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The reauthorization of the IDEA in 2004 addressed the responsibilities of public schools (referred here after as the public agency) and the entitlement of students unilaterally enrolled in non-public schools by their parents. These responsibilities and entitlements are overseen by the Indiana Department of Education, Center for Exceptional Learners. The Indiana Department of Education, Center for Exceptional Learners is known as the State Education Agency, or SEA. The SEA has many responsibilities under state and federal regulations including monitoring, compliance, and technical assistance. Another responsibility is the disbursement of special education funding to eligible recipients. The SEA sends all funds generated to the Local Education Agency or LEA to fund special education programs and services. The organization of LEAs for providing special education services varies across the state. For more information regarding special education and non-public schools please see: US Department of Education  

PLANNING DISTRICT ORGANIZATION

The LEA where a nonpublic school is located is responsible for the provision of special education and related services for parentally-placed students with disabilities regardless of the student’s legal residence.  A student with a disability from another school corporation and in some instances from another state may be placed by their parents in a nonpublic school that is outside the LEA of their residence.  It is the responsibility of the LEA where the nonpublic school is located to provide services to that student. Responsibilities pertaining to special education are carried out in Indiana through Special Education Planning Districts. Indiana has one hundred Special Education Planning Districts, each of which are organized under one of four structures outlined in State statute.

Forty-one planning districts are organized under a Joint Service and Supply Agreement. Under a Joint Service and Supply Agreement, two or more school corporations join together to provide special education programs and services to the students in their respective school corporations. One of the school corporations agrees to act as the fiscal agent for the special education planning district. In this arrangement, this fiscal agent (School Corporation) is known as the LEA and has the responsibility to see that special education funding is obtained.

In many instances, staff is hired under the LEA's collective bargaining agreement. These staff members receive the same salary and benefits as the LEA staff even though staff may work in a different school corporation.

The governing board for a planning district organized under a Joint Service and Supply Agreement usually consists of the Superintendents of the member School Corporations. The boards are required to meet regularly. Some boards may meet monthly; some may meet quarterly. Meetings of the board are subject to the requirements of the Indiana Open Door Law (IC 5-14-1.5). See the list of Joint Service and Supply Districts. 

Forty-six school corporations provide special education services to their school corporation independently of other school corporations. These are known as single districts. In this arrangement, the school corporation is known as the Local Education Agency or LEA and special education becomes a department within the school corporation. The local school board has oversight of special education just as all educational programs of the school corporation. This board again meets on a regular basis and the meetings are subject to the requirements of the Indiana Open Door Law. See the list of Single Districts.

Twelve planning districts are organized under the Interlocal Cooperation Act. Under Interlocal agreements, two or more school corporations join together to provide special education programs and services to the students in their school corporations. An Interlocal has all of the rights and responsibilities as a school corporation except it has no taxing authority. Staff is hired under a separate contract with the Interlocal. The Interlocal bargains with teachers for salary, benefits and contract language. The governing board of the Interlocal meets regularly and usually consists of the school superintendents of the member school corporations. This body acts as any public school board of education in setting policy, overseeing programs provided by the Interlocal, and must comply with the Indiana Open Door Law. The Interlocal acts as its own fiscal agent and special education funds generated by the member school corporations are sent directly to the Interlocal. The primary reason for planning districts organizing under this structure is to relieve the fiscal and administrative burden placed on a single corporation in a joint service program. See the list of Interlocal Districts.

One planning district is organized under the Special Education Cooperatives Act (formerly called the Joint School Provisions Act). This is the Northwest Indiana Special Education Cooperative. Under the Special School Act, it acts as an Interlocal. The only difference is that it was organized under the Special Education Cooperatives Act (IC 20-1-6-20). See the list for the Cooperative District.

