reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.535 - Referral to and Action by Law Enforcement and Judicial Authorities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Rule of
				construction.
Nothing in Part B of the Act or this chapter prohibits
				an agency from reporting a crime committed by a child with a disability to
				appropriate authorities or prevents state law enforcement and judicial
				authorities from exercising their responsibilities with regard to the
				application of federal and state law to crimes committed by a child with a
				disability.
(2)
Transmittal
				of records.
a. An agency reporting a
				crime committed by a child with a disability must ensure that copies of the
				special education and disciplinary records of the child are transmitted for
				consideration by the appropriate authorities to whom the agency reports the
				crime.
b. An agency reporting a
				crime under this rule may transmit copies of the child's special education and
				disciplinary records only to the extent that the transmission is permitted by
				the Family Educational Rights and Privacy Act, such as by obtaining consent
				(34 CFR Section
				99.30) or in instances where disclosure
				without consent is permitted (34 CFR Section
				99.31).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.536 - Change of Placement Because of Disciplinary Removals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
For purposes of removals of a child with a disability
				from the child's current educational placement under rules
				281-41.530 (256B, 34CFR300) to
				281-41.535 (256B, 34CFR300), a
				change of placement occurs under the following circumstances:
a. The removal is for more than ten
				consecutive school days; or
b. The
				child has been subjected to a series of removals that constitute a pattern
				based on the following:
(1) The series of
				removals total more than ten school days in a school year;
(2) The child's behavior is substantially
				similar to the child's behavior in previous incidents that resulted in the
				series of removals; and
(3)
				Additional factors, such as the length of each removal, the total amount of
				time the child has been removed, and the proximity of the removals to one
				another.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.537 - State Enforcement Mechanisms

