Sec. 11. (a) A student who is a student with a disability (as defined in IC 20-35-1-8) shall be tested under this chapter with appropriate accommodations as outlined in the student’s individualized education program, service plan developed under 511 IAC 7-34, or choice scholarship education plan developed under 511 IAC 7-49 in testing materials and procedures unless the individuals who develop the student’s individualized education program, service plan, or choice scholarship education plan determine that testing or a part of the testing under this chapter is not appropriate for the student and that an alternate assessment will be used to test the student’s achievement.

     (b) Any decision concerning a student who is a student with a disability (as defined in IC 20-35-1-8) regarding the student’s:

(1) participation in testing under this chapter;

(2) receiving accommodations in testing materials and procedures;

(3) participation in remediation under IC 20-32-8; or

(4) retention at the same grade level for consecutive school years;

must be made in accordance with the student’s individualized education program, service plan, or choice scholarship education plan in compliance with the statewide assessment program’s policies and federal law.

As added by P.L.242-2017, SEC.41.