PUBLIC AGENCY

In Article 7 the term "Public Agency" is used throughout the regulations. For our purposes, LEA and Public Agency are being used synonymously. The term Public Agency as used in this context means:

• Any public or private entity that has direct or delegated authority to provide special education and related services, including:
• Public school corporations operating programs individually or cooperatively;
• Community agencies, state developmental centers, and state-operated facilities of the division of mental health;
• Programs operated by the state department of health;
• Indiana School for the Blind & School for the Deaf; or
• Programs operated by the department of correction.

Regardless of the organizational structure, special education cooperatives vary greatly. Some cooperatives are centrally organized and decision-making is more centrally structured. Some cooperatives are very much decentralized, and decision-making is given to individual school corporations. In order to ascertain how the cooperative where the nonpublic school is located operates, a conversation with the Director of Special Education would be beneficial.

NONPUBLIC SCHOOLS AND FACILITIES

In Indiana the regulations that govern the provision of special education and related services for students with disabilities are known as Article 7 [Section 511 of the Indiana Administrative Code (IAC) Rules 32 through 47]. Article 7 consists of fifteen (15) separate rules. Rule 34 is the Rule that speaks specifically to nonpublic schools or facilities.

The requirements of this rule apply to students who have been unilaterally enrolled by the parent in a nonpublic school or facility. To “unilaterally enroll” means that the parent enrolled their child in a nonpublic school on their own - without a referral by the public school personnel. This rule applies to any elementary or secondary school defined as:

means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education as determined by state law, except that it does not include any education beyond grade 12. Article 7 defines a secondary school to be a high school, which is any combination of grades 9, 10, 11, or 12 (511 IAC 7-32-82).

PUBLIC AGENCY RESPONSIBILITY – CHILD FIND

Each public agency must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in nonpublic, including religious or home school located in the school district served by the public agency. 

The activities undertaken to carry out child find responsibilities for nonpublic school students with disabilities must:

1. be comparable to activities undertaken for students with disabilities in public schools.
2. be completed in a time period comparable to that for students attending public schools in the public agency.

Public agencies may not delay conducting child find activities, including individual evaluations and reevaluations, until after child find activities for public school students are conducted.

In carrying out these activities the LEA must undertake activities similar to the activities undertaken for the agency’s public school children.  For example if the LEA has disabilities awareness presentations for public school PTA groups or if they send mailings home with the public school students, they are expected to have the same kinds of activities and mailings for private schools.

The LEA’s child find activities must include students who are enrolled by their parents in any nonpublic school located in the school district served by the public agency including those students who reside in a State other than Indiana. 

When a student is enrolled in a nonpublic school that is outside the school corporation of legal settlement, parental consent must be obtained before the school corporation where the nonpublic school is located can release information to the school corporation where the student has legal residence. 

Each public agency must maintain in its records, and provide to the Indiana Department of Education, Center for Exceptional Learners the following information related to parentally-placed nonpublic school students with disabilities: 

1. The number of students evaluated.
2. The number of students determined to be students with disabilities.
3. The number of students served.

This information will be used to calculate the public agency’s proportionate share requirement that will be discussed in a subsequent section of this module.

EDUCATIONAL EVALUATIONS FOR PARENTALLY-PLACED NONPUBLIC SCHOOL STUDENTS ATTENDING NONPUBLIC SCHOOLS OUTSIDE THE SCHOOL CORPORATION OF LEGAL SETTLEMENT

All students who are determined eligible for special education and related services have the right to be offered a free appropriate public education from their school corporation of legal settlement.

Referral to the public agency where the nonpublic school is located

If a student, who attends a nonpublic school that is outside of the student's school corporation of legal settlement, is referred to the public agency where the nonpublic school is located for an educational evaluation, the public agency must conduct the evaluation in accordance with the procedures and timelines outlined in Rule 40 of Article 7 unless the public agency documents the following:

1. The public agency explained the following:
   • A. The concept of a free appropriate public education to the student's parent.
   • B. That the parent has the right to obtain an offer of a free appropriate public education from the school corporation of legal settlement.
2. As a result of the explanations, the student's parent chose to have the school corporation of legal settlement conduct the evaluation.

