Indiana Code
Chapter 5.1. Indiana's Learning Evaluation Assessment Readiness Network (Ilearn) Program
20-32-5.1-18.8. Notice Regarding Use of Accommodations; Provision of Notice; Discussion and Determination of Opt Out

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

Indiana Code

Title 20. Education

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

20-32-5.1-2. Purpose

20-32-5.1-3. Indiana's Learning Evaluation Assessment Readiness Network (Ilearn) Program

20-32-5.1-4. Assessment Requirements

20-32-5.1-5. Alignment of Assessments to Indiana's College and Career Readiness Educational Standards

20-32-5.1-6. Duties of State Board; Department

20-32-5.1-7. Statewide Assessment; Appropriate Subjects, Grades, and Formation; Administration; Subject Matter; Use of Technology

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

20-32-5.1-10. Acquisition of Statewide Assessment at No Charge; Administration of Statewide Assessment by Nonpublic Schools

20-32-5.1-11. Students With a Disability; Accommodations

20-32-5.1-12. Scoring of Statewide Assessment by Indiana Teachers; Machine Scoring

20-32-5.1-13. Reporting of Proficiency of Students and Student Scores; Criteria to Provide Opportunity to Inspect Questions

20-32-5.1-14. Discussion of Statewide Assessment Results at Parent/teacher Conference; Notice Offering to Meet to Discuss Results; Provision of Enrichment Resources

20-32-5.1-14.5. Contract With Vendor to Conduct Statewide Assessment

20-32-5.1-15. Public Inspection of Statewide Assessment Scores; Reporting of Scores; High Ability Students

20-32-5.1-16. Annual Performance Reports; Disaggregation of Test Results for High Ability Students

20-32-5.1-17. Benchmark, Formative, Interim, or Similar Assessments; Grant or Reimbursement; Data Share Agreement

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

20-32-5.1-18.8. Notice Regarding Use of Accommodations; Provision of Notice; Discussion and Determination of Opt Out

20-32-5.1-19. Adoption of Rules