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding paragraphs 41.506(2)
"g"
and
				  41.510(4)
"b,"
which provide for judicial enforcement of a
				  written agreement reached as a result of mediation or a resolution meeting,
				  there is nothing in Part B of the Act that would prevent the department from
				  using other mechanisms to seek enforcement of that agreement, such as the state
				  complaint procedure, provided that use of those mechanisms is not mandatory and
				  does not delay or deny a party the right to seek enforcement of the written
				  agreement in a state court of competent jurisdiction or in a district court of
				  the United States.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.600 - State Monitoring and Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state must monitor the implementation of Part B
				of the Act and this chapter, enforce this chapter in accordance with rule
				281-41.604(256B, 34CFR300), and annually report on performance under Part B of
				the Act and this chapter.
(2)
Primary focus of monitoring activity.
The primary focus of the
				state's monitoring activities must be on the following:
a. Improving educational results and
				functional outcomes for all children with disabilities; and
b. Ensuring that public agencies meet the
				program requirements under Part B of the Act, with a particular emphasis on
				those requirements that are most closely related to improving educational
				results for children with disabilities.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.601 - State Performance Plans and Data Collection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each state must have in place a performance plan that
				evaluates the state's efforts to implement the requirements and purposes of
				Part B of the Act and describes how the state will improve such implementation.
a. Each state must submit the state's
				performance plan to the Secretary for approval in accordance with the approval
				process described in Section 616(c) of the Act.
b. Each state must review its state
				performance plan at least once every six years and submit any amendments to the
				Secretary.
c. As part of the state
				performance plan, each state must establish measurable and rigorous targets for
				the indicators established by the Secretary under the priority areas described
				in 34 CFR Section
				300.600(d).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.602 - State Use of Targets and Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state shall use the targets established in the
				state's performance plan under rule
				281-41.601 (256B, 34CFR300) and
				the priority areas described in subrule 41.600(4) to analyze the performance of
				each LEA.
(2)
Public
				reporting and privacy.
a.
Public report.
The state must:
(1) Report annually to the public on the
				performance of each LEA located in the state on the targets in the state's
				performance plan as soon as practicable but no later than 120 days following
				the state's submission of its annual performance report under paragraph
				41.602(2)
"b"
; and
(2) Make the state's performance plan, the
				state's annual performance reports, and annual reports on the performance of
				each LEA located in the state available through public means, including, at a
				minimum, by posting these documents on the website of the department,
				distribution to the media, and distribution through public agencies.
(3) If the state collects performance data
				through state monitoring or sampling, the state must include in its report
				under subparagraph 41.602(2)
"a"
(1) the most recently available
				performance data on each LEA, and the date the data were obtained.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.603 - Department Review and Determination Regarding Public Agency Performance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review.
The state shall annually review the performance of
				each LEA and AEA, including but not limited to data on indicators identified in
				the state's performance plan, information obtained through monitoring visits,
				and any other public information made available.
(2)
Determination.
Based on
				the information obtained and reviewed by the state, the state shall determine
				whether each LEA and AEA:
a. Meets the
				requirements and purposes of Part B of the Act and of this chapter;
b. Needs assistance in implementing the
				requirements of Part B of the Act and of this chapter;
c. Needs intervention in implementing the
				requirements of Part B of the Act and of this chapter; or
d. Needs substantial intervention in
				implementing the requirements of Part B of the Act and of this
				chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.604 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Needs
				assistance.
If the state determines for two consecutive years that an
				LEA or AEA needs assistance under paragraph 41.603(2)
"b"
in
				implementing the requirements of Part B of the Act, the state shall take one or
				more of the following actions:
a. Advise the
				LEA or AEA of available sources of technical assistance that may help the LEA
				or AEA to address the areas in which it needs assistance, which may include
				assistance from the Iowa department of education, other state agencies,
				technical assistance providers approved by the Secretary, and other federally
				funded and state-funded nonprofit agencies, and require it to work with
				appropriate entities. Such technical assistance may include any of the
				following:
(1) The provision of advice by
				experts to address the areas in which the LEA or AEA needs assistance,
				including explicit plans for addressing the area for concern within a specified
				period of time;
(2) Assistance in
				identifying and implementing professional development, instructional
				strategies, and methods of instruction that are based on scientifically based
				research;
(3) Designating and using
				distinguished superintendents, principals, special education administrators,
				special education teachers and other teachers to provide advice, technical
				assistance, and support; and
(4)
				Devising additional approaches to providing technical assistance, such as
				collaborating with institutions of higher education, educational service
				agencies, national centers of technical assistance supported under Part D of
				the Act, and private providers of scientifically based technical
				assistance.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.605 - Withholding Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
As a consequence of a determination made under rule
				281-41.603(256B, 34CFR300) or enforcement of any provision of Part B of the
				Act and this chapter, the state may withhold some or all of the funds from an
				AEA or LEA or a program or service of an AEA or LEA, or may direct an AEA to
				withhold all or some funds from an LEA or a program or service of an
				LEA.
(2)
Hearing.
If the state intends to withhold funds, the state shall provide notice and an
				opportunity for a hearing to the AEA or LEA. If a hearing is requested, the
				state may suspend payments to an AEA or LEA, or suspend the authority of the
				AEA or LEA to obligate funds, or both, until a decision is made after the
				hearing. A hearing under this rule, which shall not be a contested case under
				Iowa Code chapter 17A, shall be requested within 30 days of notice of
				withholding by requesting a hearing before the director of the Iowa department
				of education or the director's designee. The presiding officer at the hearing
				shall consider the purposes of Part B of the Act and of this chapter and shall
				determine whether the state abused its discretion in its decision under subrule
				41.605(1).
(3)
Reinstatement.
If the LEA or AEA substantially rectifies the
				condition that prompted the initial withholding under subrule 41.605(1), then
				the state may reinstate payments to the LEA or AEA. If an LEA or AEA disagrees
				with the state's decision that it has not substantially rectified the condition
				that prompted the initial withholding under subrule 41.605(1), the LEA or AEA
				may request a hearing under subrule 41.605(2).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.606 - Public Attention

Current through Register Vol. 47, No. 3, July 24, 2024
Any LEA or AEA that has received notice under paragraph
				  41.603(2)
"b," "c,"
or
"d"
must, by means of a
				  public notice, take such measures as may be necessary to notify the public
				  within the LEA or AEA of such notice and of the pendency of an action taken
				  pursuant to rule 281-41.604 (256B, 34CFR300
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.608 - State Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prohibition on reduction of maintenance of effort.
If the
				state determines that an LEA or AEA is not meeting the requirements of Part B
				of the Act, including the targets in the state's performance plan, the state
				must prohibit the LEA or AEA from reducing its maintenance of effort under rule
				281-41.203(256B, 34CFR300) for any fiscal year.
(2)
Rule of construction.
Nothing in this chapter shall be construed to restrict the state from utilizing
				any other authority available to it to monitor and enforce the requirements of
				Part B of the Act or of this chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.609 - State Consideration of Other State or Federal Laws

