Sec. 4. (a) The amount an eligible choice scholarship student is entitled to receive under this chapter for a school year is equal to the following: (1) The lesser of the following: (A) The sum of the tuition or transfer tuition and fees required for enrollment or attendance of the eligible choice scholarship student at the eligible school selected by the eligible choice scholarship student for a school year that the eligible choice scholarship student (or the parent of the eligible choice scholarship student) would otherwise be obligated to pay to the eligible school. (B) For the state fiscal year beginning July 1, 2021, and each state fiscal year thereafter, an amount equal to ninety percent (90%) of the state tuition support amount determined under section 5 of this chapter. (2) In addition to the amount described in subdivision (1), if the eligible choice scholarship student has been identified as eligible for special education services under IC 20-35 and the eligible school provides the necessary special education or related services to the eligible choice scholarship student, any amount that a school corporation would receive under IC 20-43-7 for the eligible choice scholarship student if the eligible choice scholarship student attended the school corporation. However, if an eligible choice scholarship student changes schools during the school year after the December 1 count under IC 20-43-7-1 of eligible pupils enrolled in special education programs and the eligible choice scholarship student enrolls in a different eligible school, any choice scholarship amounts paid to the eligible choice scholarship student for the remainder of the school year after the eligible choice scholarship student enrolls in the different eligible school shall not include amounts that a school corporation would receive under IC 20-43-7 for the eligible choice scholarship student if the eligible choice scholarship student attended the school corporation. (b) The amount an eligible choice scholarship student is entitled to receive under this chapter if the eligible student applies for the choice scholarship under section 7(e) of this chapter shall be reduced on a prorated basis in the manner prescribed in section 6 of this chapter. As added by P.L.92-2011, SEC.10. Amended by P.L.211-2013, SEC.11; P.L.205-2013, SEC.311; P.L.26-2014, SEC.1; P.L.213-2015, SEC.233; P.L.106-2016, SEC.17; P.L.108-2019, SEC.234; P.L.165-2021, SEC.177.
IC 20-51-4-4.5 Special education or related services for eligible choice scholarship students; adoption of rules 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.