This text of Indiana § 20-26-11-11.5 (Payments by school corporations to certain facilities providing
education services to students) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
5.
(a)The following definitions apply to
this section:
(1)"ADM" means average daily membership (as defined in IC 20-18-2-2).
(2)"Facility" means a secure private facility described in IC 31-9-2-115(a)(1).
(3)"School corporation" means the Indiana school or charter
school that is receiving state tuition support for the student at the
time of the student's admission to the facility.
(4)"Student" means an individual who:
(A)is more than five (5) years of age and less than twenty-three
(B)has been admitted to a facility; and
(C)was enrolled in a school corporation during the school year
immediately preceding the student's admission to the facility.
(b)This section applies to a student if:
(1)the student is placed in a facility under the written order of a
physician
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5. (a) The following definitions apply to
this section:
(1) "ADM" means average daily membership (as defined in IC 20-18-2-2).
(2) "Facility" means a secure private facility described in IC 31-9-2-115(a)(1).
(3) "School corporation" means the Indiana school or charter
school that is receiving state tuition support for the student at the
time of the student's admission to the facility.
(4) "Student" means an individual who:
(A) is more than five (5) years of age and less than twenty-three
(23) years of age;
(B) has been admitted to a facility; and
(C) was enrolled in a school corporation during the school year
immediately preceding the student's admission to the facility.
(b) This section applies to a student if:
(1) the student is placed in a facility under the written order of a
physician licensed under IC 25-22.5;
(2) the written order of the physician licensed under IC 25-22.5
is based on medical necessity, as determined by a physician
licensed under IC 25-22.5; and
(3) the student receives educational services provided by the
facility.
(c) A facility shall provide written notice to the school corporation
not later than five (5) business days (excluding weekends and holidays)
after a student described in subsection (b) is admitted to the facility.
The written notice must include the following:
(1) The student's name, address, and date of birth.
(2) The date on which the student was admitted to the facility.
(3) A copy of the physician's written order.
(4) A statement that the student has opted out of attending school
under section 8 of this chapter.
(5) A statement that the facility will provide all educational
services to the student during the student's admission in the
facility.
(d) The school corporation shall pay the facility a daily per diem as
determined under subsection (e) for the educational services provided
by the facility to the student during the student's admission in the
facility. The school corporation may not be required to pay for any
educational services provided to the student by the facility exceeding
one hundred eighty (180) instructional days or an amount exceeding
the student's proportionate share of state distributions paid to the school
corporation, as determined under subsection (e).
(e) A school corporation shall pay to the facility an amount, prorated
according to the number of instructional days for which the student
receives the educational services, equal to:
(1) the student's proportionate share (as compared to the school
corporation's total ADM) of basic tuition support (as determined
under IC 20-43-6-3) distributions that are made to the school
corporation for the school year; and
(2) any special education grants received by the school
corporation for the student under IC 20-43-7.
Upon request of a facility, the department shall verify the amounts
described in this subsection for a student admitted to the facility.
(f) A school corporation responsible for making a per diem payment
under this section shall pay the facility not later than sixty (60) days
after receiving an invoice from the facility. The school corporation and
the facility are entitled to the same remedies for disagreements over
amounts or nonpayment of an amount due as are provided under the
laws governing transfer tuition.
(g) For each student admitted to a facility, the facility shall provide
the following in accordance with rules adopted by the state board:
(1) An educational opportunity, including special education and
related services, that is comparable to that of a student attending
a school in the school corporation.
(2) A level of educational services from the facility that is
comparable to that of a student attending a school in the school
corporation.
(3) Unless otherwise provided in a student's individualized
education program (as defined in IC 20-18-2-9), educational
services that include at least the following:
(A) An instructional day that meets the requirements of IC 20-30-2-2.
(B) A school year with at least one hundred eighty (180)
student instructional days as provided under IC 20-30-2-3.
(C) Educationally appropriate textbooks and other materials.
(D) Educational services provided by licensed teachers.
(h) The state board shall adopt a rule under IC 4-22-2 that addresses
the responsibilities of the school corporation and the facility with
regard to a student with an individualized education program.
(i) This section does not limit a student's right to attend a school as
provided in section 8 of this chapter.
(j) The state board shall adopt rules under IC 4-22-2 as necessary to
implement this section.