Current through Register Vol. 47, No. 3, July 24, 2024
In making the determinations required by rule
				  281-41.603 (256B, 34CFR300), in
				  ordering actions pursuant to rule
				  281-41.604 (256B, 34CFR300),
				  and in taking any other action under this chapter, the department may consider
				  whether any agency has complied with any other applicable state or federal law,
				  including but not limited to education law or disability law, or with any
				  corrective action ordered by any competent authority for violation of any such
				  law.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.610 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The state shall take appropriate action, in accordance with
				  Section 444 of the General Education Provisions Act, to ensure the protection
				  of the confidentiality of any personally identifiable data, information, and
				  records collected or maintained by the state and by LEAs and AEAs pursuant to
				  Part B of the Act and this chapter, and consistent with rules
				  281-41.611 (256B, 34CFR300) to
				  281-41.626 (256B, 34CFR300
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.611 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules
				  281-41.611 (256B, 34CFR300) to
				  281-41.625 (256B, 34CFR300
				 ).
"Destruction"
means physical destruction or
				  removal of personal identifiers from information so that the information is no
				  longer personally identifiable.
"Education records"
means the type of
				  records covered under the definition of "education records" in 34 CFR Part 99
				  (the regulations implementing the Family Educational Rights and Privacy Act of
				  1974, 20 U.S.C.
				  1232g (FERPA)).
"Participating agency"
means any agency or
				  institution that collects, maintains, or uses personally identifiable
				  information, or from which information is obtained, under Part B of the Act or
				  this chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.612 - Notice to Parents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The department must give notice that is adequate to
				fully inform parents about the requirements of rule
				281-41.123 (256B, 34CFR300),
				including the following information:
a. A
				description of the extent that the notice is given in the native languages of
				the various population groups in the state;
b. A description of the children on whom
				personally identifiable information is maintained, the types of information
				sought, the methods the state intends to use in gathering the information,
				including the sources from whom information is gathered, and the uses to be
				made of the information;
c. A
				summary of the policies and procedures that participating agencies must follow
				regarding storage, disclosure to third parties, retention, and destruction of
				personally identifiable information; and
d. A description of all of the rights of
				parents and children regarding this information, including the rights under
				FERPA and implementing regulations in 34 CFR Part 99.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.613 - Access Rights

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each participating agency must permit parents to
				inspect and review any education records relating to their children that are
				collected, maintained, or used by the agency under this chapter. The agency
				must comply with a request without unnecessary delay and before any meeting
				regarding an IEP, any hearing pursuant to rule
				281-41.507 (256B, 34CFR300) or
				rules 281-41.530 (256B, 34CFR300) to
				281-41.532 (256B, 34CFR300), or
				any resolution session pursuant to rule
				281-41.510 (256B, 34CFR300),
				and in no case more than 45 days after the request has been made.
(2)
Extent of right to inspect and
				review.
The right to inspect and review education records under this
				rule includes the following:
a. The right to a
				response from the participating agency to reasonable requests for explanations
				and interpretations of the records;
b. The right to request that the agency
				provide copies of the records containing the information if failure to provide
				those copies would effectively prevent the parent from exercising the right to
				inspect and review the records; and
c. The right to have a representative of the
				parent inspect and review the records.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.614 - Record of Access

Current through Register Vol. 47, No. 3, July 24, 2024
Each participating agency must keep a record of parties that
				  obtain access to education records collected, maintained, or used under Part B
				  of the Act, except access by parents and authorized employees of the
				  participating agency, including the name of the party, the date access was
				  given, and the purpose for which the party is authorized to use the
				  records.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.615 - Records on More Than One Child

