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Indiana State Laws Governing Special Education Law

Indiana laws governing special education law -- Title 511, Article 7

To download Article 7: Administrative Orders and Procedures Act -- IDOE publication

Violations of Indiana's ARTICLE 7

Violations of Indiana's ARTICLE 7, which governs special education law here, that have been found in the past:

Whether the district violated:

511 IAC 7-4-4 by failing to make available special education and related services to a student with a disability during the time the student was home schooled.

511 IAC 7-10-2(f)(1) through (4) with regard to the school's alleged failure to notify the parent in writing of the components of general education intervention prior to the initiation of general education intervention.

511 IAC 7-10-3(c) with regard to the school's alleged failure to hold a personal meeting with the parent or otherwise notify the parent in writing to obtain and share the information identified in 511 IAC 7-10-3(c)(1) through (6) after the parent requested an evaluation.

511 IAC 7-10-3(c)(6) with regard to the school's alleged failure to provide the parent with written notice of parent rights and procedural safeguards after the parent requested an evaluation in March 2000.

511 IAC 7-10-3(e) with regard to the school's alleged failure to conduct an educational evaluation and convene a case conference committee(CCC) within forty instructional days of the date of the parent's written consent in March 2000.

511 IAC 7-10-3(g) with regard to the school's alleged failure to conduct a comprehensive educational evaluation before determining the student is eligible for special education and related services.

511 IAC 7-11-7(b) and (d) with regard to the school's alleged failure to ensure that all the criteria for determining the student's eligibility as a student with a learning disability was considered by the CCC.

511 IAC 7-11-7(e) with regard to the school's alleged failure to ensure that a written report of the results of the multidisciplinary evaluation team was presented to the CCC and included the requisite information.

511 IAC 7-12-1(e)(1) with regard to the school's alleged failure to ensure that a public agency representative participated in the student's CCC meetings.

511 IAC 7-12-1(e)(2) and (7) with regard to the school's alleged failure to include in the case conference committee (the "CCC") meeting one or more of the student's current teachers or, for a new student, a teacher licensed in the area of the suspected disability; and at least one member of the multidisciplinary evaluation team or some other person knowledgeable about the evaluation procedures used and familiar with the evaluation results if the student was evaluated for the first time.

511 IAC 7-17-3 with regard to the school's alleged failure to provide the parent with adequate written notice of the CCC meeting.

511 IAC 7-17-7 with regard to the school's alleged failure to provide a free appropriate public education at no cost to the parent.

511 IAC 7-17-8 with regard to the school's alleged failure to ensure that the behavioral intervention plan (BIP) included as part of the student's IEP, describes how the student's environment will be altered, identifies positive behavioral intervention strategies, and specifies which skills will be taught in an effort to change a specific pattern of behavior of the student.

511 IAC 7-17-8 with regard to the school's alleged failure to ensure that a functional behavioral assessment was completed prior to developing a behavioral intervention plan.

511 IAC 7-17-36 with regard to the school's alleged failure to provide a student with a disability a free appropriate public education.

511 IAC 7-17-36(4) with regard to the school's alleged failure to provide a free appropriate public education (FAPE) by assuring the student's services are provided in conformity with an IEP that meets the requirements of Article 7.

511 IAC 7-17-64(6) with regard to the school's alleged failure to assure that the Student's services are designed to meet the unique needs of a student eligible for special education and related services.

511 IAC 7-17-72 with regard to the school's alleged failure to ensure the student's teacher of record:

1. regularly monitored the implementation of the student's IEP;
2. provided progress reports to the student's parent; and
3. ensured adaptations and accommodations were implemented as required by the IEP.
4. informed the student's extended school year (ESY) teacher of his or her responsibilities related to implementing the student's IEP.

511 IAC 7-17-72 with regard to the school's alleged failure to designate a single special education teacher, licensed in the area of the student's disability, as the student's teacher of record.

511 IAC 7-18-2 by failing to provide a free appropriate public education ("FAPE") to a student with a disability by failing to allow the student to return to school subsequent to a period of expulsion.

511 IAC 7-18-2(a) with regard to the school's alleged failure to provide a free appropriate public education to a student with a disability who is less than 22 years of age and has not received a regular high school diploma.