Before any personally identifiable information about a student can be released between officials from the public agency where the nonpublic school is located and the school district of legal settlement, the student’s parent must provide written consent.

Parent Chooses to Receive the Evaluation from the Public Agency of Legal Settlement

If the parent chooses to receive the evaluation from the public agency of legal settlement, the public agency of legal settlement must conduct the evaluation in accordance with the procedures and timelines outlined in Rule 40 of Article 7.

If a student's CCC determines that the student is eligible for special education and related services, the:

1. school corporation of legal settlement must make an offer of a free appropriate public education (FAPE) to the student; and
2. public agency must document this offer in the written notice.

If the offer of a FAPE is rejected, and the parent decides to continue enrollment in the nonpublic school, the student is entitled to services from the public agency where the nonpublic school is located.

In order for the school district of legal settlement to forward the educational evaluation, the written notice, and any other relevant documents to the public agency where the nonpublic school is located, the student’s parent must provide written consent.  After receiving the evaluation documents, the public agency where the nonpublic school is located must convene a CCC meeting within ten (10) instructional days to develop a service plan outlining the special education and related services that will be provided to the student while enrolled in the nonpublic school.  The Flow Chart give a visual picture of the evaluation process should the parent choose to have the educational evaluation conducted by the school district of legal settlement.

Parent Chooses to Receive the Educational Evaluation from the Public Agency Where the Nonpublic School is Located

If the parent chooses to receive the evaluation from the public agency where the nonpublic school is located, the evaluation must be conducted in accordance with the procedures and timelines outlined in Rule 40 of Article 7.  If a student is evaluated by the public agency where the nonpublic school is located, the CCC must determine eligibility for special education and related services and develop a service plan if the student is eligible. After the service plan is developed, the student's parent is entitled to seek an offer of a FAPE from the school district of legal settlement.

In order for the public agency where the nonpublic school is located to forward the educational evaluation, the written notice, and any other relevant documents to the school district of legal settlement, the student’s parent must provide written consent.  After receiving the documents, the school district of legal settlement has ten (10) instructional days to convene the CCC and offer the student a free appropriate public education.  The Flow chart give a visual picture of the evaluation process should the parent choose to have the educational evaluation conducted by the public agency where the nonpublic school is located.

PUBLIC AGENCY RESPONSIBILITY – CONSULTATION

During the design and development of special education and related services for parentally-placed students with disabilities attending nonpublic schools, each public agency must consult with representatives from the nonpublic schools located in the geographic boundaries of the public agency and with representatives of parents of students with disabilities in nonpublic schools.

The consultation must be timely, which means that it occurs during the design and development of special education and related services for students with disabilities in nonpublic schools or facilities. Consultation must also be meaningful, which requires the public agency to afford all parties a genuine opportunity to express their views and have those views considered by the public agency.

In addition, in order to make the consultation meaningful, the public agency must discuss:

1. The child find process, including how the public agency will locate, identify and evaluate students in the nonpublic school suspected of having a disability. The public agency must also discuss how parents, teachers and nonpublic school officials will be informed of the child find process.
2. The determination of the proportionate amount of federal funds the public agency is mandated to use to provide special education services to students with disabilities enrolled in the nonpublic school, including how the proportionate amount of those funds was calculated.
3. An explanation of how the consultation process between the public agency, nonpublic school representatives, and parent representatives of nonpublic school students will operate throughout the school year to ensure that nonpublic school students with disabilities identified through the child find process can meaningfully participate in special education and related services.
4. 4. How, where, and by whom special education and related services will be provided for nonpublic school students with disabilities, including a discussion of the following:
   • A. The types of services and alternate service delivery mechanisms.
   • B. How special education and related services will be offered to all nonpublic school students with disabilities if the proportionate amount of Part B funds is insufficient to serve all nonpublic school students with disabilities.
   • C. How and when those decisions will be made.
5. If the public agency disagrees with the views of the nonpublic school officials on the provision of services or the types of services, whether provided directly or through a contract, the public agency must explain how it will provide to the nonpublic school officials a written explanation of the reasons why the public agency chose not to accept the views of the nonpublic school officials.

