Ind. Code ch. 20-35-8

Ind. Code § 20-35-8-1 Transfer of children with disabilities; transportation; tuition

Sec. 1. (a) Except as provided in subsection (b), if a student with legal settlement in a school corporation is transferred to attend school in another school corporation because of a disability or multiple disabilities, the transferor corporation shall: (1) either: (A) provide; or (B) pay for, in the amount determined under section 2 of this chapter; any transportation that is necessary or feasible, as determined under section 2 of this chapter and the rules adopted by the state board; and (2) pay transfer tuition for the student to the transferee corporation 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 the times provided in the agreement or other arrangement made between the participating school corporations. (c) Student data, including statewide assessment program testing scores, academic progress, grade level, and graduation date, for a student described in subsection (a) shall be included in determinations for the school corporation in which the student has legal settlement. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-18.1.] As added by P.L.1-2005, SEC.19. Amended by P.L.229-2011, SEC.195; P.L.242-2017, SEC.47.

Ind. Code § 20-35-8-2 Transportation for individualized education program; rules on limitations; liability for costs; transportation by appropriate vehicle

Sec. 2. (a) The state board shall adopt rules under IC 4-22-2 to establish limits on the amount of transportation that may be provided in the student's individualized education program. Unless otherwise specially shown to be essential by the child's individualized education program, in case of residency in a public or private facility, these rules must limit the transportation required by the student's individualized education program to the following: (1) The student's first entrance and final departure each school year. (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 in a public school, the state or school corporation responsible for the payment of transfer tuition under IC 20-26-11-1 through IC 20-26-11-4 shall pay the cost of transportation required by the student's individualized education program. (c) If a student receives a special education: (1) in a facility operated by: (A) the Indiana department of health; (B) the division of disability, aging, 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 shall pay the cost of transportation required by the student's individualized education program. However, if the student's legal settlement cannot be ascertained, the state board shall pay the cost of transportation required by the student's individualized education program. (d) If a student is placed in a private facility under IC 20-35-6-2 in order to receive a special education because the student's school corporation cannot provide an appropriate special education program, the school corporation in which the student has legal settlement shall pay the cost of transportation required by the student's individualized education program. However, if the student's legal settlement cannot be ascertained, the state board shall pay the cost of transportation required by the student's individualized education program. (e) A student's individualized education program may allow for the student's transportation by appropriate vehicle. The state board shall adopt rules under IC 4-22-2 governing transportation of students by appropriate vehicle. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-18.2.] 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; P.L.216-2021, SEC.33; P.L.56-2023, SEC.197; P.L.122-2026, SEC.102.