Sec. 3. (a) Each qualified school that is an ESA participating entity that accepts payments for tuition and fees made from an ESA account under the ESA program shall administer to its eligible students, for the applicable grade levels as provided under IC 20-32-5.1, the statewide summative assessment unless otherwise prescribed by the eligible student’s:

(1) individualized education program;

(2) service plan developed under 511 IAC 7-34;

(3) choice special education plan developed under 511 IAC 7-49; or

(4) plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794.

     (b) Upon receipt of the statewide summative assessment test results, the department shall, subject to the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) and any regulations adopted under that act:

(1) aggregate the statewide summative assessment test results according to the grade level, gender, race, and family income level of all eligible students; and

(2) make the results determined under subdivision (1) available on the department’s website.

As added by P.L.165-2021, SEC.180. Amended by P.L.202-2023, SEC.65; P.L.150-2024, SEC.70.