reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 33 - Educating Homeless Children and Youth › Rule 281-33.9 - Transportation of Homeless Children and Youth

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
A child or youth, a preschool child if the school
				offers tuition-free preschool, or a preschool child with a disability who meets
				the definition of "homeless child or youth" in these rules shall not be denied
				access to a free, appropriate public education solely on the basis of
				transportation. The necessity for and feasibility of transportation are to be
				considered, however, in deciding which of two districts would be in the best
				interests of the homeless child or youth. The dispute resolution procedures in
				rule 281-33.8 (256) apply to disputes
				arising over transportation issues.
(2)
Entitlement.
Following
				the determination of the homeless child's or youth's appropriate school
				district under rule 281-33.7(256) or
				281-33.9 (256), transportation
				will be provided to the child or youth in the following manner:
a. If the appropriate district is determined
				to be the district in which the child or youth is actually living,
				transportation for the homeless child or youth is to be provided on the same
				basis as for any resident child of the district, as established by Iowa Code
				section 285.1 or local board
				policy.
b. If the appropriate
				district is determined to be a district other than the district in which the
				child or youth is actually living, the district in which the child or youth is
				actually living (sending district) and the district of origin will agree upon a
				method to apportion the responsibility and costs for providing the child with
				transportation to and from the receiving district. If these districts are
				unable to agree upon such method, the responsibility and costs for
				transportation will be shared equally.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 33 - Educating Homeless Children and Youth › Rule 281-33.10 - School Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The school
				district designated for the homeless child's or youth's enrollment will make
				available to the child or youth all services and assistance, including the
				following services, on the same basis as those services and assistance are
				provided to resident pupils:
a. Compensatory
				education;
b. Special
				education;
c. English as a second
				language;
d. Career and technical
				education courses or programs;
e.
				Programs for gifted and talented pupils;
f. Health services;
g. Preschool (including Head
				Start);
h. Before- and after-school
				child care;
i. Food and nutrition
				programs;
j. School counseling
				services to advise homeless students and prepare and improve the readiness of
				such students for college.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 33 - Educating Homeless Children and Youth › Rule 281-33.11 - School Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				school district designated for the homeless child's or youth's enrollment shall
				make available to the child or youth all services and assistance, including but
				not limited to the following services, on the same basis as those services and
				assistance are provided to resident pupils:
a. Compensatory education;
b. Special education;
c. English as a Second Language;
d. Career and technical education courses or
				programs;
e. Programs for gifted
				and talented pupils;
f. Health
				services;
g. Preschool (including
				Head Start);
h. Before- and
				after-school child care;
i. Food
				and nutrition programs;
j. School
				counseling services to advise homeless students and prepare and improve the
				readiness of such students for college.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
These rules apply to the funding and provision of appropriate
				  educational services to children residing in the following institutions under
				  the jurisdiction of the director of the department of health and human
				  services: the Mental Health Institute, Independence, Iowa; and the State
				  Training School, Eldora, Iowa.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.3 - General Principles

