reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.328 - Alternative Means of Meeting Participation

Current through Register Vol. 47, No. 3, July 24, 2024
When conducting IEP team meetings and placement meetings
				  under this chapter and carrying out administrative matters under Section 615 of
				  the Act, such as scheduling, exchange of witness lists, and status conferences,
				  the parent of a child with a disability and a public agency may agree to use
				  alternative means of meeting participation, such as video conferences and
				  conference calls.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.329 - Family Support Mentoring Program

Current through Register Vol. 47, No. 3, July 24, 2024
If moneys are appropriated by the general assembly for a
				  fiscal year for the purpose provided in this rule, the department will develop
				  guidelines for a comprehensive family support mentoring program that meets the
				  language and communication needs of families, or implement them if guidelines
				  already exist. The department, in consultation with the Iowa school for the
				  deaf, will administer the family support mentoring program for deaf or
				  hard-of-hearing children.
(1)
General department powers.
In establishing the family support
				mentoring program, the department may do all of the following, either directly
				or through a contract or agreement:
a. Hire a
				family support mentoring coordinator.
b. Utilize the parent resource created in
				Iowa Code section 256B.10(2)  as
				well as other resources to provide families with information and guidance on
				language, communication, social, and emotional development of their
				child.
c. Recruit family support
				mentors to serve the needs of the family support mentoring program.
d. Train parents of a deaf or hard-of-hearing
				child to become family support mentors and train deaf or hard-of-hearing adults
				to become deaf or hard-of-hearing adult family support mentors.
e. Reach out to parents of children
				identified through the early hearing detection and intervention program in the
				Iowa department of health and human services and share information about the
				family support mentoring program services available to such parents.
f. Reach out to families referred by primary
				care providers, the area education agencies, and from other agencies that
				provide services to deaf or hard-of-hearing children.
g. Provide follow-up contact, as necessary,
				to establish services after initial referral.
h. Provide administrative oversight of any
				program established under this rule. Administrative oversight may include:
(1) Review of the qualifications of
				mentors;
(2) Alignment of family
				needs with paired mentors;
(3)
				Administration and analysis of satisfaction surveys; and
(4) Gathering demographic data of those
				served, such as ages and geographic location of children.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.400 - Shared Responsibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
It is the responsibility of each eligible
				individual's resident LEA to provide or make provision for appropriate special
				education and related services to meet the requirements of state and federal
				statutes and rules. This responsibility may be met by one or more of the
				following: by each LEA acting for itself, by action of two or more LEAs through
				the establishment and maintenance of joint programs, by the AEA, by contract
				for services from approved public or private agencies offering the appropriate
				special education and related services, or by any combination of these options.
				The AEA shall support and assist LEAs in meeting their responsibilities for
				providing appropriate special education and related services. Part B of the Act
				and this chapter are binding on each public agency that has direct or delegated
				authority to provide special education and related services regardless of
				whether that agency is receiving funds under Part B of the Act.
(2)
Shared responsibility between
				general education and special education.
General education and special
				education personnel share responsibility in providing appropriate educational
				programs for eligible individuals and in providing intervention and prevention
				services to individuals who are experiencing learning or adjustment
				problems.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.401 - Licensure (certification)