See Sample Consultation Agenda 

When required consultation has occurred, the public agency must obtain a written affirmation, signed by the representatives of participating nonpublic schools, affirming that the public agency engaged in consultation that was timely and meaningful.  A public agency does not need to obtain written affirmation from nonpublic schools that do not participate in the consultation process. See Sample Affirmation Document

If the representatives of the participating nonpublic schools do not provide the written affirmation to the public agency within twenty (20) instructional days of the date the consultation occurred, the public agency must forward documentation of the consultation process to the division of special education.

PUBLIC AGENCY RESPONSIBILITIES – PROVISON OF SERVICES

After consulting with nonpublic school representatives and representatives of parents, the public agency must make final decisions with respect to the services that will be provided to nonpublic school students with disabilities. If the public agency, when making final decisions, disagrees with the views of the nonpublic school officials on the provision of services or the types of services, the public agency must provide to the nonpublic school officials a written explanation of the reasons why the public agency chose not to accept the recommendations of the nonpublic school officials.

For each parentally-placed student in a nonpublic school or facility that has been determined eligible to receive special education and related services from the public agency, the public agency where the nonpublic school is located must initiate and conduct CCC meetings to develop and implement service plans. A service plan must describe the specific special education and related services that the public agency will provide to the student in light of the services that the public agency has determined it will make available to parentally-placed nonpublic school students with disabilities.

When conducting a CCC meeting to develop, review, and revise a service plan, the public agency must follow the same procedures as for CCC meetings held for students with disabilities in public schools.  A CCC for a student parentally-placed student in a nonpublic school or facility, the public agency must ensure that a representative of the nonpublic school or facility attend the CCC meeting. If the representative cannot attend, the public agency must use other methods to ensure participation of the representative, such as individual or conference telephone calls.

Parentally-placed nonpublic school students with disabilities may receive a different amount of services under a service plan than public school students receive under an IEP. A service plan must include the following:

1. A statement of the student's present levels of educational performance.
2. A statement of measurable annual goals related to the services that will be provided, describing what the student can be expected to accomplish within a twelve (12) month period.
3. A statement of the special education and related services and supplementary aids and services to be provided to the student or, on behalf of the student, by the public agency, or supports for school personnel that will be provided.
4. If applicable, a statement regarding the student's participation in statewide or district assessments, including documentation of any appropriate testing accommodations that will be utilized by the student.
5. The projected dates for initiation of services by the public agency and the anticipated length, frequency, location, and duration of services.
6. A statement of the student's progress toward annual goals including how the parents will be informed of the progress.

Special education and related services provided by the public agency to parentally-placed nonpublic school students with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that nonpublic elementary school and secondary school teachers who are providing services under section do not have to meet the highly qualified special education teacher requirements.

If a student is enrolled, or is going to enroll in a nonpublic school outside of the student's school district of legal settlement, written parental consent must be obtained before any personally identifiable information about the student is released between public agency officials in the school district of legal settlement and the school district where the nonpublic school is located.

DUE PROCESS FOR NONPUBLIC SCHOOL STUDENTS

The procedures for mediation for due process hearings and appeals are not available to nonpublic school students, parents and administrators to resolve disputes unless the dispute concerns one of the following issues:

1. Child find.
2. The appropriateness of an evaluation or reevaluation.
3. The determination of eligibility for special education and related services.

A request for a due process hearing must be sent simultaneously to the superintendent of public instruction and the public agency in which the nonpublic school or facility is located, unless the:

1. request for due process concerns the appropriateness of an initial evaluation or the determination of eligibility for special education and related services, or both; and
2. initial evaluation and determination of eligibility were conducted by the school district of legal settlement.