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Availability.
All children who reside in state institutions
				and the mental health institute shall be provided appropriate educational
				services in accordance with these rules. Special education services to eligible
				individuals in institutions will be provided in accordance with 281-Chapter
				41.
(2)
Responsibility of
				institutions.
It is the responsibility of institutions to provide or
				make provisions for appropriate educational services to children residing in
				these institutions and to ensure appropriate transition of children back to the
				school district of residence. The institution may make provisions by
				contracting with the AEA, the school district in which the institution is
				located, or an approved charter school.
(3)
Basis for funding.
Funding for general education programs at the institutions is determined using
				a formula similar to the formula used for the determination of funding for
				local school districts while considering the unique setting of the
				institutions. The amount of special education funding is determined by
				comparing the structure of the general education program at each institution to
				the nature and extent of services necessary for students with special education
				needs beyond what is provided to all students by the general education
				program.
(4)
Responsibility
				of the AEA.
It is the responsibility of the AEA in which the
				institution is located to provide media services, educational services, and
				special education support services. The nature and extent of these services
				will be comparable to those provided to school districts in the AEA.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.4 - Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Students served at mental health institute.
The Mental Health
				Institute, Independence, Iowa, will notify the district of residence of each
				child who, on the date specified in Iowa Code section
				257.6(1), is
				residing in this institution. The notification will occur on or before October
				10 and be in writing or in a printable electronic medium and include the
				child's name, birth date, and grade level and the names and addresses of the
				child's parents or guardians.
(2)
Students served at the State Training School at Eldora.
The
				State Training School at Eldora will notify the AEA in which the institution is
				located and the district of residence of each child who, on the date specified
				in Iowa Code section 257.6(1), is residing in the institution if the child's
				release date is known and the release date is within the current school year.
				The notification will occur on or before October 10. For students served
				pursuant to an IEP, the State Training School at Eldora will by the last Friday
				in October also notify the AEA in which the institution is located and the
				district of residence of each child residing in the institution if the child's
				release date is known and the release date is within the current school year.
				Notifications will be in writing or in a printable electronic medium and
				include the child's name, birth date, and grade level and the names and
				addresses of the child's parents or guardians.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.5 - Program Submission and Approval

Current through Register Vol. 47, No. 3, July 24, 2024
Educational programs will be submitted, reviewed, modified,
				  and approved using the following procedures:
(1)
Submission.
Each
				institution will submit a proposed educational program in a time and manner
				specified by Iowa Code section
				282.33(1). The
				proposed program will be submitted in the manner prescribed by the department
				and include a description of the following:
a.
				The general education program, including content standards, benchmarks, student
				learning goals and all other provisions of 281-Chapter 12.
b. Special education services, including
				instructional, support and other services that ensure the provision of a free
				appropriate public education in the least restrictive environment for students
				with disabilities in accordance with 281-Chapter 41.
c. Procedures that will be implemented to
				ensure the effective transition of each child back to the district of
				residence.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.6 - Budget Submission and Approval

Current through Register Vol. 47, No. 3, July 24, 2024
Educational program budgets will be submitted, reviewed,
				  modified, and approved using the following procedures:
(1)
Submission.
Each
				institution will submit a proposed educational program budget in a time and
				manner specified by Iowa Code section
				282.33(1). The
				proposed budget is to be based on the ADA of the children residing in the
				institution. The ADA used for the proposed budget is the ADA for the school
				year that ended the previous June 30.
(2)
Students not served pursuant to
				an IEP.
The budget will be calculated as the sum of the following:
a. ADA multiplied by the state cost per pupil
				for the budget year established pursuant to Iowa Code section 257.9.
b. ADA multiplied by the per pupil media
				services funding for the AEA in which the institution is located as established
				by Iowa Code section 257.37.
c. ADA multiplied by the per pupil
				educational services funding for the AEA in which the institution is located as
				established by Iowa Code section
				257.37.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.7 - Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Payments to institutions will be made at a time and
				manner specified in Iowa Code section 282.33(1).
(2)
Payments to the AEA.
Within ten days of receiving its payment, the institution shall pay to the AEA
				in which the institution is located one-tenth of the total funding included in
				its approved budget for AEA media services, educational services, and special
				education support services.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.9 - Aea Services

Current through Register Vol. 47, No. 3, July 24, 2024
Each institution will purchase from the AEA in which the
				  institution is located support, related and other services necessary to provide
				  appropriate educational programs to students requiring special education, and
				  payment for the purchased services shall be made in accordance with subrule
				  34.7(2). The nature and extent of such services will be comparable to those
				  provided to school districts in the AEA.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.10 - Postsecondary Credit Courses