Current through Register Vol. 47, No. 3, July 24, 2024
Special education personnel shall meet the board of
				  educational examiners' licensure (certification) and endorsement or recognition
				  requirements for the position for which they are employed. In addition,
				  personnel providing special education and related services who do not hold
				  board of educational examiners' licensure (certification) or other recognition
				  required by its board, and who, by the nature of their work, are required to
				  hold a professional or occupational license, certificate or permit in order to
				  practice or perform the particular duties involved in this state shall be
				  required to hold a license, certificate, or permit.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.402 - Authorized Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
An agency is authorized to employ the following types of
				  special education personnel, as appropriate to the special education and
				  related services provided.
(1)
Director of special education.
The director shall be
				responsible for the implementation of special education for eligible
				individuals pursuant to Iowa Code section
				273.5 and these rules. The
				director's powers and duties shall include:
a.
				Properly identifying children requiring special education,
b. Ensuring that each child requiring special
				education in the area receives an appropriate special education program or
				service,
c. Assigning appropriate
				weights for each child requiring special education programs or services as
				provided in Iowa Code section
				256B.9,
d. Supervising special education support
				personnel,
e. Providing each school
				district within the area served and the department with a special education
				weighted enrollment count, including the additional enrollment because of
				special education by the date specified in the Iowa Code,
f. Submitting to the department special
				education instructional and support program plans and applications, subject to
				the criteria listed in Iowa Code chapters 256B and 273, for approval by the
				deadline specified in the Iowa Code,
g. Coordinating the special education program
				within the area served, and
h.
				Reporting any violation of the Act or this chapter to the department for
				appropriate action.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.403 - Paraprofessionals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Responsibilities.
Special education personnel may be employed
				to assist in the provision of special education and related services to
				children with disabilities and shall:
a.
				Complete appropriate preservice and ongoing staff development specific to the
				functions to be performed. The agency shall make provisions for or require such
				completion prior to the beginning of service wherever practicable and within a
				reasonable time of the beginning of service where the preentry completion is
				not practicable.
b. Work under the
				supervision of professional personnel who are appropriately authorized to
				provide direct services in the same area where the paraprofessional provides
				assistive services.
c. Not serve as
				a substitute for appropriately authorized professional
				personnel.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.404 - Policies and Procedures Required of All Public Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Policies.
Policies related to the provision of special
				education and related services shall be developed by each public agency and
				made available to the department upon request to include the following:
a. Policy to ensure the provision of a free
				appropriate public education.
b.
				Policy for the provision of special education and related services.
c. Policies to ensure the provision of
				special education and related services in the least restrictive
				environment.
d. Policy concerning
				the protection of confidentiality of personally identifiable
				information.
e. Policy concerning
				graduation requirements for eligible individuals.
f. Policy to ensure the participation of
				eligible individuals in districtwide assessment programs.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.406 - Additional Requirements of Leas

Current through Register Vol. 47, No. 3, July 24, 2024
The following provisions are applicable to each LEA that
				  provides special education and related services.
(1)
Policies.
Each LEA will
				develop written policies pertinent to the provision of special education and
				related services and make such policies available to the department upon
				request. At a minimum, such policies include those identified in subrule
				41.404(1).
(2)
Procedures.
Each LEA will develop written procedures pertinent
				to the provision of special education and related services and make such
				procedures available to the department upon request. At a minimum, such
				procedures include those identified in subrule 41.404(2).
(3)
Plans.
Districtwide
				plans required by the department or federal programs and regulations will
				address eligible individuals and describe the relationship to or involvement of
				special education services.
(4)
Nonpublic schools.
Each LEA shall provide special education
				and related services designed to meet the needs of nonpublic school students
				with disabilities residing in the jurisdiction of the agency in accordance with
				Iowa Code sections 256.12(2)  and
				273.2.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.407 - Additional Requirements of Aeas

