reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title XVI - School Facilities › Chapter 98 - Supplementary Weighting › Rule 281-98.101 - Custodial Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Custodial funds are used to account for funds that are held
				  in a custodial capacity by the school district for individuals, private
				  organizations, or other governments. Custodial funds may include moneys
				  collected for another government, a grant consortium when the school district
				  serves as fiscal agent for the other school districts but has no managerial
				  responsibilities, or funds for a teacher or a parent-teacher organization that
				  has its own federal identification number (FIN). In a custodial fund, the
				  school district or area education agency merely renders a service as a
				  custodian of the assets for the organization owning the assets and the school
				  district or area education agency is not an owner. Custodial funds typically
				  involve only the receipt, temporary investment and remittance of assets to
				  their rightful owners.
(1)
Sources of receipts in custodial funds.
Sources of receipts in
				custodial funds include temporary receipts of cash, investment instruments,
				property, and interest on investments held.
(2)
Appropriate uses of custodial
				funds.
Appropriate disbursements from a custodial fund depend on the
				nature of the rightful owners' conditions or the responsibilities of the
				custodian. Typically, disbursement will involve remittance of assets to their
				rightful owners or to a third party on behalf and at the request of the
				rightful owners. The school district cannot disburse more funds at any point in
				time than it has received from the rightful owner.
(3)
Inappropriate uses of custodial
				funds.
Inappropriate disbursements from custodial funds include any
				disbursement that is not consistent with the terms of the agreement, is not
				legal to a school district, or exceeds the amount of funds that have been
				received from the rightful owner or on behalf of the rightful owner.
Iowa Administrative Code › Agency 281 - Education Department › Title XVI - School Facilities › Chapter 98 - Supplementary Weighting › Rule 281-98.111 - Emergency Levy Fund

Current through Register Vol. 47, No. 3, July 24, 2024
A school district may levy a tax for the emergency fund upon
				  the approval of the state appeals board. Once the levy has been received, the
				  district may request approval of the school budget review committee to transfer
				  the funds to any other fund of the district for the purpose of meeting
				  deficiencies in a fund arising within two years of a disaster as defined in
				  Iowa Code section 29C.2(1).
(1)
Sources of revenue in the
				emergency levy fund.
Sources of revenue for the emergency levy fund
				include a tax levy not to exceed $0.27 per $1,000 of assessed value of taxable
				property, and interest on those moneys.
(2)
Appropriate uses of emergency
				levy fund.
Appropriate expenditures in the emergency levy fund include
				only transfers to other funds for the purpose of meeting deficiencies in a fund
				arising within two years of a disaster and upon the approval of the school
				budget review committee.
(3)
Inappropriate uses of emergency levy fund.
Inappropriate
				expenditures in the emergency levy fund include any expenditures other than a
				transfer to another fund and any transfer not approved by the school budget
				review committee.
Iowa Administrative Code › Agency 281 - Education Department › Title XVI - School Facilities › Chapter 98 - Supplementary Weighting › Rule 281-98.112 - Equalization Levy Fund

