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

Indiana Statutes

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

Indiana § 20-35-8-2

Title 20EDUCATION

Art. 35SPECIAL EDUCATION

Ch. 8Transfer and Transportation of Students With Disabilities

This text of Indiana § 20-35-8-2 (Transportation for individualized education program; rules on limitations; liability for costs; transportation by appropriate vehicle) 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.

Bluebook

Ind. Code § 20-35-8-2 (2026).

Text

(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 un

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(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 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.]

Legislative History

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.