If the request for a due process hearing concerns the appropriateness of an initial evaluation or the determination of eligibility and the initial evaluation and determination of eligibility were conducted by the school district of legal settlement, the request must be sent simultaneously to the superintendent of public instruction and the public agency of legal settlement.

A nonpublic school official has the right to submit a complaint to the division of special education alleging that the public agency did not engage in consultation that was timely and meaningful or give due consideration to the views of the nonpublic school official.

Complaints submitted by the nonpublic school must:

1. be filed with the center for exceptional learners;
2. specify how the public agency failed to comply with the consultation requirements; and
3. contain appropriate documentation related to the complaint.

If the nonpublic school official is dissatisfied with the decision of the center for exceptional learners, the official may submit a complaint to the Secretary of the United States Department of Education by providing the information on the alleged noncompliance. The center for exceptional learners must forward appropriate documentation to the Secretary of the United States Department of Education.

SPECIAL EDUCATION FUNDING

Funding for special education programs and services is generated from federal, state and local education funds. On December 1 each year, a count is taken to determine the number of students with disabilities in a planning district as well as the identified disability of each student. The December 1 Count (as it is commonly known) includes those students attending non-public schools but receiving special education services from the LEA. This count is the basis for state special education funding and a portion of federal funding. While in theory each child generates an amount of funding, in reality the funds go to support the total special education programs.

Federal funding (under Part B of IDEA 04) is based on a formula of four factors:

1. A base of the 12-1-98 child count,
2. Census,
3. Poverty, and
4. The most recent December 1 child count.

State funds for students with disabilities are generated in two ways.

1. All students enrolled in Indiana public schools generate state education funds based on a count taken during the month of September. Students with disabilities as well as non-disabled students are counted. 
2. In addition, the Indiana legislature recognized that educating students with disabilities often requires more expensive individualized educational programs and services in order to meet students' unique needs. In order to fund the higher cost of educating students with disabilities, additional funds are generated based on the severity of the disability. These funds flow to the school corporation of legal settlement of the student (the local director of special education generally has no knowledge of the amount of state funding received by the school corporation). Students with the following disabilities are considered for one of three levels of funding. 

Students identified with disabilities at the early childhood age range (3-5 years of age) are the exception to this funding mechanism. Early childhood students generate a set amount of state funds regardless of the identified disability. Federal early childhood funds are based on a formula similar to the Part B federal funds [See: 300.453(a)(2)].

A public agency must do the following:

1. Offer services to each student who is:
   • A. eligible to receive special education and related services; and
   • B. parentally-placed by his or her parent in a nonpublic school within the boundaries of the public agency. Public agencies may use state funds in addition to the federal Part B funds to provide services to students.
2. Control and administer Part B funds that are used to provide special education and related services.
3. Determine the number of parentally-placed nonpublic school students with disabilities attending nonpublic schools located in the public agency. The count:
   • A. must be conducted annually on December 1; and
   • B. is used to determine the amount of Part B funds that the public agency must spend on providing special education and related services to parentally-placed nonpublic school students with disabilities in the next subsequent school year.
4. Spend a proportionate share of its Part B funds to serve parentally-placed nonpublic school students with disabilities.

The public agency, in providing special education and related services to students in nonpublic schools and facilities, must expend at least an amount that is the same proportion of the public agency total subgrant under 20 U.S.C. 1411(f) as the number of nonpublic school students with disabilities, who are enrolled by their parents in nonpublic schools or facilities within its boundaries, is to the total number of students with disabilities of the same age range. A public agency must calculate the proportionate share of Part B funds before designating funds for early intervening services.