Current through Register Vol. 47, No. 3, July 24, 2024
High school students who attend an institution and are
				  residents of the state of Iowa are eligible to be enrolled in college courses
				  offered by an eligible postsecondary institution as defined in Iowa Code
				  section 261E.2(3)  and
				  to receive both secondary and postsecondary credit therefor.
(1)
Noneligible courses.
Postsecondary courses utilized in the attainment of an adult diploma or high
				school equivalency diploma are not eligible for funding hereunder.
(2)
Eligible courses.
Postsecondary courses eligible for funding hereunder must meet all of the
				following paragraphs. The course is to be:
a.
				Supplementing, not supplanting, courses offered at the institution.
b. Included in the college catalog or an
				amendment or addendum to the catalog.
c. Open to all registered college students,
				not just secondary students.
d.
				Taught by a college-employed instructor.
e. Taught utilizing the college course
				syllabus.
f. Of the same quality as
				a course offered on a college campus.
g. Nonsectarian.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.12 - Audit

Current through Register Vol. 47, No. 3, July 24, 2024
Each institution shall make the records related to providing
				  educational services to students residing within the institution available to
				  independent auditors, state auditors and department of education staff upon
				  request.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.13 - Hold-harmless Provision

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding rule
				  281-34.6
				  (218), any institution that would receive less funding in its proposed budget
				  pursuant to these rules for the instructional program for the 2003-2004 school
				  year than it had received in funding for the instructional program for the
				  2002-2003 school year shall be held harmless. The institution shall receive an
				  amount equal to the amount it was funded in 2002-2003. This provision shall
				  continue until the first year in which the proposed budget pursuant to these
				  rules would equal or exceed the amount it had received for the instructional
				  program for the 2002-2003 school year. The hold-harmless provision shall cease
				  beginning with the first year in which the proposed budget pursuant to these
				  rules equals or exceeds the 2002-2003 funding amount.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.14 - Aea Services

Current through Register Vol. 47, No. 3, July 24, 2024
Each institution shall purchase from the AEA in which the
				  institution is located support, related and other services necessary to provide
				  appropriate educational programs to students requiring special education, and
				  payment for the purchased services shall be made in accordance with rule
				  281-34.8
				  (218). The nature and extent of such services shall be comparable to those
				  provided to school districts in the AEA.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 34 - Funding for Children Residing in State Institutions or Mental Health Institutes › Rule 281-34.15 - Postsecondary Credit Courses

Current through Register Vol. 47, No. 3, July 24, 2024
Eleventh and twelfth grade students who attend an institution
				  and are residents of the state of Iowa are eligible to be enrolled in college
				  courses offered by an eligible postsecondary institution as defined in Iowa
				  Code section 261C.3(1) and to receive both secondary and postsecondary credit
				  therefor
(1)
Noneligible
				courses.
Postsecondary courses utilized in the attainment of an adult
				diploma or general equivalency diploma are not eligible for funding
				hereunder
(2)
Eligible
				courses.
Postsecondary courses eligible for funding hereunder must
				meet all of the following requirements. The course must be:
a. Supplementing, not supplanting, courses
				offered at the institution.
b.
				Included in the college catalog or an amendment or addendum to the
				catalog.
c. Open to all registered
				college students, not just secondary students.
d. Taught by a college-employed
				instructor
e. Taught utilizing the
				college course syllabus.
f. Of the
				same quality as a course offered on a college campus.
g. Nonsectarian.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 35 - Educational Standards and Program Requirements for Children's Residential Facilities › Rule 281-35.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
All school-age children, including children younger than 5
				  years of age and older than 18 years of age who are eligible children to
				  receive special education, who are living in any children's residential
				  facility providing residential care to children within the state of Iowa, which
				  is not otherwise exempted by the Iowa Code, are to be provided an appropriate
				  education.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 35 - Educational Standards and Program Requirements for Children's Residential Facilities › Rule 281-35.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions
				  apply:
"Child"
or
"children"
means
				  an individual or individuals under 18 years of age. A child is "school-age" if
				  the child is at least 5 years of age on September 15 but not more than 21 years
				  of age or if the child is younger than 5 years of age or older than 18 years of
				  age and is an eligible child to receive special education.
"Children's residential facility"
means the
				  same as defined in Iowa Code section
				  237C.1(3)  and
				  may also be referred to as a "private facility." It does not include any
				  facility that houses school-age children and children eligible to receive
				  special education who are under the jurisdiction of the department of
				  corrections, department of health and human services, board of regents, or
				  other governmental agency and that has current authority to offer direct
				  instruction to children from funding available to one of the above
				  agencies.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 35 - Educational Standards and Program Requirements for Children's Residential Facilities › Rule 281-35.3 - Establishing an Appropriate Educational Program

