CHAPTER 2. DIVISION OF SPECIAL EDUCATION

IC 20-35-2
     Chapter 2. Division of Special Education

IC 20-35-2-1
Division established; director's duties
    
Sec. 1. (a) There is established under the state board a division of special education. The division shall exercise all the power and duties set out in this chapter, IC 20-35-3 through IC 20-35-6, and IC 20-35-8.
    (b) The governor shall appoint, upon the recommendation of the state superintendent, a director of special education who serves at the pleasure of the governor. The amount of compensation of the director shall be determined by the budget agency with the approval of the governor. The director has the following duties:
        (1) To do the following:
            (A) Have general supervision of all programs, classes, and schools for children with disabilities, including those conducted by public schools, the Indiana School for the Blind and Visually Impaired, the Indiana School for the Deaf, the department of correction, the state department of health, the division of disability and rehabilitative services, and the division of mental health and addiction.
            (B) Coordinate the work of schools described in clause (A).
        For programs for preschool children with disabilities as required under IC 20-35-4-9, have general supervision over programs, classes, and schools, including those conducted by the schools or other state or local service providers as contracted for under IC 20-35-4-9. However, general supervision does not include the determination of admission standards for the state departments, boards, or agencies authorized to provide programs or classes under this chapter.
        (2) To adopt, with the approval of the state board, rules governing the curriculum and instruction, including licensing of personnel in the field of education, as provided by law.
        (3) To inspect and rate all schools, programs, or classes for children with disabilities to maintain proper standards of personnel, equipment, and supplies.
        (4) With the consent of the state superintendent and the budget agency, to appoint and determine salaries for any assistants and other personnel needed to enable the director to accomplish the duties of the director's office.
        (5) To adopt, with the approval of the state board, the following:
            (A) Rules governing the identification and evaluation of children with disabilities and their placement under an individualized education program in a special education program.
            (B) Rules protecting the rights of a child with a disability and the parents of the child with a disability in the identification, evaluation, and placement process.         (6) To make recommendations to the state board concerning standards and case load ranges for related services to assist each teacher in meeting the individual needs of each child according to that child's individualized education program. The recommendations may include the following:
            (A) The number of teacher aides recommended for each exceptionality included within the class size ranges.
            (B) The role of the teacher aide.
            (C) Minimum training recommendations for teacher aides and recommended procedures for the supervision of teacher aides.
        (7) To cooperate with the interagency coordinating council established by IC 12-12.7-2-7 to ensure that the preschool special education programs required by IC 20-35-4-9 are consistent with the early intervention services program described in IC 12-12.7-2.
    (c) The director or the state board may exercise authority over career and technical education programs for children with disabilities through a letter of agreement with the department of workforce development.
As added by P.L.1-2005, SEC.19. Amended by P.L.218-2005, SEC.79; P.L.93-2006, SEC.16; P.L.141-2006, SEC.96; P.L.1-2007, SEC.149; P.L.234-2007, SEC.121.