To calculate the proportionate amount of Part B funds, the public agency must;

1. Divide the number of eligible parentally-placed nonpublic school students by the total number of students with disabilities (public school and nonpublic students with disabilities).
2. The quotient obtained above is multiplied by the public agency current Part B sub-grant 

The product of the calculation equals the public agency’s proportionate share amount of Part B Funds that must be spent on eligible parentally-placed nonpublic school students.

For example:
If a school corporation has 2000 special education, and 100 of the special education students are parentally-placed nonpublic school students. The public agency’s Part B subgrant is 3 million dollars.

To calculate the proportionate share for students ages 3 through 5, the same formula is used.  The public agency divides the number of eligible 3 – 5 year old nonpublic school student by the total number of 3 – 5 special education students.  The federal fund amount the quotient is multiplied is the Part B § 1419(g) subgrant for student aged 3 – 5, or federal preschool funds.

USE OF SPECIAL EDUCATION FUNDS

The proportional funds the public agency must spend for special education and related services provided to students attending non-public schools cannot be used to supplant or otherwise relieve the nonpublic school of any of its fiscal responsibilities. If a public agency has not expended the entire proportionate amount of Part B funds by the end of the fiscal year for which the center for exceptional learners allocated the funds, the public agency must obligate the remaining funds for special education and related services, including direct services, to parentally-placed nonpublic school students with disabilities during a carryover period of one (1) additional year. The proportional funds may not be used to do any of the following:

1. Fund existing levels of instruction currently provided by the nonpublic school.  

Example: The nonpublic school or facility already has a "resource room" for students requiring additional assistance with their class assignments. Federal funds cannot be used to pay for that teacher's salary and then place students identified as eligible for special education in that program, as the program was already there and being funded by the nonpublic school or facility.

2. Meet the needs of the nonpublic school.

Example: The nonpublic school indicates that they "really could serve this student themselves" if the public agency would only provide them with an aide who would serve all of their staff. That would give their staff more time away from clerical work and better enable them to give more time to the individual needs of their students. The public agency is responsible for determining how and where special education services will be made available to students with disabilities in nonpublic schools located within their boundaries. If nonpublic school officials or parents disagree with the location at which the public agency chooses to provide the special education services, no due process rights are available. In other words, mediation and due process hearings are not available to dispute the location of the provision of special education services. Federal funds cannot be used to pay for that aide to serve the faculty of the nonpublic school or facility.

3. Meet the general needs of the student enrolled in the nonpublic school.

Example: The student is deemed to be eligible as a student with a disability. However, the nonpublic school or facility is already serving all the needs of the student. Federal funds cannot be used to "buy part of his/her teacher's salary" because s/he is working with the student with a disability.

4. Fund classes that are organized separately on the basis of enrollment or religion if classes are at the same site and include students enrolled in public and nonpublic schools.

Example: The public agency determines that it has "enough" students from nonpublic schools and facilities to make a "class" or "grade". Federal funds cannot be used to establish a reading program for 3rd grade parochial school students that uses the curriculum of the parochial school, and then teaches only those students who are Catholic or students who attend St. Monica's in that program.

The public agency may use Part B funds:

1. To make public school personnel available in places other than public facilities to the extent necessary to provide special education and related services to students with disabilities in nonpublic schools or facilities if those services are not normally provided by the nonpublic school or facility.
2. To pay for the services of an employee of the nonpublic school or facility to provide special education and related services if the employee performs the services outside of the employee's regular hours of duty and under public supervision and control.

Special education and related services provided by a public agency to parentally-placed nonpublic school students, including materials and equipment, must be secular, neutral, and nonideological.  In addition, special education and related services delivered must be provided by employees of a public agency or through a contract by the public agency.  The public agency may contract with an individual, association, agency, organization, or other entity to provide needed services.  The public agency may provide services at the nonpublic school or facility, the public school, or a neutral site.  If services are provided at the public school or a neutral site and transportation is necessary, the public agency must provide transportation from the:

1. nonpublic school or the student's home to a site other than the nonpublic school or facility; and
2. service site to the nonpublic school or the student's home, depending on the timing of the services.