Current through Register Vol. 47, No. 3, July 24, 2024
The following provisions are applicable to each AEA that
				  provides special education and related services.
(1)
Policies.
Each AEA will
				develop written policies pertinent to the provision of special education and
				related services and will make such policies available to the department upon
				request. At a minimum, such policies will include those identified in
				paragraphs 41.404(1)
"a"
to
"e"
and the
				following:
a. Policy regarding appointment of
				surrogate parents.
b. Policy
				regarding provision of and payment for independent educational
				evaluations.
c. Policy to ensure
				the goal of providing a full educational opportunity to all eligible
				individuals.
d. Policy addressing
				the methods of ensuring services to eligible individuals.
e. Child find policy that ensures that
				individuals with disabilities who are in need of special education and related
				services are identified, located and evaluated.
f. A policy that meets the requirements of
				these rules for evaluating and determining eligibility of students who require
				special education, including a description of the extent to which the AEA
				system uses categorical designations. While AEAs may identify students as
				eligible for special education without designating a specific disability
				category, it is recognized that in certain circumstances the identification of
				a specific disability may enhance the development and ongoing provision of an
				appropriate educational program.
g.
				Policy for the development, review and revision of IEPs.
h. Policy for transition from Part C to Part
				B.
i. Policy for provision of
				special education and related services to students in accredited, nonpublic
				schools.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.408 - Instructional Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Instructional services are the specially designed
				instruction and accommodations provided by special education instructional
				personnel to eligible individuals. These services are ordinarily provided by
				the LEA but, in limited circumstances, may be provided by another LEA, the AEA
				or another recognized agency through contractual agreement. An agency must use
				the procedure and criteria described in subrule 41.408(2) for creating a
				delivery system for instructional services.
(2)
Delivery system.
An
				agency shall use the following development process for creating a system for
				delivering instructional services.
a. The
				delivery system shall meet this chapter's requirements relating to a continuum
				of services and placements, address the needs of eligible individuals aged 3 to
				21, and provide for the following:
(1) The
				provision of accommodations and modifications to the general education
				environment and program, including settings and programs in which eligible
				individuals aged 3 through 5 receive specially designed instruction, including
				modification and adaptation of curriculum, instructional techniques and
				strategies, and instructional materials.
(2) The provision of specially designed
				instruction and related activities through cooperative efforts of special
				education teachers and general education teachers in the general education
				classroom.
(3) The provision of
				specially designed instruction on a limited basis by a special education
				teacher in the general classroom or in an environment other than the general
				classroom, including consultation with general education teachers.
(4) The provision of specially designed
				instruction to eligible individuals with similar special education
				instructional needs organized according to the type of curriculum and
				instruction to be provided, and the severity of the educational needs of the
				eligible individuals served.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.409 - Support Services

Current through Register Vol. 47, No. 3, July 24, 2024
Support services are the specially designed instruction and
				  activities that augment, supplement or support the educational program of
				  eligible individuals. These services include special education consultant
				  services, educational strategist services, audiology, occupational therapy,
				  physical therapy, school psychology, school social work services, special
				  education nursing services, and speech-language services. Support services are
				  usually provided by the AEA but may be provided by contractual agreement,
				  subject to the approval of the board, by another qualified
				  agency.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.410 - Itinerant Services

Current through Register Vol. 47, No. 3, July 24, 2024
Special education may be provided to eligible individuals on
				  an itinerant basis.
(1)
School
				based.
Special education may be provided on an itinerant basis
				whenever the number, age, severity, or location of eligible individuals to be
				served does not justify the provision of professional personnel on a full-time
				basis to an attendance center. These services are usually provided by the AEA
				but may be provided by contractual agreement, subject to the approval of the
				AEA board, by the LEA or another qualified agency.
(2)
Home service or hospital
				service.
Special education shall be provided to eligible individuals
				whose condition precludes their participation in the general and special
				education provided in schools or related facilities. Home or hospital
				instructional services shall in ordinary circumstances be provided by the LEA
				but may be provided by contractual agreement, subject to the approval of the
				LEA board, by the AEA or another qualified agency. Home or hospital support or
				related services are usually provided by the AEA but may be provided by
				contractual agreement, subject to the approval of the AEA board, by the LEA or
				another qualified agency. The provision of services in a home or hospital
				setting shall satisfy the following:
a. The
				service and the location of the service shall be specified in the individual's
				IEP.
b. The status of these
				individuals shall be periodically reviewed to substantiate the continuing need
				for and the appropriateness of the service.
c. Procedural safeguards shall be afforded to
				individuals receiving special education through itinerant services in a home or
				hospital setting. A need for itinerant services in a home or hospital setting
				must be determined at a meeting to develop or revise the individual's IEP, and
				parents must give consent or be given notice, as appropriate.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.411 - Related Services, Supplementary Aids and Services