Current through Register Vol. 47, No. 3, July 24, 2024
If any education record includes information on more than one
				  child, the parents of those children have the right to inspect and review only
				  the information relating to their child or to be informed of that specific
				  information.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.617 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fees
				for copies in certain circumstances.
Each participating agency may
				charge a fee for copies of records that are made for parents under this chapter
				if the fee does not effectively prevent the parents from exercising their right
				to inspect and review those records.
(2)
No fees permitted for record
				retrieval.
A participating agency may not charge a fee to search for
				or to retrieve information under this chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.618 - Amendment of Records at Parent's Request

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Parent
				may request amendment.
A parent who believes that information in the
				education records collected, maintained, or used under this chapter is
				inaccurate or misleading or violates the privacy or other rights of the child
				may request the participating agency that maintains the information to amend
				the information.
(2)
Agency
				to act on parent's request.
The agency must decide whether to amend
				the information in accordance with the request within a reasonable period of
				time of receipt of the request.
(3)
Agency to inform parent of hearing rights.
If the agency
				decides to refuse to amend the information in accordance with the request, it
				must inform the parent of the refusal and advise the parent of the right to a
				hearing under rule 281-41.619(256B, 34CFR300).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.619 - Opportunity for a Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
The agency must, on request, provide an opportunity for a
				  hearing to challenge information in education records to ensure that it is not
				  inaccurate, misleading, or otherwise in violation of the privacy or other
				  rights of the child.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.620 - Result of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Information to be amended.
If, as a result of the hearing, the
				agency decides that the information is inaccurate, misleading or otherwise in
				violation of the privacy or other rights of the child, it must amend the
				information accordingly and so inform the parent in writing.
(2)
Information not to be
				amended.
If, as a result of the hearing, the agency decides that the
				information is not inaccurate, misleading, or otherwise in violation of the
				privacy or other rights of the child, it must inform the parent of the parent's
				right to place in the records the agency maintains on the child a statement
				commenting on the information or setting forth any reasons for disagreeing with
				the decision of the agency.
(3)
Explanation placed in student records.
Any explanation placed
				in the records of the child under this rule must be maintained by the agency as
				part of the records of the child as long as the record or contested portion is
				maintained by the agency; and, if the records of the child or the contested
				portion is disclosed by the agency to any party, the explanation must also be
				disclosed to the party.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.621 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
A hearing held under rule
				  281-41.619 (256B, 34CFR300)
				  must be conducted according to the procedures in
				  34 CFR
				  99.22.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.622 - Consent

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When
				parental consent required.
Parental consent must be obtained before
				personally identifiable information is disclosed to parties, other than
				officials of participating agencies in accordance with subrule 41.622(2),
				unless the information is contained in education records and the disclosure is
				authorized without parental consent under 34 CFR Part 99.
(2)
When parental consent not
				required.
Except as provided in subrules 41.622(3) and 41.622(4),
				parental consent is not required before personally identifiable information is
				released to officials of participating agencies for purposes of meeting a
				requirement of this chapter.
(3)
Parental consent required related to transition.
Parental
				consent, or the consent of an eligible child who has reached the age of
				majority under state law, must be obtained before personally identifiable
				information is released to officials of participating agencies providing or
				paying for transition services in accordance with paragraph
				41.321(2)
"c."
(4)
Parental consent required relating to students enrolled in certain
				private schools.
If a child is enrolled or is going to enroll in a
				private school that is not located in the LEA and AEA of the parent's
				residence, parental consent must be obtained before any personally identifiable
				information about the child is released between officials in the LEA and AEA
				where the private school is located and officials in the LEA and AEA of the
				parent's residence.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.623 - Safeguards