511 IAC 7-18-2(a) with regard to the school's alleged failure to provide a free appropriate public education to a student who is at least three years of age and identified as disabled under 511 IAC Article 7.

511 IAC 7-18-2(a) with regard to the school's alleged failure to provide a free appropriate public education at no cost to the parent.

511 IAC 7-18-2(a) with regard to the school's alleged failure to provide a free appropriate public education to a student with a disability at least three years of age and less than 22 years of age.

511 IAC 7-19-1(g)(2) with regard to the school's alleged failure to include a representative of the student's private school at the October 4, 2000, and December 12, 2000, CCC meetings.

511 IAC 7-19-1(g)(1) with regard to the school's alleged failure to develop an IEP in accordance with 511 IAC 7-27-6 for a student with a disability who was unilaterally enrolled by the parent in a private school.

511 IAC 7-19-1(j) with regard to the school's alleged failure to expend at least an amount that is the same proportion of the public agency's total subgrant under 20 U.S.C. 1411(g) as the number of private school students with disabilities who are three years of age, but less than twenty-two years of age residing in its boundaries is to the total number of students with disabilities of the same age range.

511 IAC 7-20-3(a) by failing to implement a comprehensive system of personnel development that provides for the training and information dissemination to parents regarding the provision of a free appropriate public education.

511 IAC 7-21-2(a) by failing to use appropriately licensed or certified personnel to conduct an evaluation of the student.

511 IAC 7-21-2(b) with regard to the school's alleged failure to ensure that:

a. the use of an instructional assistant in the classroom is done under the direction and supervision of a licensed teacher.

511 IAC 7-21-3 by failing to provide the student with an instructional day of the same length that is provided for students without disabilities who attend the same middle school.

511 IAC 7-21-4(a) by unilaterally shortening the Student's instructional day.

511 IAC 7-21-5(b) with regard to the school's alleged failure to include in its disaster plan, provisions for warning and evacuating this student with a disability who requires special warning and evacuation procedures.

511 IAC 7-21-6(d) with regard to the school's alleged failure to provide the student with assistive technology services.

511 IAC 7-21-7(c) with regard to the school's alleged failure to include in the student's educational record a student-specific justification for the student's transit time exceeding the transit time of nondisabled students of comparable age in the school corporation.

511 IAC 7-21-7(d) by requiring the parent of a student with a disability to provide transportation for the student.

511 IAC 7-22-1(b) with regard to the school's alleged failure to ensure that the notice of procedural safeguards (sent with notification of a case conference committee meeting) is printed in a format that is easy to read.

511 IAC 7-22-1(d) with regard to the school's alleged failure to provide the parent with a copy of the notice of procedural safeguards at the time of notification of a CCC meeting.

511 IAC 7-23-1 by disclosing personally identifiable information about the student to local law enforcement authorities without the parent's consent.

511 IAC 7-23-1(c) by advising the parent that she could not discuss the student's educational record with anyone during the parent's inspection and review of the educational record.

511 IAC 7-23-1(d) and (f) with regard to the school's alleged failure to permit the parent to inspect the student's educational record.

511 IAC 7-23-1(f) with regard to the school's alleged failure to provide the parents with access to the student's educational record upon the parents¿ request.

511- IAC-7-23-1(f) by failing to provide the parent with access to a copy of the tape recording of the March 11, 2002, CCC meeting.

511 IAC 7-23-1(p) by disclosing personally identifiable information to the local circuit court without obtaining consent of the parent or eligible student.

511 IAC 7-23-1(p) and (q) with regard to the school's alleged disclosure of personally identifiable information about a student with a disability to an unauthorized individual.

511 IAC 7-23-2(b) and (c) with regard to the school's alleged failure to notify the parents of the school's response to the parent's request to amend the student's educational record within ten business days of the parent's request.

511 IAC 7-24-1(b)(1) and (3) with regard to the school's alleged failure to assign an educational surrogate parent when no parent, as defined in 511 IAC 7-17-57, can be identified, and when the student is a ward of the state under the laws of the state.

511 IAC 7-24-4(b) by failing to take whatever action is necessary to ensure the parent understands the proceedings of the CCC meeting.

