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2013 Indiana Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagin0114 and id is 1 raw text is: GREG ZOELLER INDIANA ATTORNEY GENERAL STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR 302 W. WASHINGTON STREET * INDIANAPOLIS, IN 46204-2770 nww.AttorneyGeneral.IN.gov TELEPHONE: 317.232.6201 FAX: 317.232,7979 September 4, 2013 OFFICIAL OPINION 2013-01 Hon. Glenda S. Ritz State Superintendent of Public Instruction Director, Department of Education Chair, State Board of Education Room 229, Statehouse Indianapolis, IN 46204 RE: Choice Scholarship Program and Students With Disabilities Dear Superintendent Ritz: By letter of June 20, 2013, and later refined through further communications, you requested the Attorney General's opinion regarding several amendments to the Choice Scholarship Program, Indiana Code § 20-51-4 et seq., occasioned by P.L. 211-2013, particularly with regard to a student with a disability enrolled in a nonpublic school that is an eligible school for the Choice Scholarship Program (CSP), as this term is defined at I.C. § 20-51-1-4.7. The specific questions raised are as follows: 1. With respect to an eligible student (as that term is defined at I.C. § 20-51-1-5) who has a disability, must the choice scholarship include both the state tuition support and the special education grant under I.C. § 20-43-7 et seq., or may a parent or guardian elect to utilize only the state tuition support and continue to receive special education and related services from the school corporation where the eligible school2 is located, with the understanding that, under the latter circumstance, the special education grant would be awarded to the school corporation serving the eligible student? 'Issues relating to possible application of the Americans with Disabilities Act are outside the scope of this opinion and are not addressed herein. 2 It is understood that an eligible school could include both a nonpublic and public school. IC, § 20-51-1-4.7. However, for the purposes of this opinion, only a nonpublic eligible school will be addressed.

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