Current through Register Vol. 47, No. 3, July 24, 2024
Related services and supplementary aids and services shall be
				  provided to an eligible individual in accordance with an IEP. Such services
				  that are also support services under rule
				  281-41.409 (256B, 34CFR300) are
				  usually provided by the AEA but may be provided by contractual agreement,
				  subject to the approval of the board, by another qualified agency. Other such
				  services are usually provided by the LEA but may be provided by contractual
				  agreement, subject to the approval of the board, by another qualified
				  agency.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.412 - Transportation

Current through Register Vol. 47, No. 3, July 24, 2024
Transportation of eligible individuals shall generally be
				  provided as for other individuals, when appropriate. Specialized transportation
				  of an eligible individual to and from a special education instructional service
				  is a function of that service and, therefore, an appropriate expenditure of
				  special education instructional funds generated through the weighting plan.
				  Transportation includes travel to and from school and between schools; travel
				  in and around school buildings; and specialized equipment, such as special or
				  adapted buses, lifts, and ramps, if required to provide special transportation
				  for a child with a disability.
(1)
Special arrangements.
Transportation of an eligible individual
				to and from a special education support service is a function of that service,
				shall be specified in the IEP, and be considered an appropriate expenditure of
				funds generated for special education support services. When, because of an
				eligible individual's educational needs or because of the location of the
				program, the IEP team determines that unique transportation arrangements are
				required and the arrangements are specified in the IEP, the resident LEA shall
				be required to provide one or more of the following transportation arrangements
				for instructional services and the AEA for support services:
a. Transportation from the eligible
				individual's residence to the location of the special education services and
				back to the individual's residence, or child care placement for eligible
				individuals below the age of six.
b. Special assistance or adaptations in
				getting the eligible individual to and from and on and off the vehicle, en
				route to and from the special education services.
c. Reimbursement of the actual costs of
				transportation when by mutual agreement the parents provide transportation for
				the eligible individual to and from the special education services.
d. Agencies are not required to provide
				reimbursement to parents who elect to provide transportation in lieu of
				agency-provided transportation.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.413 - Additional Rules Relating to Accredited Nonpublic Schools

