Special education or related services for eligible choice scholarship students; adoption of rules

Sec. 4.5. (a) If an eligible choice scholarship student:

(1) who attends school at a choice scholarship school; and

(2) who is eligible to receive special education funds under IC 20-43-7;

chooses to receive special education services at a school corporation required to provide special education services to the eligible choice scholarship student under 511 IAC 7-34-1, the special education funds under IC 20-43-7 for that student will be made available to the school corporation where the student receives special education services.

(b) Notwithstanding 511 IAC 7-34-1(d)(4), a public school is not required to make available special education and related services to an eligible choice scholarship student if the eligible choice scholarship student receives funds under section 4(a)(2) of this chapter and the special education services are provided to the eligible choice scholarship student by the eligible school. This subsection may not be construed as a restriction or limitation on any of the rights, benefits, and protections granted to an individual under the federal Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. 1400 et seq.).

(c) A school corporation may not include an eligible choice scholarship student who receives an amount under section 4(a)(2) of this chapter in the school corporation's count under IC 20-43-7.

As added by P.L.211-2013, SEC.12. Amended by P.L.26-2014, SEC.2; P.L.106-2016, SEC.18.