Current through Register Vol. 47, No. 3, July 24, 2024
A children's residential facility may accept any child of
				  school age or a child who is eligible to receive special education services
				  only after it has been issued a certificate of approval by the department of
				  health and human services and has established an appropriate educational
				  program and services under this chapter.
(1) A private facility will establish an
				appropriate educational program using one of the options provided in Iowa Code
				section 282.34(1).
(2) Any contract established by the private
				facility with a school district or accredited nonpublic school is to include,
				at a minimum, the physical location of the educational program and educational
				services; the parties involved; the purpose of the contract; the program
				description in detail; the powers, duties and authority of each party to the
				contract; the jurisdiction of each party to the contract; the dispute
				resolution procedure; specifications of the services that are contracted, if
				any, and how costs are to be calculated; billing procedures; how each legal,
				testing, and reporting obligation will be met; ownership of property belonging
				to the party that paid the cost or contributed the item; contract amendment
				procedures; contract approval procedures; contract renewal and termination
				procedures; duration of the contract; cross indemnification; application of
				laws, rules and regulations; binding effect; severability; assurances; and
				signature of the school board with legal power to authorize the terms of the
				contract. Any contract developed under this rule is tobe submitted to the
				department of education for review and approval by the director of the
				department prior to enactment. A contract that fails to comply with any of the
				provisions of this chapter is void.
(3) Children residing in a private facility
				who need treatment or security throughout the day shall have classrooms made
				available at the site of the private facility at no cost to the school district
				providing the instructional program or instructional supervision. The classroom
				is to meet the requirements for educational space for children in accordance
				with the Iowa Code, administrative rules, and state fire marshal
				regulations.
(4) Nothing included
				in this chapter regulates religious education curricula of any private
				facility.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 35 - Educational Standards and Program Requirements for Children's Residential Facilities › Rule 281-35.4 - Notices, Fees, and Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A private
				facility is to comply with Iowa Code sections
				282.34(1)
"b"
and 282.34(1)
"c."
(2) If the educational programs and
				educational services are provided by or through the public school district of
				location, only fees related to the educational programs and educational
				services that are authorized by the Iowa Code, including but not limited to
				Iowa Code chapter 282, may be charged. The public school district cannot charge
				nonresident students a higher fee than resident students.
(3) A private facility is to comply with
				requests by the Iowa department of education for basic educational and
				financial information.
Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 35 - Educational Standards and Program Requirements for Children's Residential Facilities › Rule 281-35.5 - Provision of Appropriate Educational Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A private
				facility is to fully cooperate with the area education agency and school
				district in which the facility is located to fulfill the area education
				agency's responsibilities for child find under 281-Chapter 41, including making
				a child available for evaluation and provision of services for which the child
				is eligible.
(2) If a child does
				not need treatment or security by a private facility in such a time or manner
				as is needed to remain on the campus of the private facility, a child with an
				individual education plan is to be provided special education instruction and
				related services with other nondisabled children within the least restrictive
				environment to the maximum extent appropriate.
(3) The area education agency in which the
				private facility is located, the school district of residence, and other
				appropriate public or private agencies or private individuals involved with the
				care or placement of a child will cooperate with the school district in which
				the private facility is located in sharing educational information, textbooks,
				curricula, assignments, and materials to plan and to provide for the
				appropriate education of the child living in a private facility and to ensure
				academic credit is granted to the child for instructional time earned upon
				discharge from the private residential facility.
(4) A private facility that houses eligible
				children who are four years of age by September 15 of the school year will
				notify the parents or legal guardians of these eligible children about the
				opportunities to access quality preschool programs. Children whose parents are
				Iowa residents may access the statewide voluntary preschool program under
				281-Chapter 16 at no cost to the parents, and transportation will be provided
				by the public school district in which the statewide voluntary preschool
				provider is located from the school district's statewide voluntary preschool
				programs funding. Children whose parents are not Iowa residents may access the
				statewide voluntary preschool programs, if space is available, through a
				tuition and transportation agreement with the public school district in which
				the statewide voluntary preschool program provider is located.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 36 - Extracurricular Interscholastic Competition › Rule 281-36.2 - Registered Organizations

