Iowa Administrative Code › Agency 281 - Education Department › Title V - Nontraditional Students › Chapter 31 - Private Instruction and Dual Enrollment › Rule 281-31.10 - Special Education Students

Current through Register Vol. 47, No. 3, July 24, 2024
Any duty to attempt to find and to offer to evaluate all
				  children who may require special education includes children in private
				  instruction. When there is evidence that a child receiving private instruction
				  may be eligible for special education under 281-Chapter 41, parental consent to
				  evaluate will be sought. Parents may decline consent to evaluate, and public
				  agencies are not required to use the procedural safeguards of 281-Chapter 41 to
				  obtain an evaluation.
When a child has been identified as currently requiring
				  special education, the child is eligible to receive competent private
				  instruction with the written approval of the director of special education of
				  the area education agency of the child's district of residence unless the
				  child's parent declines consent to continued services or refuses consent to a
				  periodic reevaluation.
The director of special education of each area education
				  agency shall issue a written decision, approving provision of competent private
				  instruction, conditioning approval on modification of the proposed program, or
				  denying approval, based upon the appropriateness of the proposed competent
				  private instruction program for the child requiring special education,
				  considering the child's individual disability. Pursuant to 34 CFR Section
				  300.300, the parent, guardian, or legal or actual custodian of a child with a
				  disability is not required to seek approval from the area education agency to
				  provide competent private instruction for the child if the parent, guardian, or
				  legal or actual custodian does not consent to initial evaluation or to
				  reevaluation of the child for receipt of special education services or
				  programs.
The request for approval for placement under competent
				  private instruction by the parent, guardian, or legal or actual custodian may
				  be presented to the special education director at any time during the calendar
				  year. If the special education director denies approval or if no written
				  decision has been rendered within 30 calendar days, that decision or the
				  absence thereof is subject to review by an impartial administrative law judge
				  under provisions of 20 U.S.C. Section 1401 et seq., federal regulations adopted
				  thereunder, and Iowa Code section
				  256B.6
				  and rules adopted thereunder found at
				  281-41.500
				  (256B, 34CFR300) et seq.
If a parent, guardian, or legal or actual custodian of a
				  child requiring special education provides competent private instruction
				  without the approval of the director of special education, the director may
				  either request an impartial hearing before an administrative law judge under
				  the rules of special education,
				  281-41.500
				  (256B, 34CFR300) et seq., or notify the secretary of the child's district of
				  residence for referral of the matter to the county attorney pursuant to Iowa
				  Code section
				  256B.6,
				  incorporating Iowa Code chapter 299, unless the parent, guardian, or legal or
				  actual custodian does not consent to initial evaluation or to reevaluation of
				  the child for receipt of special education services or programs.
A program of competent private instruction provided to a
				  student requiring special education is not a program of special education for
				  purposes of federal and state law.
The director of special education shall advise the parent,
				  guardian, or legal or actual custodian of a child requiring special education
				  of the probable consequences of placing the child under private instruction and
				  withdrawing the child from specialized instruction and services to which the
				  child is entitled. The director of special education may require the parent,
				  guardian, or legal or actual custodian of a child requiring special education
				  to accept full responsibility for the parent's, guardian's, or legal or actual
				  custodian's decision to reject special education programs and services,
				  forgoing a later request for compensatory education for the period of time when
				  the child was under private instruction.
A parent, as defined in rule
				  281-41.30 (256B, 34CFR300
				 ), who elects independent private instruction for the parent's child shall be
				  deemed to have waived special education services. Approval from the area
				  education agency's director of special education is not required before a child
				  requiring special education receives independent private
				  instruction.