Current through Register Vol. 47, No. 3, July 24, 2024
Each participating agency must protect the confidentiality of
				  personally identifiable information at collection, storage, disclosure, and
				  destruction stages. One official at each participating agency must assume
				  responsibility for ensuring the confidentiality of any personally identifiable
				  information. All persons collecting or using personally identifiable
				  information must receive training or instruction regarding the state's policies
				  and procedures under rule
				  281-41.123 (256B, 34CFR300) and
				  34 CFR Part 99 . Each participating agency must maintain, for public
				  inspection, a current listing of the names and positions of those employees
				  within the agency who may have access to personally identifiable
				  information.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.624 - Destruction of Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Parents
				to be informed when information no longer required.
The public agency
				must inform parents when personally identifiable information collected,
				maintained, or used under Part B of the Act or this chapter is no longer needed
				to provide educational services to the child.
(2)
Mandatory and permissive
				destruction of information.
The information must be destroyed at the
				request of the parents. However, a permanent record of a student's name,
				address, and telephone number, his or her grades, attendance record, classes
				attended, grade level completed, and year completed may be maintained without
				time limitation. This permanent record must contain the information required by
				rule 281-12.3 (256).
(3)
Rule of construction-no longer
				needed to provide educational services to the child.
For purposes of
				this rule, "no longer needed to provide educational services" means that a
				record is no longer relevant to the provision of instructional, support, or
				related services and it is no longer needed for accountability and audit
				purposes. At a minimum, a record needed for accountability and audit purposes
				must be retained for five years after completion of the activity for which
				funds were used.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.625 - Children's Rights

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state must have in effect policies and procedures
				regarding the extent to which children are afforded rights of privacy similar
				to those afforded to parents, taking into consideration the age of the child
				and type or severity of disability.
(2)
Transfer of rights under
				FERPA.
Under the regulations for FERPA in
				34 CFR
				99.5(a), the rights of
				parents regarding education records are transferred to the student at the age
				of 18.
(3)
Transfer of
				rights under Part B of the Act.
If the rights accorded to parents
				under Part B of the Act are transferred to a student who reaches the age of
				majority, consistent with rule
				281-41.520 (256B, 34CFR300),
				the rights regarding educational records in rules
				281-41.613 (256B,34CFR300) to
				281-41.624(256B,34CFR300) must also be transferred to the student. However, the
				public agency must provide any notice required under Section 615 of the Act to
				the student and the parents.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.626 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
The state must have in effect policies and procedures,
				  including sanctions that the state uses, to ensure that its policies and
				  procedures consistent with rules
				  281-41.611 (256B, 34CFR300) to
				  281-41.625 (256B, 34CFR300) are
				  followed and that the requirements of the Act and the rules in this chapter are
				  met.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.640 - Annual Report of Children Served-report Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
The SEA must annually report to the Secretary on the
				  information required by Section 618 of the Act at the times specified by the
				  Secretary, and on forms provided by the Secretary.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.641 - Annual Report of Children Served-information Required in the Report

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Date of
				count.
For purposes of the annual report required by Section 618 of
				the Act and rule 281-41.640(256B, 34CFR300), the state and the Secretary of
				the Interior must count and report the number of children with disabilities
				receiving special education and related services on any date between October 1
				and December 1 of each year.
(2)
Child's age.
For the purpose of this reporting provision, a
				child's age is the child's actual age on the date of the child count.
(3)
Count each child under only one
				disability category.
The SEA may not report a child under more than
				one disability category.
(4)
Child with more than one disability.
If a child with a
				disability has more than one disability, the SEA must report that child in
				accordance with the following procedure:
a. If
				a child has only two disabilities and those disabilities are deafness and
				blindness, and the child is not reported as having a developmental delay, that
				child must be reported under the category "deaf-blindness."
b. A child who has more than one disability
				and is not reported as having deaf-blindness or as having a developmental delay
				must be reported under the category "multiple disabilities."
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.642 - Data Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Protection of personally identifiable data.
The data described
				in Section 618(a) of the Act and in rule
				281-41.641 (256B, 34CFR300)
				must be publicly reported by each state in a manner that does not result in
				disclosure of data identifiable to individual children.
(2)
Sampling permitted.
The
				Secretary permits the SEA to obtain data in Section 618(a) of the Act through
				sampling.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.643 - Annual Report of Children Served-certification

Current through Register Vol. 47, No. 3, July 24, 2024
The SEA must include in its report a certification signed by
				  an authorized official of the agency that the information provided under rule
				  281-41.640 (256B, 34CFR300) is
				  an accurate and unduplicated count of children with disabilities receiving
				  special education and related services on the dates in
				  question.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.644 - Annual Report of Children Served-criteria for Counting Children