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
State
				and local funds under Iowa Code section
				256.12.
State and local
				funds expended to provide special education and related services to eligible
				individuals who receive special education and related services in accredited
				nonpublic schools under Iowa Code section
				256.12 must be expended on
				services, including materials and equipment, that are secular, neutral, and
				nonideological and, unless a provision of Iowa Code section
				256.12 specifically requires the
				contrary, are subject to the restrictions contained in rules
				281-41.138 (256,256B, 34CFR300)
				to 281-41.144 (256,256B, 34CFR300
				).
(2)
Placements by public
				agencies.
State and local funds expended to provide special education
				and related services to eligible individuals who receive special education and
				related services in accredited nonpublic schools pursuant to a placement made
				or referred by a public agency pursuant to rules 281-41.145(256B, 34CFR300) to
				281-41.147 (256B, 34CFR300)
				must be expended on services, including materials and equipment, that are
				secular, neutral, and nonideological and, unless a provision of law
				specifically requires the contrary, are subject to the restrictions contained
				in rules 281-41.138(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 281-41.500 - Responsibility of Sea and Other Public Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall ensure that each public agency
				  establishes, maintains, and implements procedural safeguards that meet the
				  requirements of rules
				  281-41.500 (256B, 34CFR300) to
				  281-41.536 (256B, 34CFR300
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.501 - Opportunity to Examine Records; Parent Participation in Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Opportunity to examine records.
The parents of a child with a
				disability must be afforded, in accordance with the procedures of rules
				281-41.613 (256B, 34CFR300) to
				281-41.621(256B, 34CFR300), an opportunity to inspect and review all education
				records with respect to:
a. The
				identification, evaluation, and educational placement of the child;
				and
b. The provision of FAPE to the
				child.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.502 - Independent Educational Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
a. The parents of a
				child with a disability have the right to obtain an independent educational
				evaluation of the child, subject to subrules 41.502(2) to 41.502(5).
b. Each public agency must provide to
				parents, upon request for an independent educational evaluation, information
				about where an independent educational evaluation may be obtained and the
				agency criteria applicable for independent educational evaluations as set forth
				in subrule 41.502(5).
c. For the
				purposes of this division:
(1) "Independent
				educational evaluation" means an evaluation conducted by a qualified examiner
				who is not employed by the public agency responsible for the education of the
				child in question; and
(2) "Public
				expense" means that the AEA either pays for the full cost of the evaluation or
				ensures that the evaluation is otherwise provided at no cost to the parent.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.503 - Prior Notice by the Public Agency; Content of Notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice.
Written notice that meets the requirements of subrule
				41.503(2) must be given to the parents of a child with a disability within a
				reasonable time before the public agency:
a.
				Proposes to initiate or change the identification, evaluation, or educational
				placement of the child or the provision of FAPE to the child; or
b. Refuses to initiate or change the
				identification, evaluation, or educational placement of the child or the
				provision of FAPE to the child.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.504 - Procedural Safeguards Notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
A copy of the procedural safeguards available to the
				parents of a child with a disability must be given to the parents only once a
				school year, except that a copy also must be given to the parents as follows:
a. Upon initial referral or parent request
				for evaluation;
b. Upon receipt of
				the first state complaint under rules
				281-41.151 (256B, 34CFR300) to
				281-41.153(256B, 34CFR300) and upon receipt of the first due process complaint
				under rule 281-41.507 (256B, 34CFR300) ina
				school year;
c. In accordance with
				the discipline procedures in subrule 41.530(8); and
d. Upon request by a parent.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.506 - Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each public agency must ensure that procedures are
				established and implemented to allow parties involved in disputes relating to
				any matter under this chapter, including matters arising prior to the filing of
				a due process complaint, to resolve disputes through a mediation
				process.
(2)
Requirements.
The procedures must meet the following
				requirements:
a. The procedures must ensure
				that the mediation process:
(1) Is voluntary
				on the part of the parties;
(2) Is
				not used to deny or delay a parent's right to a hearing on the parent's due
				process complaint, or to deny any other rights afforded under Part B of the
				Act; and
(3) Is conducted by a
				qualified and impartial mediator who is trained in effective mediation
				techniques.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.507 - Filing a Due Process Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
a. Subject matter
				of due process complaint. A parent or a public agency may file a due process
				complaint on any of the matters described in subrule 41.503(1) relating to the
				identification, evaluation or educational placement of a child with a
				disability, or the provision of FAPE to the child.
b. The due process complaint must allege a
				violation that occurred not more than two years before the date the parent or
				public agency knew or should have known about the alleged action that forms the
				basis of the due process complaint, except that the exceptions to the timeline
				described in subrule 41.511(6) apply to the timeline in this rule.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.508 - Due Process Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
A due process complaint shall be provided to the
				department, and a copy shall be provided to each party to the
				complaint.
(2)
Content of
				complaint.
The due process complaint required in subrule 41.508(1)
				must include the following information:
a.
				The name of the child;
b. The
				address of the residence of the child;
c. The name of the school the child is
				attending;
d. In the case of a
				homeless child or youth within the meaning of Section 725(2) of the
				McKinney-Vento Homeless Assistance Act,
				42 U.S.C.
				11434a(2), available contact
				information for the child and the name of the school the child is
				attending;
e. A description of the
				nature of the problem of the child relating to the proposed or refused
				initiation or change, including facts relating to the problem; and
f. A proposed resolution of the problem to
				the extent known and available to the party at the time.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.509 - Model Forms