Current through Register Vol. 47, No. 3, July 24, 2024
Organizations registered with the department include the
				  following:
(1) Iowa High School
				Athletic Association (hereinafter association).
(2) Iowa Girls' High School Athletic Union
				(hereinafter union).
(3) Iowa High
				School Music Association (hereinafter music association).
(4) Iowa High School Speech Association
				(hereinafter speech association).
(5) Unified Iowa High School Activities
				Federation (hereinafter federation).
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 36 - Extracurricular Interscholastic Competition › Rule 281-36.3 - Filings by Organizations

Current through Register Vol. 47, No. 3, July 24, 2024
Each organization will maintain a current file of the
				  following items, available for inspection by the department:
(1) Constitution and bylaws, approved by the
				state board of education.
(2)
				Current membership and associate membership lists.
(3) Organization policies.
(4) Minutes of all meetings of organization
				boards.
(5) Proposed constitution
				and bylaw amendments or revisions.
(6) Audit reports.
(7) General bulletins.
(8) Other information pertinent to clarifying
				organization administration.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 36 - Extracurricular Interscholastic Competition › Rule 281-36.4 - Executive Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Membership.
Each organization will have an executive board,
				containing some representation from school administrators, teachers, and
				elective school officers; provided, however, that the membership will include
				the following:
a. One member who is a member
				of a school board in Iowa, appointed by the Iowa association of school boards
				to represent the lay public.
b. One
				member who is either a coach, sponsor or director of an activity sponsored by
				the organization to which the member is elected and who works directly with the
				students or the program. This member is to be elected by ballot of the member
				schools, the vote to be cast by the school's designated representative of the
				organization involved.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 36 - Extracurricular Interscholastic Competition › Rule 281-36.5 - Fiscal Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Salary.
No remuneration, salary, or remittance may be made to
				any member of an executive board, representative council or advisory committee
				of an organization for the member's service.
(2)
Expenses.
Travel and
				actual expenses of executive board members, representative council members,
				advisory committee members, and officers may be paid from organizational funds
				only when on official business for the organization. Actual expenses are to be
				paid for travel for transportation outside the state, along with necessary and
				reasonable expenses that are to be itemized. Itemized accounting of the travel
				and business expenses of employees are to be furnished to the department in an
				annual report on a form prescribed by the department.
(3)
Financial report.
Full
				and detailed reports of all receipts and expenditures are to be filed annually
				with the department.
(4)
Bond.
The executive board of each activity organization will
				purchase a blanket fidelity bond from a corporate surety approved by the
				executive board, conditioned upon the faithful performance of the duties of the
				executive officer, the members of the executive board, and all other employees
				of the activity organization. Such blanket bond is to be in a penal amount set
				by the executive board and is to be the sum of 50 percent of the largest amount
				of moneys on hand in any 30-day period during the preceding fiscal year, and 20
				percent of the net valuation of all assets of the activity organization as of
				the close of the last fiscal year, but such bond will in no case be in an
				amount less than $10,000.
(5)
Audit.
a.
General.
The financial condition and transaction of all
				organizations will be examined once each year, or more often if directed by the
				director of education, by either a certified public accountant chosen by the
				organization or by a committee chosen by the organization and approved by the
				director of education.
b.
Examinations by auditors.
Auditors have the right while making
				the examination to examine all organization papers, books, records, tickets,
				and documents of any of the officers and employees of the organizations, and
				have the right in the presence of the custodian or deputy to have access to the
				cash drawers and cash in the official custody of the officer and to the records
				of any depository that has funds of the organization in its custody.
c.
Access to records.
Upon
				request, organizations will make available to the department or its delegated
				representative all records, data, written policies, books, accounts, and other
				materials relating to any or all aspects of their
				operations.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 36 - Extracurricular Interscholastic Competition › Rule 281-36.6 - Appearance Before State Board

