41 IAC 3 — ARTICLE 3. ADJUDICATORY PROCEEDINGS; ASSESSMENT OF FEES

TITLE 41 OFFICE OF ADMINISTRATIVE LAW PROCEEDINGS

ARTICLE 3. ADJUDICATORY PROCEEDINGS; ASSESSMENT OF FEES

Rule 1

41 IAC 3-1-1 41 IAC 3-1-1 Purpose

Rule 1. General Provisions

41 IAC 3-1-1 Purpose

Authority: IC 20-35-14

Affected: IC 4-21.5; IC 20-43-3; IC 20-43-4

Sec. 1. This article establishes how the office will determine and assess the hearing costs of adjudicating matters under IDEA.

(Office of Administrative Law Proceedings; 41 IAC 3-1-1; filed Nov 18, 2025, 2:19 p.m.: 20251217-IR-041250351FRA)

41 IAC 3-1-2 41 IAC 3-1-2 Applicability

41 IAC 3-1-2 Applicability

Authority: IC 20-35-14

Affected: IC 4-21.5; IC 20-43

Sec. 2. This article applies to the office's jurisdiction over IDEA cases and the assessment of fees related to the hearing costs of those cases.

(Office of Administrative Law Proceedings; 41 IAC 3-1-2; filed Nov 18, 2025, 2:19 p.m.: 20251217-IR-041250351FRA)

41 IAC 3-1-3 41 IAC 3-1-3 Applicability of definitions

41 IAC 3-1-3 Applicability of definitions

Authority: IC 20-35-14-6

Affected: IC 4-15-10.5-3; IC 4-15-10.5-7; IC 4-21.5; IC 20-18-2-3; IC 20-18-2-16; IC 20-24-1-4; IC 20-43-4-2

Sec. 3. (a) The definitions in this section apply throughout this article.

(b) "Administrative law judge" has the meaning set forth in IC 4-15-10.5-3.

(c) "Average daily membership" or "ADM" has the meaning set forth in IC 20-43-4-2(a).

(d) "Department" means the department of education as set forth in IC 20-18-2-3.

(e) "Hearing costs" means the following expenses related to IDEA cases:

(1) Salary and fringe benefits for administrative law judges assigned to IDEA cases.

(2) Court reporter fees.

(3) Transcription costs.

(4) Any other administrative costs directly related to conducting the hearing, including case processing by administrative staff, case management system development or enhancement, and similar costs.

(f) "Individuals with Disabilities Education Act" or "IDEA" has the meaning set forth in 20 U.S.C. 1400 et seq.

(g) "Office" means the office of administrative law proceedings established under IC 4-15-10.5-7.

(h) "School corporation" and "charter school" have the meanings set forth in IC 20-18-2-16 and IC 20-24-1-4, respectively.

(Office of Administrative Law Proceedings; 41 IAC 3-1-3; filed Nov 18, 2025, 2:19 p.m.: 20251217-IR-041250351FRA)

Rule 2

41 IAC 3-2-1 41 IAC 3-2-1 Fee assessment formula

Rule 2. Determination of Hearing Costs and Assessment of Fees

41 IAC 3-2-1 Fee assessment formula

Authority: IC 20-35-14-6

Affected: IC 4-15-10.5, IC 4-21.5, IC 20-35, IC 20-43

Sec. 1. (a) The amount to be assessed to each school corporation and charter school is calculated as follows:

(1) After July 1, but before August 1, each year, the office will determine the total hearing costs of conducting IDEA hearings for the prior state fiscal year.

(2) Divide the total hearing costs by the statewide ADM for the prior school year, as reported by the department, to determine the amount for each student.

(3) Multiply the quotient determined under subdivision (2) by the weighted ADM count for each school corporation and charter school actively operating for the current fiscal year.

(b) The adjustment for closed school corporations and charter schools is as follows:

(1) If any school corporation or charter school stops operations during or at the end of the prior fiscal year, the department shall exclude the ADM count of closed schools from the statewide ADM used to calculate charges under subsection (a)(2).

(2) The office shall assess the total IDEA hearing costs for the prior fiscal year to the remaining active school corporations and charter schools by recalculating the statewide ADM to include only those schools that remain operational as of July 1 of the current fiscal year. The office will use this recalculated amount for subsection (a)(2).

(c) The department shall withhold from each school corporation's or charter school's fall state tuition support an amount equal to the amount determined under this section.

(d) Not later than October 1 each year, the department shall transfer to the office the total amount withheld under this article from each school corporation and charter school through a funding mechanism as determined by the budget agency.

(e) The department shall notify each school corporation and charter school of the fee assessed under this section.

(Office of Administrative Law Proceedings; 41 IAC 3-2-1; filed Nov 18, 2025, 2:19 p.m.: 20251217-IR-041250351FRA)