Current through Register Vol. 47, No. 3, July 24, 2024
If necessary to equalize the division of liabilities and
				  distribution of assets in a reorganization, merger, or dissolution, the board
				  of a school district may provide for the levy of additional taxes upon the
				  property of the former district so as to effect equalization pursuant to Iowa
				  Code section 275.31. Once the levy has been
				  received, the district will transfer the funds before the end of the fiscal
				  year to the funds for which equalization was necessary and for which the taxes
				  were levied.
(1)
Sources of
				revenue for the equalization levy fund.
Sources of revenue for the
				equalization levy fund include a tax levy, pursuant to Iowa Code section
				275.31, and interest on those
				moneys.
(2)
Appropriate
				uses of the equalization levy fund.
Appropriate expenditures from the
				equalization levy fund are limited to transfers to the funds, in the same
				proportion, for which equalization was necessary and for which the taxes were
				levied.
(3)
Inappropriate
				uses of the equalization levy fund.
Inappropriate uses of the
				equalization levy fund would include transfers to any fund for which
				equalization was not required or for which the equalization tax was not levied
				and any uses other than transfers.
Iowa Administrative Code › Agency 281 - Education Department › Title XVI - School Facilities › Chapter 99 - Business Procedures and Deadlines › Rule 281-99.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Area education agency"
or
"AEA"
means a school corporation organized under Iowa Code
				  chapter 273.
"Basis of accounting"
means the
				  accrual/modified accrual accounting basis under generally accepted accounting
				  principles (GAAP) as defined by the governmental accounting standards board
				  (GASB) as of October 4, 2023.
"Basis of budgeting"
means the
				  accrual/modified accrual budgeting basis under GAAP as defined by the GASB as
				  of October 4, 2023.
"SBRC"
means the school budget review
				  committee appointed pursuant to Iowa Code section
				  257.30.
"School district"
means a school corporation
				  organized under Iowa Code chapter 274.
"Unique"
means highly unusual,
				  extraordinary; unparalleled.
"Unusual"
means not usual or common; rare;
				  constituting or occurring as an exception; not ordinary or average.
"Usual"
means that which past experience has
				  shown to be normal or common or is anticipated to become normal or common,
				  hence an expected or predictable event.
Iowa Administrative Code › Agency 281 - Education Department › Title XVI - School Facilities › Chapter 99 - Business Procedures and Deadlines › Rule 281-99.2 - Submission Deadlines

Current through Register Vol. 47, No. 3, July 24, 2024
It is the responsibility of the administrative officials and
				  board members to submit information and materials as requested by the
				  department of education, department of management, any other state agency, or
				  any federal agency. Reports shall be filed electronically if an electronic
				  format is available.
(1) All school
				districts will submit program plans, reports, or data collections in the
				manner, by the procedures, and on the dates set by statute or by the department
				of education. Plans, reports, and data collections will include the following:
Vehicle Information System
September 1
Annual Transportation Report
September 15
Certified Annual Report (CAR-COA)
September 15
Special Education Supplement
September 15
Facilities, Elections &Save Report
September 30
Certified Enrollment Report/PEACE
October 15
Certified Supplementary Weighting Report
October 15
School Board Officers Report
November 1
Annual Audit Report
March 31
Certified Budget
April 15
(2)
				All AEAs will submit program plans, reports, or data collections in the manner,
				by the procedures, and on the dates set by statute or by the department of
				education. Plans, reports, and data collections will include the following:
Certified Annual Report (CAR-COA)
September 15
Facilities Report
September 30
Certified Supplementary Weighting Report
October 15
School Board Officers Report
November 1
Proposed Budget
March 15
Annual Audit Report
March 31
(3)
				If any plan, report, or data collection has not been received by the due date
				of the form or by the due date of a valid extension granted by the department
				of education, the following procedure will apply:
a. The superintendent of the school district
				or the administrator of the area education agency, and the president of the
				applicable board, will be notified of the unfiled report and the number of days
				it is past due.
b. The state board
				of education, the SBRC, or the Iowa board of educational examiners may be
				notified of the school districts or AEAs that were not timely in filing one or
				more reports.
c. The SBRC may
				implement the procedures described in 289-subrule 6.3(5).
Iowa Administrative Code › Agency 281 - Education Department › Title XVI - School Facilities › Chapter 99 - Business Procedures and Deadlines › Rule 281-99.3 - Good Cause for Late Submission

