Sec. 11. (a) A student who is a student with a disability (as defined in IC 20-35-1-8 ) shall be tested under this chapter with appropriate accommodations as outlined in the student's individualized education program, service plan developed under 511 IAC 7-34, or choice scholarship education plan developed under 511 IAC 7-49 in testing materials and procedures unless the individuals who develop the student's individualized education program, service plan, or choice scholarship education plan determine that testing or a part of the testing under this chapter is not appropriate for the student and that an alternate assessment will be used to test the student's achievement. (b) Any decision concerning a student who is a student with a disability (as defined in IC 20-35-1-8 ) regarding the student's: (1) participation in testing under this chapter; (2) receiving accommodations in testing materials and procedures; (3) participation in remediation; or (4) retention at the same grade level for consecutive school years; must be made in accordance with the student's individualized education program, service plan, or choice scholarship education plan in compliance with the statewide assessment program's policies and federal law.
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