Procedural Safeguards in Indiana
What procedural safeguards protect IEP families in Indiana?
Indiana's procedural safeguards for special education are codified primarily in 511 IAC 7-37 and align with IDEA Part B requirements (34 CFR 300.500-300.520). The public agency must provide prior written notice before proposing or refusing to initiate or change identification, evaluation, placement, or the provision of FAPE (511 IAC 7-37-1; 34 CFR 300.503). IDOE publishes the Notice of Procedural Safeguards (updated August 2024), which is Indiana's required procedural safeguards document. Dispute resolution options include: state complaints under 511 IAC 7-45-1 (40-calendar-day resolution by IDOE Division of Exceptional Learners — shorter than the federal 60-day standard); mediation under 511 IAC 7-45-2 (voluntary, confidential, completed within 30 calendar days of agreement to mediate, or 20 days if resolving a complaint); and due process hearings under 511 IAC 7-45-3 through 7-45-7 (transferred to OALP independent ALJs as of July 1, 2025 per IC 20-35-14). Mediation discussions are confidential and inadmissible in any due process or court proceeding. Surrogate parent appointment is governed by 511 IAC 7-39; temporary surrogates may be appointed for homeless youth from shelter staff without standard requirements. FAPE continues through the school year in which the student turns 22 (IC 20-35-1-7).
What Indiana Requires
Prior written notice must be provided before the public agency proposes or refuses to change identification, evaluation, placement, or FAPE; notice must describe the action, rationale, alternatives considered, and procedural safeguards (511 IAC 7-37-1; 34 CFR 300.503).
IDOE publishes the Notice of Procedural Safeguards, which must be provided annually, at initial referral, upon first complaint/due process filing per year, at disciplinary change of placement, and upon parent request (511 IAC 7-37-1; 34 CFR 300.504).
Mediation is voluntary; both parties must agree in writing to participate; discussions are confidential and cannot be used as evidence in any hearing or court proceeding (511 IAC 7-45-2).
Surrogate parents are appointed under 511 IAC 7-39 when a student lacks a parent; temporary surrogates may be appointed from emergency shelter staff for homeless youth (511 IAC 7-39).
All parental rights transfer to the student at age 18 unless a guardian or educational representative is appointed (511 IAC 7-43-5).
As of July 1, 2025, due process hearings are conducted by independent ALJs at OALP pursuant to IC 20-35-14.
Key Timelines
Procedural safeguards notice: annually, at initial referral, at first complaint or due process per school year, at disciplinary change of placement, and upon request (511 IAC 7-37-1; 34 CFR 300.504).
Mediation: completed within 30 calendar days of agreement to mediate, or 20 calendar days if mediating a pending state complaint (511 IAC 7-45-2).
State complaint report: within 40 calendar days from IDOE receipt (511 IAC 7-45-1).
Due process hearing decision: within 45 calendar days after expiration of the 30-day resolution period (34 CFR 300.515(a)).
Rights transfer to student at age 18 (511 IAC 7-43-5).