Sec. 4.5. (a) If an eligible choice scholarship student:

(1) who attends school at a choice scholarship school; and

(2) who is eligible to receive special education funds under IC 20-43-7;

chooses to receive special education services at a school corporation required to provide special education services to the eligible choice scholarship student under 511 IAC 7-34-1, the special education funds under IC 20-43-7 for that student will be made available to the school corporation where the student receives special education services.

     (b) Notwithstanding 511 IAC 7-34-1(d)(4), a public school is not required to make available special education and related services to an eligible choice scholarship student if the eligible choice scholarship student receives funds under section 4(a)(2) of this chapter and the special education services are provided to the eligible choice scholarship student by the eligible school. This subsection may not be construed as a restriction or limitation on any of the rights, benefits, and protections granted to an individual under the federal Individuals with Disabilities Education Improvement Act of 2004 (20 U.S.C. § 1400 et seq.).

     (c) A school corporation may not include an eligible choice scholarship student who receives an amount under section 4(a)(2) of this chapter in the school corporation’s count under IC 20-43-7.

As added by P.L.211-2013, SEC.12. Amended by P.L.26-2014, SEC.2; P.L.106-2016, SEC.18.

   Sec. 5. If an eligible student’s agreement under section 1 of this chapter is in effect for less than an entire school year, the ESA annual grant amount provided under section 2 of this chapter for that school year shall be reduced on a prorated basis in a manner prescribed by the treasurer of state to reflect the length of the agreement. In the event an eligible student’s ESA account is terminated because the eligible student enrolls in a school that receives tuition support under IC 20-43, the balance in the ESA account at the time the ESA account is terminated shall be transferred to the school corporation or charter school in which the eligible student enrolls. In the event that special education grant funding under section 4(b) of this chapter has been deposited into the eligible student’s ESA account but the eligible student subsequently begins receiving special education services from a school that receives funding under IC 20-43, the balance in the ESA account up to the amount deposited under section 4(b) of this chapter shall be transferred to the school corporation or charter school that provides the special education services to the student.

As added by P.L.165-2021, SEC.180. Amended by P.L.202-2023, SEC.54.