (b) An objection may not be made to a physical or medicalexamination of a child with a physical disability to determinewhether the child shall be admitted to any class or school for childrenwith disabilities.
As added by P.L.1-2005, SEC.19.

IC 20-35-4-7
Authority of school corporation to accept and invest gifts; specialfund
    Sec. 7. (a) The governing body of a school corporation may do thefollowing:
        (1) Accept, receive, and administer any gift, devise, legacy, orbequest of real or personal property, including the income fromreal estate:
            (A) to or for the benefit of any school, dormitory, or facilityfor the education of children with disabilities; and
            (B) for any of the purposes contemplated under this chapterand not inconsistent with this chapter or Indiana law.
        (2) Invest or reinvest any of the funds received under thissection in the same kind of securities in which life insurancecompanies are authorized by law to invest their funds.
    (b) All money received by a school corporation under this sectionand all money, proceeds, or income realized from any real estate orother investments or property:
        (1) shall be kept in a special fund;
        (2) may not be commingled with any other fund or fundsreceived from taxation; and
        (3) may be expended by the governing body of the schoolcorporation in any manner consistent with the:
            (A) purposes of IC 20-35-2 through IC 20-35-6 andIC 20-35-8; and
            (B) intention of the donor or donors.
As added by P.L.1-2005, SEC.19.
IC 20-35-4-8
Duty to provide special education program; facilities
    Sec. 8. (a) The school corporation in which a child with adisability resides is primarily responsible for providing the child withan appropriate special education program. The governing body ofeach school corporation shall establish and maintain the specialeducational facilities that are needed for:
        (1) children with disabilities residing in the school corporation;and
        (2) other children as authorized by this chapter.
However, under rules adopted by the state board, a child with adisability may be placed in a special education program that is notestablished or maintained by the school corporation.
    (b) Notwithstanding subsection (a), a school corporation mayestablish special educational facilities for children with disabilitieswho are:
        (1) at least nineteen (19) years of age; or
        (2) less than six (6) years of age.
As added by P.L.1-2005, SEC.19.

IC 20-35-4-9
Preschool special education
    Sec. 9. (a) The budget agency and the division shall develop afunding mechanism to provide preschool special education. Eachschool corporation shall provide each preschool child with adisability with an appropriate special education. However, thissubsection is applicable only if the general assembly appropriatesstate funds for preschool special education.
    (b) A school corporation may act:
        (1) individually;
        (2) in a joint school services program with other schoolcorporations as described in section 1 of this chapter; or
        (3) upon approval by the division, through contractualagreements entered into between a school corporation and aqualified public or private agency that serves preschool childrenwith disabilities.
    (c) The state board shall adopt rules under IC 4-22-2 governingthe following:
        (1) The extent to which a school corporation may contract withanother service provider as permitted under subsection (b).
        (2) The nature of the contracts.
        (3) The approval procedure required of the school corporationunder subsection (b).
        (4) Other pertinent matters concerning these agreements.
As added by P.L.1-2005, SEC.19.

IC 20-35-4-10
Comprehensive plan for educating children with disabilities; rules;age limits
    Sec. 10. (a) For purposes of this section, "comprehensive plan"

means a plan for educating the following:
        (1) All children with disabilities that a school corporation isrequired to educate under sections 8 through 9 of this chapter.
        (2) The additional children with disabilities that the schoolcorporation elects to educate.
    (b) For purposes of this section, "school corporation" includes thefollowing:
        (1) The Indiana School for the Blind and Visually Impairedboard.
        (2) The Indiana School for the Deaf board.
    (c) The state board shall adopt rules under IC 4-22-2 detailing thecontents of the comprehensive plan. Each school corporation shallcomplete and submit to the state superintendent a comprehensiveplan. School corporations operating cooperative or joint specialeducation services may submit a single comprehensive plan. Inaddition, if a school corporation enters into a contractual agreementas permitted under section 9 of this chapter, the school corporationshall collaborate with the service provider in formulating thecomprehensive plan.
    (d) Notwithstanding the age limits set out in IC 20-35-1-2, thestate board may:
        (1) conduct a program for the early identification of childrenwith disabilities, between the ages of birth and less thantwenty-two (22) years of age not served by the public schoolsor through a contractual agreement under section 9 of thischapter; and
        (2) use agencies that serve children with disabilities other thanthe public schools.
    (e) The state board shall adopt rules under IC 4-22-2 requiringthe:
        (1) department of correction;
        (2) state department of health;
        (3) division of disability and rehabilitative services;
        (4) Indiana School for the Blind and Visually Impaired board;
        (5) Indiana School for the Deaf board; and
        (6) division of mental health and addiction;
to submit to the state superintendent a plan for the provision ofspecial education for children in programs administered by eachrespective agency who are entitled to a special education.
    (f) The state superintendent shall furnish professional consultantservices to school corporations and the entities listed in subsection(e) to aid them in fulfilling the requirements of this section.
As added by P.L.1-2005, SEC.19. Amended by P.L.231-2005,SEC.46; P.L.218-2005, SEC.81; P.L.1-2006, SEC.335;P.L.141-2006, SEC.98.

IC 20-35-4-11
Governing bodies powers and duties; diplomas or certificates ofgraduation to children with disabilities
    Sec. 11. (a) The governing bodies of one (1) or more school

corporations establishing and maintaining educational facilities andservices for students with disabilities, as described in this chapter,shall, in connection with establishing and maintaining the facilitiesand services, exercise similar powers and duties as are prescribed bylaw for the establishment, maintenance, and management of otherrecognized educational facilities and services.
    (b) The governing bodies shall:
        (1) include only eligible children in the program; and
        (2) comply with all the requirements of:
            (A) this chapter; and
            (B) all rules established by the state superintendent and thestate board.
    (c) A school corporation may issue diplomas or certificates ofgraduation to pupils with disabilities completing special educationalprograms approved by the state superintendent and the state board.
As added by P.L.1-2005, SEC.19.

IC 20-35-4-12
Special education programs for hearing impaired children
    Sec. 12. Public schools may operate special education programsfor hearing impaired children at least six (6) months of age on anexperimental basis upon the approval of the state superintendent andthe state board.
As added by P.L.1-2005, SEC.19.