Current through Register Vol. 47, No. 3, July 24, 2024
The SEA may include in its report children with disabilities
				  who are enrolled in a school or program that is operated or supported by a
				  public agency, and that provides them with both special education and related
				  services that meet state standards; provides them only with special education,
				  if a related service is not required, that meets state standards; or, in the
				  case of children with disabilities enrolled by their parents in private
				  schools, counts those children who are eligible under the Act and receive
				  special education or related services or both that meet state standards under
				  rules 281-41.132 (256,256B, 34CFR300)
				  to 281-41.144 (256,256B, 34CFR300
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.645 - Annual Report of Children Served-other Responsibilities of the Sea

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to meeting the other requirements of rules
				  281-41.640 (256B, 34CFR300) to
				  281-41.644 (256B, 34CFR300),
				  the SEA must establish procedures to be used by LEAs and other educational
				  institutions in counting the number of children with disabilities receiving
				  special education and related services; set dates by which those agencies and
				  institutions must report to the SEA to ensure that the state complies with rule
				  281-41.640 (256B, 34CFR300);
				  obtain certification from each agency and institution that an unduplicated and
				  accurate count has been made; aggregate the data from the count obtained from
				  each agency and institution, and prepare the reports required under rules
				  281-41.640 (256B, 34CFR300) to
				  281-41.644 (256B, 34CFR300);
				  and ensure that documentation is maintained that enables the state and the
				  Secretary to audit the accuracy of the count.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.646 - Disproportionality

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Using the methodology required by rule
				281-41.647 (256B, 34CFR300),
				the state shall collect and examine data to determine if significant
				disproportionality based on race and ethnicity is occurring in the state and
				the LEAs of the state with respect to the following:
a. The identification of children as children
				with disabilities, including the identification of children as children with
				disabilities in accordance with a particular impairment described in Section
				602(3) of the Act;
b. The placement
				in particular educational settings of these children; and
c. The incidence, duration, and type of
				disciplinary actions, including suspensions and expulsions.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.647 - Determining Significant Disproportionality

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
"Alternate risk ratio"
is a calculation
				  performed by dividing the risk of a particular outcome for children in one
				  racial or ethnic group within an LEA by the risk of that outcome for children
				  in all other racial or ethnic groups in the state.
"Comparison group"
consists of the children
				  in all other racial or ethnic groups within an LEA or within the state, when
				  reviewing a particular racial or ethnic group within an LEA for significant
				  disproportionality.
"Minimum cell size"
is the minimum number of
				  children experiencing a particular outcome, to be used as the numerator when
				  calculating either the risk for a particular racial or ethnic group or the risk
				  for children in all other racial or ethnic groups.
"Minimum n-size"
is the minimum number of
				  children enrolled in an LEA with respect to identification, and the minimum
				  number of children with disabilities enrolled in an LEA with respect to
				  placement and discipline, to be used as the denominator when calculating either
				  the risk for a particular racial or ethnic group or the risk for children in
				  all other racial or ethnic groups.
"Risk"
is the likelihood of a particular
				  outcome (identification, placement, or disciplinary removal) for a specified
				  racial or ethnic group (or groups), calculated by dividing the number of
				  children from a specified racial or ethnic group (or groups) experiencing that
				  outcome by the total number of children from that racial or ethnic group or
				  groups enrolled in the LEA.
"Risk ratio"
is a calculation performed by
				  dividing the risk of a particular outcome for children in one racial or ethnic
				  group within an LEA by the risk for children in all other racial and ethnic
				  groups within the LEA.
"Risk ratio threshold"
is a threshold,
				  determined by the state, over which disproportionality based on race or
				  ethnicity is significant under subrule 41.646(1).
(2)
Significant disproportionality
				determinations.
In determining whether significant disproportionality
				exists in the state or LEA under subrule 41.646(1), the state must do all of
				the following:
a.
General.
The state must set a:
(1) Reasonable risk
				ratio threshold;
(2) Reasonable
				minimum cell size;
(3) Reasonable
				minimum n-size; and
(4) Standard
				for measuring reasonable progress if the state uses the flexibility described
				in paragraph 41.647(4)
"b."
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.800 - General Rule