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Forms
				available.
The department shall develop model forms to assist parents
				and public agencies in filing a due process complaint and to assist parents and
				other parties in filing a state complaint; however, the department or LEA may
				not require the use of the model forms.
(2)
Use of forms.
Parents,
				public agencies, and other parties may use the appropriate model form described
				in subrule 41.509(1), or another form or other document, so long as the form or
				document that is used meets, as appropriate, the content requirements in
				subrule 41.508(2) for filing a due process complaint or the requirements in
				subrule 41.153(2) for filing a state complaint.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.510 - Resolution Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Resolution meeting.
a.
General.
Within 15 days of receiving notice of the parent's
				due process complaint and prior to the initiation of a due process hearing, the
				LEA must convene a meeting with the parent and the relevant member or members
				of the IEP team who have specific knowledge of the facts identified in the due
				process complaint that:
(1) Includes a
				representative of the public agency who has decision-making authority on behalf
				of that agency; and
(2) May not
				include an attorney of the LEA unless the parent is accompanied by an
				attorney.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.511 - Impartial Due Process Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Whenever a due process complaint is received under
				this division, the parents or the LEA involved in the dispute must have an
				opportunity for an impartial due process hearing, consistent with the
				procedures in this chapter.
(2)
SEA responsible for conducting the due process hearing.
The
				hearing described in subrule 41.511(1) must be conducted by the
				department.
(3)
Administrative law judge.
a.
Minimum qualifications.
At a minimum, an administrative law
				judge:
(1) Must not be an employee of the SEA
				or the LEA that is involved in the education or care of the child or a person
				having a personal or professional interest that conflicts with the person's
				objectivity in the hearing;
(2)
				Must possess knowledge of, and the ability to understand, the provisions of the
				Act, federal and state regulations pertaining to the Act, and legal
				interpretations of the Act by federal and state courts;
(3) Must possess the knowledge and ability to
				conduct hearings in accordance with appropriate, standard legal practice;
				and
(4) Must possess the knowledge
				and ability to render and write decisions in accordance with appropriate,
				standard legal practice.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.512 - Hearing Rights

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Any party to a hearing conducted pursuant to the
				rules of this division and Division XII has the right to:
a. Be accompanied and advised by counsel and
				by individuals with special knowledge or training with respect to the problems
				of children with disabilities;
b.
				Present evidence and confront, cross-examine, and compel the attendance of
				witnesses;
c. Prohibit the
				introduction of any evidence at the hearing that has not been disclosed to that
				party at least five business days before the hearing;
d. Obtain a written or, at the option of the
				parents, electronic, verbatim record of the hearing; and
e. Obtain written or, at the option of the
				parents, electronic findings of fact and decisions.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.513 - Hearing Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Decision of administrative law judge on the provision of FAPE.
a. Subject to paragraph
				41.513(1)
"b,"
an administrative law judge's determination of
				whether a child received FAPE must be based on substantive grounds.
b. In matters alleging a procedural
				violation, an administrative law judge may find that a child did not receive
				FAPE only if the procedural inadequacies:
(1)
				Impeded the child's right to FAPE;
(2) Significantly impeded the parent's
				opportunity to participate in the decision-making process regarding the
				provision of FAPE to the parent's child; or
(3) Caused a deprivation of educational
				benefit.
c. Nothing in
				this subrule shall be construed to preclude an administrative law judge from
				ordering an LEA to comply with procedural requirements under this division.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.514 - Finality of Decision