The public agency may, but is not required to, transport the student from the student's home to the nonpublic school. The cost of transportation may be included in the calculation of the public agency's proportionate share requirement.

The public agency must hold title to and exercise continuing administrative control of all property, equipment, and supplies that the public agency acquires with Part B funds for the benefit of nonpublic school students with disabilities.

The public agency may place equipment and supplies in a nonpublic school for the period of time needed to provide special education and related services. The public agency must ensure that the equipment and supplies are used only for the provision of special education and related services, and can be removed from the nonpublic school without remodeling the nonpublic school facility.

The public agency must remove equipment and supplies from a nonpublic school if the equipment and supplies are no longer needed for the provision of special education and related services or removal is necessary to avoid unauthorized use of the equipment and supplies for other than the provision of special education and related services.  No Part B funds may be used for repairs, minor remodeling, or construction of nonpublic school facilities.

REIMBURSEMENT FOR PARENT’S UNILATERAL ENROLLMENT OF STUDENT IN A NONPUBLIC SCHOOL

A public agency is not required to pay the cost of education, including special education and related services, of a student with a disability at a nonpublic school or facility if the:

1. Public agency made a free appropriate public education available to the student; and
2. The parent elected to place the student in a nonpublic school or facility.

However, the public agency must include the student in the population whose needs are addressed in sections for all nonpublic school students.

Disagreements between a parent and a public agency regarding the availability of a program appropriate for the student, and the question of financial reimbursement, are subject to the due process procedures.

If the parents of a student with a disability, who previously received special education and related services under the authority of the public agency, enroll the student in a nonpublic school without the consent of or referral by the public agency, the parent may seek reimbursement for the costs of the nonpublic school or facility from the public agency.  If the parent and the public agency cannot reach agreement on the issue of reimbursement, either may request a due process hearing to resolve the issue.

The independent hearing officer or the court may require the public agency to reimburse the parent for the cost of the nonpublic school enrollment if the hearing officer or court finds both of the following:

1. The public agency did not make a free appropriate public education available to the student in a timely manner prior to enrollment in the nonpublic school or facility.
2. The nonpublic placement is appropriate.

The hearing officer or the court may find that the nonpublic placement made by the parent is appropriate even if the placement does not meet the state standards that apply to education provided by public agencies.

The hearing officer or the court may reduce or deny reimbursement to the parents in the following instances:

1. If at the most recent CCC meeting:
   • a. that the parents attended prior to removal of the student from the public agency, the parents did not inform the CCC that they were rejecting the placement proposed by the public agency to provide a free appropriate public education to the student, including stating their concerns and their intent to enroll the student in a nonpublic school at public expense; or
   • b. at least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the student from the public agency, the parents did not give written notice to the public agency of their intention to reject the placement proposed by the public agency.
2. If, prior to the parent's removal of the student from the public agency, the public agency informed the parent, through the notice requirements of its intent to evaluate the student, including a statement of the purpose of the evaluation that was appropriate and reasonable, but the parent did not make the student available for evaluation.

The hearing officer or the court cannot reduce or deny the reimbursement if the parent failed to provide the written notice of their intention to reject the placement proposed by the public agency, if the hearing officer or the court finds any of the following:

1. Providing the notice of the intention to reject the public agency’s proposed placement would likely result in physical harm to the student.
2. The public agency prevented the parent from providing the notice.
3. The parent had not received notice of procedural safeguards informing them of their responsibility to provide notice of their intention to reject the proposed placement.

The hearing officer or the court, in its discretion, may decide not to reduce or deny reimbursement if the parent failed to provide the written notice of their intention to reject the public agency proposed placement if:

1. the parents are not literate or cannot write in English; or
2. Providing the required notice would likely result in serious emotional harm to the student.

The cost of reimbursement may be reduced or denied upon a judicial finding of unreasonableness with respect to the actions taken by the parents.