Sec. 18.8. (a) As used in this section, "school" means the following:
(1) A school maintained by a school corporation.
(2) A charter school.
(3) A state accredited nonpublic school.
(b) The department, in consultation with The Arc of Indiana and the Indiana Council of Administrators of Special Education (ICASE), shall develop a notice for a parent of a student who:
(1) is enrolled in grade 3, 4, or 5; and
(2) has an accommodation that:
(A) is provided as part of the student's:
(i) individualized education program;
(ii) service plan developed under 511 IAC 7-34;
(iii) choice special education plan developed under 511 IAC 7-49; or
(iv) plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794; and
(B) the student is not allowed to use on all or part of the statewide assessment.
(c) The notice developed under subsection (b) must inform the parent of a student described in subsection (b) that the student is not allowed to use the accommodation described in subsection (b)(2) on all or part of the statewide assessment.
(d) The department shall distribute a copy of the notice to each school.
(e) Not later than February 1, 2021, and not later than February 1, 2022, each school shall do the following:
(1) Provide the notice developed under subsection (b) to a parent of a student described in subsection (b) at the annual review of the student's:
(A) individualized education program;
(B) service plan developed under 511 IAC 7-34;
(C) choice special education plan developed under 511 IAC 7-49; or
(D) plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794.
If a parent does not attend the annual review, the school shall provide a copy of the notice to the parent by certified mail or personal delivery.
(2) Discuss and determine, at the annual review described in subdivision (1) in which a parent of the student participates, whether the student may be eligible to opt out of any applicable section of the statewide assessment.
(f) This section expires July 1, 2022.
As added by P.L.82-2020, SEC.6. Amended by P.L.32-2021, SEC.61.
Structure Indiana Code
Article 32. Student Standards, Assessments, and Performance
Chapter 5.1. Indiana's Learning Evaluation Assessment Readiness Network (Ilearn) Program
20-32-5.1-1. Applicability of Chapter
20-32-5.1-3. Indiana's Learning Evaluation Assessment Readiness Network (Ilearn) Program
20-32-5.1-4. Assessment Requirements
20-32-5.1-6. Duties of State Board; Department
20-32-5.1-8. Testing Window; Administration of End of Course Assessments
20-32-5.1-9. Development of United States Government Final Exam
20-32-5.1-11. Students With a Disability; Accommodations
20-32-5.1-12. Scoring of Statewide Assessment by Indiana Teachers; Machine Scoring
20-32-5.1-14.5. Contract With Vendor to Conduct Statewide Assessment
20-32-5.1-16. Annual Performance Reports; Disaggregation of Test Results for High Ability Students
20-32-5.1-18. Development of Policies to Improve Assessment Literacy
20-32-5.1-18.4. Restrictions on Use of Scores
20-32-5.1-18.5. Accommodations; Approval of Guidance or Recommendations