Current through Register Vol. 47, No. 3, July 24, 2024
At the request of the state board of education or its
				  executive officer, members of the governing boards and employees of the
				  organizations will appear before and give a full accounting and details on the
				  aforesaid matters to the state board of education.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 36 - Extracurricular Interscholastic Competition › Rule 281-36.9 - Executive Board Review

Current through Register Vol. 47, No. 3, July 24, 2024
A student, parent of a minor student, or school contesting
				  the ruling of a student's eligibility based on these rules, other than subrule
				  36.8(1) or paragraph 36.8(2)
"b," "c," "d," "f,"
or
"k"
or based on a challenge to a local district finding that a
				  student was not subject to a founded incident of harassment or bullying, or a
				  school contesting a penalty imposed under paragraph
				  36.8(6)
"b,"
will state the basis of the objections in writing,
				  addressed to the executive officer of the board of the governing organization.
				  Upon request of a student, parent of a minor student, or school, the executive
				  officer will schedule a hearing before the executive board on or before the
				  next regularly scheduled meeting of the executive board but not later than 20
				  calendar days following the receipt of the objections, unless a later time is
				  mutually agreeable. The executive board will give at least five business days'
				  written notice of the hearing. The executive board will consider the evidence
				  presented and issue findings and conclusions in a written decision within five
				  business days of the hearing and will mail a copy to the appellant. The burden
				  of proving entitlement to relief under this rule lies with the party seeking
				  it.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 36 - Extracurricular Interscholastic Competition › Rule 281-36.10 - Appeals to Director

Current through Register Vol. 47, No. 3, July 24, 2024
If the claimant is still dissatisfied, an appeal may be made
				  in writing to the director of education by giving written notice of the appeal
				  to the state director of education with a copy by registered mail to the
				  executive officer of the governing organization. An appeal is to be in the form
				  of an affidavit and be filed within ten business days after the date of mailing
				  of the decision of the governing organization. The director of education will
				  establish a date for hearing within 20 calendar days of receipt of written
				  notice of appeal by giving at least 5 business days' written notice of hearing
				  to the appellant, unless another time is mutually agreeable. The procedures for
				  hearing adopted by the state board of education and found at 281-Chapter 6 are
				  applicable, except that the decision of the director is final. Appeals to the
				  executive board and the state director are not contested cases under Iowa Code
				  section 17A.2(5). The
				  burden of proving entitlement to relief under this rule lies with the party
				  seeking it.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 36 - Extracurricular Interscholastic Competition › Rule 281-36.11 - Organization Policies

Current through Register Vol. 47, No. 3, July 24, 2024
The constitution or bylaws of organizations sponsoring
				  contests for participation by member schools will reflect the following
				  policies:
(1)
Expenditure
				policy.
It is the expenditure policy of each organization, after
				payment of costs incurred in rules
				281-36.6 (280) through
				281-36.9 (280) and legitimate
				expenses for housing, equipment and supplies, including by agreement with other
				organizations having a mutual interest in interscholastic activities, to use
				all receipts to promote and fiscally sponsor those extracurricular
				interscholastic contests and competitions deemed by the organization to be most
				beneficial to all eligible students enrolled in member schools. Organizations
				with large revenues may provide assistance in staff, space, equipment and the
				transfer of funds to other organizations whose contests or competitions do not
				generate sufficient moneys to carry out an adequate program in their areas of
				service. Each organization will make an annual payment to the federation to
				cover the necessary expenditures of the federation. The amount of this payment
				will be determined by the federation.
(2)
Calendar of events.
The
				federation will establish yearly in advance a calendar of events for the
				interscholastic contests and competitions sponsored by the
				organizations.
(3)
Information to local member schools.
The federation will
				distribute to member schools the yearly calendar of events and other
				information believed by officers of the federation to be helpful to local
				school officials in providing a comprehensive program of extracurricular
				interscholastic contests or competitions.
(4)
Participation.
Participation in interscholastic contests or competitions will be by school
				teams only and not selected individuals, with the exception of individual
				sports events such as wrestling, track, cross country, golf, tennis, and music
				and speech activities.
(5)
Contests outside Iowa.
Out-of-state contest participation by a
				member school is limited to regularly scheduled interscholastic
				activities.
(6)
Promoting
				interstate contests.
No activity organization is to sponsor interstate
				contests or competition between individuals, teams or groups.
(7)
Chaperones.
It is the
				responsibility of all school districts to see that all teams or contestants are
				properly chaperoned when engaged in interscholastic activities.
(8)
Membership.
Membership
				in an organization is limited to schools accredited by the department or
				approved by the department solely for purposes of associate membership in a
				registered organization.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 36 - Extracurricular Interscholastic Competition › Rule 281-36.12 - Eligibility in Situations of District Organization Change

