Sec. 5. (a) Except as provided in section 6 of this chapter, whenever placement of a student with a disability (as defined in IC 20-35-1-8) in a state institution is necessary for the provision of special education for that student, the cost of the student’s education program, nonmedical care, and room and board shall be paid by the division rather than by the student’s parents, guardian, or other responsible party.

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Terms Used In Indiana Code 12-24-13-5

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
     (b) The student’s parents, guardian, or other responsible party shall pay the cost of any transportation not required by the student’s individualized education program (as defined in IC 20-18-2-9). The school corporation in which the student has legal settlement (as determined under IC 20-26-11) shall pay the cost of transportation required by the student’s individualized education program under IC 20-35-8-2. However, this section does not relieve an insurer or other third party from an otherwise valid obligation to provide or pay for the services provided to the student.

     (c) The Indiana state board of education and the divisions shall jointly establish a procedure and standards for determining when placement in a state institution is necessary for the provision of special education for a student.

[Pre-1992 Revision Citation: 16-14-18.1-3(a) part.]

As added by P.L.2-1992, SEC.18. Amended by P.L.23-1993, SEC.56; P.L.1-2005, SEC.140; P.L.146-2008, SEC.415; P.L.233-2015, SEC.24.

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