CHAPTER 7. INDIVIDUALIZED EDUCATION PROGRAM; CASE CONFERENCES FOR STUDENTS WITH DISABILITIES; TRANSITIONAL SERVICES
IC 20-35-7
Chapter 7. Individualized Education Program; Case Conferencesfor Students With Disabilities; Transitional Services
IC 20-35-7-1
"Annual case review"
Sec. 1. As used in this chapter, "annual case review" means themeeting of the case conference committee that is conducted annuallyto review and, if needed, revise a student's individualized educationprogram.
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, thestudent, if appropriate, and others at the discretion of the publicagency or the parent and under rules adopted by the state board thatmeets to do any of the following:
(1) Determine a student's eligibility for special education andrelated services.
(2) Develop, review, or revise a student's individualizededucation program.
(3) Determine an appropriate educational placement for eachstudent.
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 acoordinated 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 topostsecondary school activities, including the following:
(A) Postsecondary education.
(B) Career and technical education that is not postsecondaryeducation.
(C) Integrated employment (including supportedemployment).
(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 intoaccount 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 otherpostsecondary educational institution adult living objectives.
(E) Where appropriate, acquisition of daily living skills anda 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 orprivate entity that has direct or delegated authority to provide specialeducation and related services, including the following:
(1) Public school corporations that operate programsindividually or cooperatively with other school corporations.
(2) Community agencies operated or supported by the office ofthe secretary of family and social services.
(3) State developmental centers operated by the division ofdisability and rehabilitative services.
(4) State hospitals operated by the division of mental health andaddiction.
(5) State schools and programs operated by the state departmentof health.
(6) Programs operated by the department of correction.
(7) Private schools and facilities that serve students referred orplaced by a school corporation, the division of specialeducation, the department of child services, or another publicentity.
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 toservices that are provided by public agencies and other organizationsto:
(1) facilitate student movement from the public agency to adultlife; 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 planningdistrict" means the public school administrative unit responsible forproviding special education and related services in a specifiedgeographic area. The term includes the following:
(1) A school corporation.
(2) More than one (1) school corporation that operates under awritten 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" meansa student identified, evaluated, and enrolled in special educationunder 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 ofworkforce development shall provide each school corporation withwritten 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 alloweach student and, if the student's parent is involved, each student'sparent to receive a copy at the annual case review if the purpose ofthe 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 oftransition services, the available adult services provided throughstate and local agencies.
(2) Present information on those services in writing to thestudent 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 confidentialinformation, the public agency and the vocational rehabilitationcounselor shall confer at least one (1) time each year to reviewtransition age students.
(b) If the public agency and the vocational rehabilitationcounselor believe a student may be eligible for and benefit from
vocational rehabilitation services, the public agency shall do thefollowing:
(1) Provide adequate notice to the vocational rehabilitationcounselor regarding the annual case review to be conductedduring the school year before the student's projected final yearof school. The notification to the vocational rehabilitationcounselor must include the name, address, age, and reporteddisability of the student for whom the annual case review isbeing conducted.
(2) At the annual case review, verbally advise and providewritten materials to the student and the parent that describe thefollowing:
(A) The array of vocational rehabilitation services that maybe 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 thecounselor has been notified under subsection (b)(1).
(2) Determine with the student and parent when an applicationfor vocational rehabilitation services will be completed andeligibility determined. However, the application must becompleted not later than the beginning of the last semester ofthe student's last year of receiving services by the publicagency.
(3) If the student has been determined eligible for vocationalrehabilitation services, complete the individual plan foremployment (IPE) before the student's exit from the publicagency.
(4) Provide written information and be available on aconsultative basis to public agency personnel, students, andparents to assist in identifying appropriate transition services.
(5) Perform the duties of advocate and consultant to the studentand, where appropriate, to the student's parent.
(6) Promote communication with the student and parent byattending appropriate student activities, including, uponinvitation, 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 compliancewith the requirements of this chapter as part of the division's ongoingprogram monitoring responsibilities.
(b) The division of disability and rehabilitative services shallmonitor compliance with this chapter by vocational rehabilitationservices programs. (c) The division and the division of disability and rehabilitativeservices 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 receivingappropriate and timely access to services.
As added by P.L.1-2005, SEC.19. Amended by P.L.141-2006,SEC.101.