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any other provision of this chapter, in the
				  event eligibility of one or more students is jeopardized or in question as a
				  result of actions beyond their control due to pending reorganization of school
				  districts approved by the voters under Iowa Code chapter 275; action of the
				  district boards of directors under Iowa Code section
				  274.37; or the joint employment
				  of personnel and sharing of facilities under Iowa Code section
				  280.15 and the result is a
				  complete discontinuance of the high school grades, or discontinuance of the
				  high school grades pursuant to Iowa Code section
				  282.7(1), the
				  boards of directors of the school districts involved may, by written agreement,
				  determine the eligibility of students for the time the district of residence
				  does not provide an activity program governed by this chapter. When the
				  respective boards have not provided by written agreement for the eligibility of
				  students whose eligibility is jeopardized or questioned four weeks prior to the
				  normal established time for beginning the activity, students or parents of
				  students involved may request a determination of eligibility from the governing
				  body of the organization involved. All parties directly interested will be
				  given an opportunity to present their views to the governing board.
A determination of eligibility by the governing board will be
				  based upon fairness and the best interests of the students.
In the event that one or more parties involved in the request
				  for determination before the governing board are dissatisfied with the decision
				  of the governing board, an appeal may be made by the dissatisfied party to the
				  director of the department under the provisions of rule
				  281-36.10 (280). A decision of
				  the director in the matter is final.
The above provisions apply insofar as applicable to changes
				  of organization entered into between two or more nonpublic schools.
This rule is intended to implement Iowa Code section
				  280.13.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 37 - Extracurricular Athletic Activity Conference for Member Schools › Rule 281-37.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
It is the policy of the state of Iowa that each school
				  desiring to be a member of a conference providing extracurricular athletic
				  contests and competitions for students is granted this opportunity. For
				  purposes of this chapter, "member school" means a school or school district
				  granted such status by any corporation, association, or organization registered
				  with the state department of education pursuant to Iowa Code section
				  280.13 and includes associate
				  members.
(1)
Criteria.
To the maximum extent appropriate, membership shall
				be with other schools of comparable size and within reasonable geographic
				proximity.
(2)
Initial
				responsibility.
The initial authority and responsibility for
				conference development, membership, and alignment rests with the board of
				directors of each public school district and the authorities in charge of each
				nonpublic school.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 37 - Extracurricular Athletic Activity Conference for Member Schools › Rule 281-37.2 - Complaint to the Director, Department of Education

