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.