Current through Register Vol. 47, No. 3, July 24, 2024
The Secretary provides grants under Section 619 of the Act to
				  assist states to provide special education and related services in accordance
				  with Part B of the Act to children with disabilities aged three through five
				  years; and, at a state's discretion, to two-year-old children with disabilities
				  who will turn three during the school year.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.804 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
A state is eligible for a grant under Section 619 of the Act
				  if the state is eligible under Section 612 of the Act to receive a grant under
				  Part B of the Act and makes FAPE available to all children with disabilities,
				  aged three through five, residing in the state.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.806 - Eligibility for Financial Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
No state or LEA, or other public institution or agency, may
				  receive a grant or enter into a contract or cooperative agreement under Subpart
				  2 or 3 of Part D of the Act that relates exclusively to programs, projects, and
				  activities pertaining to children aged three through five years, unless the
				  state is eligible to receive a grant under Section 619(b) of the
				  Act.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.813 - State Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
For the purpose of administering Section 619 of the
				Act, including the coordination of activities under Part B of the Act with and
				providing technical assistance to other programs that provide services to
				children with disabilities, the state may use not more than 20 percent of the
				maximum amount the state may reserve under rule
				281-41.812 (256B, 34CFR300) for
				any fiscal year.
(2)
Use
				for administering Part C.
Funds described in subrule 41.813(1) may
				also be used for the administration of Part C of the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.814 - Other State-level Activities

Current through Register Vol. 47, No. 3, July 24, 2024
The state must use any funds the state reserves under rule
				  281-41.812 (256B, 34CFR300) and
				  does not use for administration under rule
				  281-41.813 (256B, 34CFR300) for
				  other state-level activities, consistent with
				  34 CFR Section
				  300.814.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.816 - Allocations to Aeas

Current through Register Vol. 47, No. 3, July 24, 2024
The state must allocate to AEAs the amount described in rule
				  281-41.815 (256B, 34CFR300),
				  consistent with 34 CFR
				  Section 300.816.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.817 - Reallocation of Aea Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The state shall reallocate AEA funds under conditions listed
				  and in a manner specified by 34 CFR Section
				  300.817.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.818 - Part C of the Act Inapplicable

Current through Register Vol. 47, No. 3, July 24, 2024
Part C of the Act does not apply to any child with a
				  disability receiving FAPE, in accordance with Part B of the Act, with funds
				  received under Section 619 of the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.901 - Records and Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Each agency shall maintain sufficient records and reports for
				  audit by the department. Records and reports shall include at a minimum:
				  licensure (certification) and endorsements or recognition requirements for all
				  special education personnel under rules
				  281-41.401 (256B, 34CFR300) to
				  281-41.403 (256B); all IEP and
				  IFSP meetings and three-year reevaluations for each eligible individual; and
				  data required for federal and state reporting.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.902 - Audit

Current through Register Vol. 47, No. 3, July 24, 2024
The department reserves the right to audit the records of any
				  agency providing special education for eligible individuals and utilizing funds
				  generated under Iowa Code chapters 256B, 273 and 282.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.903 - Contractual Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Any special education instructional program not
				provided directly by an LEA or any special education support service not
				provided by an AEA can only be provided through a contractual agreement. The
				board shall approve contractual agreements for AEA-operated special education
				instructional programs and contractual agreements permitting special education
				support services to be provided by agencies other than the AEA.
(2)
Specific requirements.
Each agency contracting with other agencies to provide special education and
				related services for individuals or groups of individuals maintain
				responsibility for individuals receiving such special education and related
				services by:
a. Ensuring that all the
				requirements related to the development of each eligible individual's IEP are
				met.
b. Requiring and reviewing
				periodic progress reports to ensure the adequacy and appropriateness of the
				special education and related services provided.
c. Conditioning payments on delivery of
				special education and related services in accordance with the eligible
				individual's IEP and in compliance with these rules.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.904 - Research and Demonstration Projects and Models for Special Education Program Development

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for aid, whether provided directly from state or
				  federal funds, for special education research and demonstration projects and
				  models for program development shall be submitted to the
				  department.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.906 - Extended School Year Services

Current through Register Vol. 47, No. 3, July 24, 2024
Approved extended school year programs for special education
				  support services, when provided by the AEA for eligible individuals, will be
				  funded through procedures as provided for special education support services.
				  Approved extended school year instructional programs will be funded through
				  procedures as provided for special education instructional
				  programs.