Current through Register Vol. 47, No. 3, July 24, 2024
A member school that believes it has been unfairly excluded
				  or prevented from obtaining membership in an athletic activity conference that
				  would provide the opportunity for participation of its students in athletic
				  events or contests with students from other member schools of comparable size
				  and within reasonable geographic proximity may file a complaint stating this
				  concern with the director of the department of education. The complaint is to
				  set forth in a plain and concise manner the reasons the member school believes
				  the director should intervene in conference alignment decisions and the
				  specific relief requested by the member school. The complaint is to be signed
				  by the president of the board of directors of a public school district or a
				  representative of the officials in charge of an accredited nonpublic school.
				  The director or the director's designee will, within ten days, acknowledge to
				  the member school receipt of the complaint in writing.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 37 - Extracurricular Athletic Activity Conference for Member Schools › Rule 281-37.3 - Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director of
				the department of education will establish a mediation team consisting of the
				executive director of the Iowa high school athletic association (hereinafter
				association) and the executive secretary of the Iowa girls' high school
				athletic union (hereinafter union) organizations recognized in 281-Chapter 36,
				or their designees, to meet with the complainant and representatives of other
				affected member schools. If the complaint involves conference alignment for
				athletic activities represented by only one of the organizations, only that
				organization will be involved in the mediation. A copy of all materials filed
				with the director by the complainant member school will be provided to the
				mediation team.
(2) The mediation
				team will meet with administrators or board members of schools potentially
				affected by changes in conference alignment related to the complaint. Schools
				will send representatives who have knowledge of the impact of a conference
				realignment and full authority to respond on behalf of their member school.
				Factors to be weighed in reaching resolution include school enrollment figures
				(current and projected), travel distances, comparability of instructional
				programs, traditional rivalries, number of existing and proposed schools in the
				conference, and comparability of athletic programs and other school-sponsored
				programs.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 37 - Extracurricular Athletic Activity Conference for Member Schools › Rule 281-37.4 - Resolution or Recommendation of the Mediation Team

Current through Register Vol. 47, No. 3, July 24, 2024
If mediation results in resolution of the complaint, no
				  further action is necessary on the part of the director and the implementation
				  of the mediation agreement will be left with the boards of directors of school
				  districts and the authorities in charge of nonpublic schools. If no resolution
				  is reached within 50 days of the start of the mediation process, the mediation
				  team will make a recommendation to the director as to the best resolution of
				  the complaint. Copies of this recommendation will be given to all affected
				  member schools. The director will establish a time for a hearing on this
				  recommendation within 45 days of the receipt of the mediation team's
				  recommendation. The director or director's designee will conduct the hearing,
				  at which time all affected parties will be given the opportunity to provide
				  oral or written testimony or submit other evidence. The director or director's
				  designee reserves the right to establish time limits on appearances at the
				  hearing.
Iowa Administrative Code › Agency 281 - Education Department › Title VI - Interscholastic Competition › Chapter 37 - Extracurricular Athletic Activity Conference for Member Schools › Rule 281-37.5 - Decision; Effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In reaching a
				decision on the complaint, the director will consider information gathered by
				the mediation team and its recommendation as well as the written and oral
				testimony from the hearing. In addition, the director or the director's
				designee may consult with other individuals, organizations, or conference
				representatives able to provide input on a decision. If a designee of the
				director conducts the hearing and review process, the findings of the designee
				shall be reviewed by the director. A final decision on the complaint will be
				made by the director. The decision may affect conference realignment or direct
				other appropriate relief to remedy the complaint. The director will make a
				decision within 60 days of the hearing, and copies of the decision will be
				provided to all affected parties.
(2) If the decision results in conference
				realignment, the date of this change shall be made with deference given to
				existing contracts and commitments. Alignment changes will be made for
				four-year periods with automatic review by the director after two years so that
				further necessary changes take effect at the conclusion of the four-year
				period, unless agreement exists that implementation of the changes can occur at
				an earlier date.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.2 - Applicability of This Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of this chapter are binding on each public
				  agency in the state that provides special education and related services to
				  children with disabilities, regardless of whether that agency is receiving
				  funds under Part B of the Individuals with Disabilities Education Act
				  (Act).
(1)
General.
The provisions of this chapter apply to all political subdivisions of the state
				that are involved in the education of children with disabilities, including:
a. The state educational agency
				(SEA).
b. Local educational
				agencies (LEAs), area education agencies (AEAs), and public charter schools
				that are not otherwise included as LEAs or educational service agencies (ESAs)
				and are not a school of an LEA or ESA.
c. Other state agencies and schools,
				including but not limited to the department of health and human services and
				state schools and programs for children who are deaf or hard of hearing or
				children who are blind or visually impaired.
d. State and local juvenile and adult
				correctional facilities.