511 IAC 7-25-2 with regard to the school's alleged failure to identify and evaluate a student who may need special education and related services.

511 IAC 7-25-3(k) by failing to evaluate a student before determining the student was no longer eligible as a student with a communication disorder.

511 IAC 7-25-4(a) with regard to the school's alleged failure to hold a personal meeting with the parent or otherwise notify the parent in writing to obtain and share the information identified in 511 IAC 7-25-4(a)(1) through (8) after the parent requested an evaluation.

511 IAC 7-25-4(k) by failing to make a copy of the evaluation report available to the parent no later than five days prior to the date of the scheduled case conference committee (CCC) meeting.

511 IAC 7-25-5(a) by failing to provide the parent, upon the parent's request, with information about where an independent educational evaluation may be obtained and the school's criteria applicable to independent evaluations.

511 IAC 7-25-5(c) with regard to the school's alleged failure, within ten business days of a parent's request for an independent educational evaluation at public expense, to notify the parent in writing that the evaluation would be at public expense or that a due process hearing would be initiated to demonstrate the appropriateness of the school's evaluation.

511 IAC 7-25-5(e)(1) with regard to the school's alleged failure to ensure the case conference committee considered the results of an independent evaluation in determining the provision of a free appropriate public education to the student.

511 IAC 7-25-6(a) by failing to conduct a reevaluation of the student at least every 36 months.

511 IAC 7-25-6(g)(2) and (3) with regard to the school's alleged failure to notify the complainant after the case conference committee determined that no additional data were needed to determine whether the student continued to be eligible for special education of the complainant's right to request an assessment to determine whether the student continued to be eligible for special education, and that the school was not required to conduct such an assessment unless requested by the complainant.

511 IAC 7-25-6(i) by failing to provide the parent with adequate notice of the school's intent to conduct a reevaluation of the student, specifically:

1. failing to verbally notify the parent and include the notice in the case conference committee (CCC) report the year prior to the reevaluation; and
2. failing to provide written notice to the parent no less than 20 days prior to the projected date of the reevaluation.

511 IAC 7-25-6(j) with regard to the school's alleged failure to provide the parent with written notice that the reevaluation has been conducted and include a copy of the reevaluation report with the notice within twenty instructional days after the reevaluation.

511 IAC 7-25-7 with regard to the school's alleged failure to conduct an evaluation and convene the CCC within sixty instructional days of the date of the parent's written consent.

511 IAC 7-25-7 with regard to the school's alleged failure to conduct an additional evaluation, specifically an augmentative communication assessment, within sixty instructional days from the date of the parent's written consent.

511 IAC 7-25-7(b) with regard to the school's alleged failure to convene a case conference committee meeting subsequent to the completion of an additional evaluation.

511 IAC 7-26-2(d) with regard to the school's alleged failure to ensure that professional and paraprofessional staff working with a student with autism spectrum disorder have received specialized inservice training in the disability area.

511 IAC 7-27-2 with regard to the school's alleged failure to provide the parents with adequate notice of the case conference committee (CCC) meeting, including the requirements of 511 IAC 7-27-2(d).

511 IAC 7-27-2 with regard to the school's alleged failure to provide the parent with adequate notice of the case conference committee (CCC) meeting and to schedule the CCC meeting at a mutually agreed upon date and time.

511 IAC 7-27-2(a) with regard to the school's alleged failure to schedule a case conference committee (CCC) meeting at a mutually agreed upon date and time.

511 IAC 7-27-2(b)(1) by failing to keep detailed records of telephone calls made or attempted and the results of the calls when arranging a CCC meeting.

511 IAC 7-27-2(c), 511 IAC 7-27-2(d) and 511 IAC 7-17-3 with regard to the school's alleged failure to provide the parent with adequate notice of the CCC meeting.

511 IAC 7-27-2(a) with regard to the school's alleged failure to schedule the case conference committee (the "CCC") meeting at a mutually agreed upon date and time.

511 IAC 7-27-2(a) with regard to the school's alleged failure to utilize other methods to ensure the participation of a parent who cannot attend a CCC meeting in person.