Current through Register Vol. 47, No. 3, July 24, 2024
A decision made in a hearing conducted pursuant to this
				  division is final, except that any party involved in the hearing may appeal the
				  decision by filing a civil action in state or federal court.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.515 - Timelines and Convenience of Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Timeline.
The public agency must ensure that not later than 45
				days after the expiration of the 30-day period under subrule 41.510(2) or the
				adjusted time periods described in subrule 41.510(3):
a. A final decision is reached in the
				hearing; and
b. A copy of the
				decision is mailed to each of the parties.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.516 - Civil Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Any party aggrieved by the findings and decision made
				under this division has the right to bring a civil action with respect to the
				due process complaint notice requesting a due process hearing under this
				division. The action may be brought in any state court of competent
				jurisdiction or in a district court of the United States without regard to the
				amount in controversy.
(2)
Time limitation.
The party bringing the action shall have 90
				days from the date of the decision of the administrative law judge to file a
				civil action.
(3)
Additional
				requirements.
In any action brought under subrule 41.516(1), the
				court:
a. Receives the records of the
				administrative proceedings;
b.
				Hears additional evidence at the request of a party; and
c. Basing its decision on the preponderance
				of the evidence, grants the relief that the court determines to be appropriate.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.517 - Attorneys' Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
In any action or proceeding brought under Section 615
				of the Act, the court, in its discretion, may award reasonable attorneys' fees
				as part of the costs to any of the following:
a. The prevailing party who is the parent of
				a child with a disability;
b. To a
				prevailing party who is an SEA or LEA against the attorney of a parent who
				files a complaint or subsequent cause of action that is frivolous,
				unreasonable, or without foundation, or against the attorney of a parent who
				continued to litigate after the litigation clearly became frivolous,
				unreasonable, or without foundation; or
c. To a prevailing SEA or LEA against the
				attorney of a parent, or against the parent, if the parent's request for a due
				process hearing or subsequent cause of action was presented for any improper
				purpose, such as to harass, to cause unnecessary delay, or to needlessly
				increase the cost of litigation.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.518 - Child's Status During Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Except as provided in rule
				281-41.533 (256B, 34CFR300),
				during the pendency of any administrative or judicial proceeding regarding a
				due process complaint notice requesting a due process hearing under rule
				281-41.507(256B, 34CFR300), unless the state or local agency and the parents
				of the child agree otherwise, the child involved in the complaint must remain
				in his or her current educational placement.
(2)
Initial admission to public
				school.
If the complaint involves an application for initial admission
				to public school, the child, with the consent of the parents, must be placed in
				the public school until the completion of all the proceedings.
(3)
Transition from Part C to Part
				B.
If the complaint involves an application for initial services under
				this chapter from a child who is transitioning from Part C of the Act to Part B
				and is no longer eligible for Part C services because the child has reached the
				age of three, the public agency is not required to provide the Part C services
				that the child had been receiving. If the child is found eligible for special
				education and related services under Part B and the parent consents to the
				initial provision of special education and related services under subrule
				41.300(2), then the public agency must provide those special education and
				related services that are not in dispute between the parent and the public
				agency.
(4)
Administrative
				law judge decision.
If the administrative law judge in a due process
				hearing conducted by the SEA agrees with the child's parents that a change of
				placement is appropriate, that placement must be treated as an agreement
				between the state and the parents for purposes of subrule 41.518(1).
(5)
Mediation requested prior to the
				filing of a due process complaint.
Except as provided in rule
				281-41.533(256B, 34CFR300), during the pendency of any request for mediation
				filed prior to or in lieu of a due process complaint under rule
				281-41.506(256B, 34CFR300) and for ten days after any such mediation
				conference at which no agreement is reached, unless the state or local agency
				and the parents of the child agree otherwise, the child involved in any such
				mediation conference must remain in his or her current educational
				placement.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.519 - Surrogate Parents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each public agency must ensure that the rights of a
				child are protected when:
a. No parent as
				defined in rule 281-41.30 (256B, 34CFR300) can
				be identified;
b. The public
				agency, after reasonable efforts, cannot locate a parent;
c. The child is a ward of the state under the
				laws of the state; or
d. The child
				is an unaccompanied homeless youth as defined in Section 725(6) of the
				McKinney-Vento Homeless Assistance Act (42 U.S.C.
				11434a(6)).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.520 - Transfer of Parental Rights at Age of Majority

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state provides, when a child with a disability
				(except for a child with a disability who has been determined to be incompetent
				under state law) reaches the age of majority under Iowa Code section
				599.1, all of the following:
a.
General rule.
(1) The public agency must provide any notice
				required by this chapter to both the child and the parents; and
(2) All rights accorded to parents under Part
				B of the Act transfer to the child.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.530 - Authority of School Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Case-by-case determination.
School personnel may consider any
				unique circumstances on a case-by-case basis when determining whether a change
				in placement, consistent with the other requirements of this rule, is
				appropriate for a child with a disability who violates a code of student
				conduct.
(2)
General.
a. School personnel
				under this rule may remove a child with a disability who violates a code of
				student conduct from his or her current placement to an appropriate interim
				alternative educational setting, another setting, or suspension, for not more
				than ten consecutive school days, to the extent those alternatives are applied
				to children without disabilities, and for additional removals of not more than
				ten consecutive school days in that same school year for separate incidents of
				misconduct, as long as those removals do not constitute a change of placement
				under rule 281-41.536 (256B, 34CFR300
				).
b. After a child with a
				disability has been removed from his or her current placement for ten school
				days in the same school year, during any subsequent days of removal the public
				agency must provide services to the extent required under subrule
				41.530(4).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.531 - Determination of Setting

