CHAPTER 8. TRANSFER AND TRANSPORTATION OF STUDENTS WITH DISABILITIES
IC 20-35-8
Chapter 8. Transfer and Transportation of Students WithDisabilities
IC 20-35-8-1
Transfer of children with disabilities; transportation; tuition
Sec. 1. (a) Except as provided in subsection (b), if a student withlegal settlement in a school corporation is transferred to attendschool in another school corporation because of a disability ormultiple disabilities, the transferor corporation shall:
(1) either:
(A) provide; or
(B) pay for, in the amount determined under section 2 of thischapter;
any transportation that is necessary or feasible, as determinedunder section 2 of this chapter and the rules adopted by the stateboard; and
(2) pay transfer tuition for the student to the transfereecorporation in accordance with IC 20-26-11.
(b) If the student attends a school operated through:
(1) a joint school service and supply program; or
(2) another cooperative program;
involving the school corporation of the student's legal settlement,transportation and other costs shall be made in amounts and at thetimes provided in the agreement or other arrangement made betweenthe participating school corporations.
As added by P.L.1-2005, SEC.19.
IC 20-35-8-2
Transportation for individualized education program; rules onlimitations; liability for costs
Sec. 2. (a) The state board shall adopt rules under IC 4-22-2 toestablish limits on the amount of transportation that may be providedin the student's individualized education program. Unless otherwisespecially shown to be essential by the child's individualizededucation program, in case of residency in a public or private facility,these rules must limit the transportation required by the student'sindividualized education program to the following:
(1) The student's first entrance and final departure each schoolyear.
(2) Round trip transportation each school holiday period.
(3) Two (2) additional round trips each school year.
(b) If a student is a transfer student receiving special education ina public school, the state or school corporation responsible for thepayment of transfer tuition under IC 20-26-11-1 throughIC 20-26-11-4 shall pay the cost of transportation required by thestudent's individualized education program.
(c) If a student receives a special education:
(1) in a facility operated by:
(A) the state department of health; (B) the division of disability and rehabilitative services; or
(C) the division of mental health and addiction;
(2) at the Indiana School for the Blind and Visually Impaired;or
(3) at the Indiana School for the Deaf;
the school corporation in which the student has legal settlement shallpay the cost of transportation required by the student's individualizededucation program. However, if the student's legal settlement cannotbe ascertained, the state board shall pay the cost of transportationrequired by the student's individualized education program.
(d) If a student is placed in a private facility under IC 20-35-6-2in order to receive a special education because the student's schoolcorporation cannot provide an appropriate special educationprogram, the school corporation in which the student has legalsettlement shall pay the cost of transportation required by thestudent's individualized education program. However, if the student'slegal settlement cannot be ascertained, the state board shall pay thecost of transportation required by the student's individualizededucation program.
As added by P.L.1-2005, SEC.19. Amended by P.L.231-2005,SEC.48; P.L.218-2005, SEC.82; P.L.2-2006, SEC.159;P.L.141-2006, SEC.102; P.L.1-2007, SEC.152.