511 IAC 7-27-2(b)(1) by failing to keep detailed records of telephone calls made or attempted and the results of the calls when arranging a CCC meeting.

511 IAC 7-27-2(c) and 511 IAC 7-17-3 with regard to the school's alleged failure to provide the parent with adequate notice of the CCC meeting.

511 IAC 7-27-2(c) by failing to provide special education and related services to a student with a disability who has been expelled.

511 IAC 7-27-2(d) with regard to the school's alleged failure to include the purpose of the case conference committee meeting on the notice for the meeting scheduled.

511 IAC 7-27-2(d) with regard to the school's alleged failure to include in the notice of case conference committee meeting the name and title or position of expected case conference committee participants for the case conference committee meeting.

511 IAC 7-27-3(a) with regard to the school's alleged failure to include in the November 28, 2000 case conference committee("CCC") meeting a representative from the school who was knowledgeable about the availability of the school's resources.

511 IAC 7-27-3(a)(1)(A), (B), and (C) with regard to the school's alleged failure to ensure that the CCC participants included a representative of the public agency.

511 IAC 7-27-3(a)(3) with regard to the school's alleged failure to include a general education teacher in the case conference committee meeting for student.

511 IAC 7-27-3(a)(4) with regard to the school's alleged failure to ensure that the case conference committee (CCC) developed the student's individualized education program (IEP) and determined placement in the least restrictive environment as a group, instead of unilaterally determining a number of IEP components and placement in the least restrictive environment.

511 IAC 7-27-3 with regard to the school's alleged failure to include all required participants in the CCC meeting.

511 IAC 7-27-3(a) with regard to the school's alleged failure to include in the November 28, 2000 case conference committee("CCC") meeting a representative from the school who was knowledgeable about the availability of the school's resources.

511 IAC 7-27-4 by convening a CCC meeting in the absence of the parent and student.

511 IAC 7-27-4(a)(3) with regard to the school's alleged failure to convene a CCC meeting upon the parents' request.

S 511 IAC 7-27-4(a)(3) with regard to the school's alleged failure to convene a case conference committee meeting at the parent's request to conduct a manifestation determination.

511 IAC 7-27-4(a)(5) with regard to the school's alleged failure to convene a case conference committee (the "CCC") meeting within ten instructional days of the enrollment date of a student who had been receiving special education services in another state or district within the state.

511 IAC 7-27-4(c) with regard to the school's alleged failure to utilize the case conference committee (CCC) to develop annual goals and short-term objectives for the student's individualized education program (IEP).

511 IAC 7-27-4(c)(1) with regard to the school's alleged failure to ensure the CCC, in developing the student's IEP, considered the strengths of the student and the concerns of the parent for enhancing the education of the student.

511 IAC 7-27-4(c) by unilaterally changing student's placement and the placement of other similarly situated students and failing to convene case conference committees to determine the need for any of the changes of placement.

511 IAC 7-27-4(c) with regard to the school's alleged failure to ensure that the case conference committee (CCC) developed the student's individualized education program (IEP) and determined placement in the least restrictive environment as a group, instead of unilaterally determining a number of IEP components and placement in the least restrictive environment.

511 IAC 7-27-4(c)(2) and (3) with regard to the school's alleged failure to consider the report of the student's psychiatrist and strategies to address the student's behavior in developing or revising the student's IEP.

511 IAC 7-27-4(c)(3) with regard to the school's alleged failure to ensure the case conference committee considered strategies, including positive behavioral interventions and supports, to address a student's behavior that impedes the student's learning or the learning of others.

511 IAC 7-27-4(c)(5) by failing to ensure the CCC considered the student's language and communication needs, opportunities for direct communications in the Student's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the student's language and communication mode.

511 IAC 7-27-5 with regard to the school's alleged failure to include in the CCC report a statement of the student's eligibility for special education and related services.

511 IAC 7-27-5(a)(4) with regard to the school's alleged failure to include a copy of the student's IEP when providing the parent with the written report of the case conference committee.

511 IAC 7-27-5(a)(7) with regard to the school's alleged failure to include, as part of the written CCC report, the written opinion of the student.