Current through Register Vol. 47, No. 3, July 24, 2024
The child's IEP team determines the interim alternative
				  educational setting for services under subrule 41.530(3), paragraph
				  41.530(4)
"e,"
and subrule 41.530(7).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.532 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The parent of a child with a disability who disagrees
				with any decision regarding placement under rules
				281-41.530 (256B, 34CFR300) and
				281-41.531 (256B, 34CFR300), or
				the manifestation determination under subrule 41.530(5), or an LEA that
				believes that maintaining the current placement of the child is substantially
				likely to result in injury to the child or others, may appeal the decision by
				requesting a hearing. The hearing is requested by filing a complaint pursuant
				to rule 281-41.507 (256B, 34CFR300) and
				subrules 41.508(1) and 41.508(2).
(2)
Authority of administrative law
				judge.
a. An administrative law
				judge under rule 281-41.511(256B, 34CFR300) hears and makes a determination
				regarding an appeal under subrule 41.532(1).
b. In making the determination under subrule
				41.532(1), the administrative law judge may do either of the following:
(1) Return the child with a disability to the
				placement from which the child was removed if the administrative law judge
				determines that the removal was a violation of rule
				281-41.530 (256B, 34CFR300) or
				that the child's behavior was a manifestation of the child's disability;
				or
(2) Order a change of placement
				of the child with a disability to an appropriate interim alternative
				educational setting for not more than 45 school days if the administrative law
				judge determines that maintaining the current placement of the child is
				substantially likely to result in injury to the child or to others.
c. The procedures under subrule
				41.532(1) and paragraphs 41.532(2)
"a"
and
"b"
may be repeated, if the LEA believes that returning the child to the original
				placement is substantially likely to result in injury to the child or to
				others.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.533 - Placement During Appeals and Mediations

Current through Register Vol. 47, No. 3, July 24, 2024
When an appeal under rule
				  281-41.532 (256B, 34CFR300) or
				  a request for mediation under rules
				  281-41.506 (256B, 34CFR300) and
				  281-41.1002 (256B, 34CFR300)
				  has been made by either the parent or the LEA, the child must remain in the
				  interim alternative educational setting pending the decision of the
				  administrative law judge or until the expiration of the time period specified
				  in subrule 41.530(3) or 41.530(7), whichever occurs first, unless the parent
				  and the SEA or LEA agree otherwise.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.534 - Protections for Children Not Determined Eligible for Special Education and Related Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
A child who has not been determined to be eligible
				for special education and related services under this chapter and who has
				engaged in behavior that violated a code of student conduct may assert any of
				the protections provided for in this chapter if the public agency had
				knowledge, as determined in accordance with subrule 41.534(2), that the child
				was a child with a disability before the behavior that precipitated the
				disciplinary action occurred.
(2)
Basis of knowledge.
A public agency must be deemed to have
				knowledge that a child is a child with a disability if before the behavior that
				precipitated the disciplinary action occurred any of the following occurred:
a. The parent of the child expressed concern
				in writing to supervisory or administrative personnel of the appropriate
				educational agency or to a teacher of the child that the child is in need of
				special education and related services;
b. The parent of the child requested an
				evaluation of the child pursuant to this chapter; or
c. The teacher of the child, or other
				personnel of the LEA, expressed specific concerns about a pattern of behavior
				demonstrated by the child directly to the director of special education of the
				agency or to other supervisory personnel of the agency.