511 IAC 7-27-5(c) with regard to the school's alleged failure to provide the parent with a written report of the case conference committee (the "CCC") meeting and the student's IEP within 10 business days of the CCC meetings.

511 IAC 7-27-5(d) and (f) with regard to the school's alleged failure to obtain parental consent prior to changing the student's placement.

511 IAC 7-27-5(d) by changing the student's placement to homebound instruction without the parent's consent.

511 IAC 7-27-6(a)(1) with regard to the school's alleged failure to include in the student's individualized education program (IEP) a statement of the student's present level of performance, including how the student's disability affects the student's involvement and progress in the general education curriculum.

511 IAC 7-27-6(a)(2) with regard to the school's alleged failure to ensure that the annual goals and short-term objectives included in the student's IEP are measurable.

511 IAC 7-27-6(a)(3) by failing to include a statement of the program modifications or supports for school personnel that will be provided for the student to advance appropriately toward attaining the annual goals.

511 IAC 7-27-6(a)(4) with regard to the school's alleged failure to include in the student's IEP a statement regarding the student's participation in statewide or local assessments, including appropriate accommodations in testing materials and procedures the student may need to participate in such assessments.

511 IAC 7-27-6(a)(5) with regard to the school's alleged failure to specify in the student's IEP the length and frequency of special education services.

511 IAC 7-27-6(a)(6) with regard to the school's alleged failure to include in the student's IEP an explanation of the extent to which the student will not participate with nondisabled students in general education classes or settings.

511 IAC 7-27-6(a)(7) with regard to the school's student's progress toward annual goals and objectives will be measured and how the student's parent will be regularly informed of the progress.

511 IAC 7-27-6(a)(8) with regard to the school's alleged failure to include in the student's IEP a statement of the student's need for extended school year services.

511 IAC 7-27-6(a)(10) with regard to the school's alleged failure to ensure the CCC considered a continuum of placement options, including instruction in general education classes with supplementary aids and services, when determining the student's placement in the least restrictive environment.

511 IAC 7-27-6(5) with regard to the school's failure to include the initiation and duration of services dates in the IEP.

511 IAC 7-27-7(a) with regard to the school's alleged failure to implement the student's individualized education program (IEP) as written.

511 IAC 7-27-7(a) by failing to implement the student's individualized education program (IEP) as written when a substitute teacher was assigned to the student's class, specifically failing to implement behavior modifications.

511 IAC 7-27-7(b) with regard to the school's alleged failure to ensure the student's teacher of record:

1. regularly monitored the implementation of the student's IEP;
2. provided progress reports to the student's parent; and
3. ensured adaptations and accommodations were implemented as required by the IEP.

511 IAC 7-27-7(d) with regard to the school's alleged continued implementation of an IEP for a period of more than twelve months.

511 IAC 7-27-7(e) with regard to the school's alleged failure to have an individualized education program (IEP) in effect at the beginning of the school year.

511 IAC 7-27-9(a)(2) with regard to the school's alleged failure to ensure the CCC considered a continuum of placement options, including instruction in general education classes with supplementary aids and services, when determining the student's placement in the least restrictive environment.

511 IAC 7-27-9(a)(4) with regard to the school's alleged failure to ensure the CCC determined the student's placement subsequent to developing the student's IEP.

511 IAC 7-27-9(b) with regard to the school's alleged failure to make available to a student with a disability the variety of educational programs and services it makes available to students without disabilities.

511 IAC 7-27-9(d) with regard to the school's alleged failure to identify in the student's IEP the least restrictive environment from the continuum of placement options made available by the school.

511 IAC 7-27-11(b)(2) with regard to the school's alleged failure to provide homebound instruction for a chronically ill student whose physician provided a written statement that he would be absent for at least 20 instructional days during the school year.

511 IAC 7-28-1(f) with regard to the school's alleged failure to follow appropriate procedures for providing occupational therapy services to students with disabilities.

511 IAC 7-28-3(d) with regard to the school's alleged failure to refer the student for vocational rehabilitation services in a timely manner.

511 IAC 7-28-3(d) by failing to review the student's status with the vocational rehabilitation counselor at least one time per year, and failing to provide notice to the vocational rehabilitation counselor regarding the case conference committee (CCC) meeting during the school year prior to the student's projected final year of school.

511 IAC 7-28-4(d) by failing to provide written notice at a case conference committee (CCC) meeting no later than the student's 17th birthday, that the rights currently afforded the parent will transfer to the student at the age of 18 unless a guardianship of the student has been obtained.

511 IAC 7-29-1(d) and (f) with regard to the school's alleged failure to follow the prescribed procedures when suspending the student.

511 IAC 7-29-1(f) with regard to the school's alleged failure to provide educational services to a student with a disability who has been suspended from school for more than ten cumulative instructional days in a school year.

511 IAC 7-29-1(g)(2) with regard to the school's alleged failure to ensure that the student has the opportunity to receive the special education services specified in the student's individualized education program while serving an in-school suspension.

511 IAC 7-29-1(l) and IC 20-8.1-5.1-12 with regard to the school's alleged failure to provide, subsequent to the suspension of a student, a written statement to the parent regarding the student's misconduct and action taken.

511 IAC 7-29-2 by failing to comply with change of placement procedures when suspending a student for more than ten consecutive instructional days;

511 IAC 7-29-2(b) by failing to follow appropriate change of placement procedures (pursuant to 511 IAC 7-27-5) when suspending a student for more than ten consecutive instructional days.

511 IAC 7-29-4(f) with regard to the school's alleged failure to terminate the student's suspension upon the case conference committee's determination that the student's misconduct was a manifestation of the student's disability.

511 IAC 7-29-5 by failing to convene the case student's functional behavior (if no functional behavioral assessment has been conducted) or review an existing behavioral intervention plan to determine if modifications are necessary.

511 IAC 7-29-5 by failing to conduct a functional behavior assessment within ten business days after first suspending the student for more than ten cumulative instructional days in a school year.

511 IAC 7-29-5(a) with regard to the school's alleged failure to convene the CCC within 10 business

days after expelling the student to develop a plan for conducting a functional behavioral assessment or review an existing behavioral intervention plan.

511 IAC 7-29-6 by failing to convene a case conference committee (CCC) to conduct a manifestation determination within 10 instructional days of deciding to change the student's placement for disciplinary reasons;

511 IAC 7-29-6(a) with regard to the school's alleged failure, when removing the student from the student's current placement for more than 10 consecutive instructional days, to notify the parent of the decision and provide the parent with the notice of procedural safeguards.

511 IAC 7-29-6(b) with regard to the school's alleged failure to convene the CCC to conduct a manifestation determination within 10 instructional days after removing the student from the student's current placement for more than 10 consecutive instructional days.

511 IAC 7-29-6(j) by appointing an expulsion examiner prior to conducting a manifestation determination.

511 IAC 7-30-1(g) with regard to the school's alleged failure to ensure that the mediation agreement reached by the parties was submitted to the case conference committee for approval.

511 IAC 7-30-1(h) by failing to ensure the confidentiality of a mediation session when an individual, participating in the mediation session at the school's request, submitted details of the mediation session in a civil proceeding.

511 IAC 7-30-3(w) with regard to the school's alleged failure to implement the final orders of the independent hearing officer.

Code of Federal Regulations -- Federal Law

Whether the district violated:

28 CFR 35.150(a) with regard to the school's alleged failure to provide the student with access and entry into the building upon the student's arrival in the mornings.

34 CFR 300.344(a)(5) with regard to the school's alleged failure to include in the April 14, 2000, case conference committee (CCC) meeting an individual who can interpret the instructional implications of evaluation results.

34 CFR 300.346(a)(2)(i) with regard to whether the case conference or IEP team in the case of a child whose behavior impedes his or her learning or that of others, did not consider strategies, including positive behavioral interventions, strategies, and supports to address that behavior.

34 CFR 300.504(a)(2) with regard to the school's alleged failure to provide the parent with a copy of the notice of procedural safeguards at the time of notification of a CCC meeting.

34 CFR 300.534(C)1 with regard to whether a public agency failed to evaluate a child with a disability in accordance with 300.532 and 300.533 before determining that the child is no longer a child with a disability.

34 CFR 300.562 with regard to whether the school failed to allow the parents to review documents prior to an IEP meeting.