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
				of education may, upon request, allow a school district or AEA to submit
				reports, data collections, or program plans after the due dates listed in rule
				281-99.2 (256,257,285,291) for
				good cause.
a. Good cause includes illness or
				death of a school district or AEA staff member involved in developing the
				program plan or submitting the report or data collection; acts of God;
				technological problems at the department lasting at least seven days within the
				final two weeks prior to the deadline that prevent access necessary for the
				plan, report, or data collection submission; or unforeseeable unusual or unique
				circumstances, which, in the opinion of the director of the department,
				constitute sufficient cause for allowing submission of program plans, reports,
				or data collections after the published due date.
b. Good cause does not include consequences
				of local time management or administrative decisions or when districts and AEAs
				have timed out or have encountered system overloads within the final three days
				before the due date.
Iowa Administrative Code › Agency 281 - Education Department › Title XVI - School Facilities › Chapter 99 - Business Procedures and Deadlines › Rule 281-99.4 - Budgets, Accounting, and Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
The school district or AEA will budget on the GAAP basis of
				  budgeting. School districts and AEAs will use the chart of accounts defined in
				  the Uniform Financial Accounting Manual for Iowa LEAs and AEAs (UFA manual).
				  The school district or AEA will maintain its financial records and prepare
				  financial reports, including the Certified Annual Report, in the manner and by
				  the procedures set by the departments of education and management in the UFA
				  manual and GAAP. School districts and AEAs will use the chart of accounts
				  defined in the UFA manual. The UFA manual is based on the Financial Accounting
				  for Local and State School Systems published by the United States Department of
				  Education, as of October 4, 2023. If GAAP permits a choice of reporting methods
				  for transactions, or if GAAP conflicts with the UFA manual, the department of
				  education staff will determine a uniform method of reporting to be used by all
				  school districts and AEAs.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.2 - Jurisdiction

Current through Register Vol. 47, No. 3, July 24, 2024
To constitute a violation of these rules, acts of the school
				  employee must be alleged to have occurred on school grounds, on school time, on
				  a school-sponsored activity, or in a school-related context. To be
				  investigable, the written report is to include basic information showing that
				  the student allegedly abused is or was a student at the time of the incident,
				  that the alleged act of the school employee resulted in injury or otherwise
				  meets the definition of abuse in these rules, and that the person responsible
				  for the act is currently a school employee.
If the report is not investigable due to the absence of any
				  of the jurisdictional facts, the level-one investigator will dismiss the
				  complaint as lacking jurisdiction and notify the person filing the report of
				  abuse of the options remaining as listed in paragraph
				  102.10(1)
"i."
The dismissal of a report of abuse for lack of
				  jurisdiction does not bar school officials from further forms of investigation
				  and disciplinary action.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.4 - Exceptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The following
				do not constitute physical abuse, and no school employee is prohibited from:
a. Using reasonable and necessary force, not
				designed or intended to cause pain:
(1) To
				quell a disturbance or prevent an act that threatens physical harm to any
				person.
(2) To obtain possession of
				a weapon or other dangerous object within a pupil's control.
(3) For the purposes of self-defense or
				defense of others as provided for in Iowa Code section
				704.3.
(4) For the protection of property as
				provided for in Iowa Code section
				704.4 or
				704.5.
(5) To remove a disruptive pupil from class,
				or any area of school premises or from school-sponsored activities off school
				premises.
(6) To prevent a student
				from the self-infliction of harm.
(7) To protect the safety of
				others.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.5 - Duties of School Authorities

Current through Register Vol. 47, No. 3, July 24, 2024
The board of directors of a public school district and the
				  authorities in control of a nonpublic school shall:
(1) Annually identify at least one designated
				investigator and alternate investigator at an open public meeting.
(2) Adopt written procedures that establish
				persons to whom the school authorities will delegate a second level of
				investigation beyond the level-one procedures specifically described in these
				rules, including law enforcement authorities or the county attorney's office,
				personnel of the local office of the department of health and human services,
				or private parties experienced and knowledgeable in the area of abuse
				investigation. The second-level investigator is not to be a school employee and
				is considered an independent contractor if remunerated for services rendered.
				The second-level investigator is to be made aware of any request under this
				rule and be offered an opportunity to decline the request, with reasons given.
The adopted procedures are to conform to these rules and
				  include provisions for the safety of a student when, in the opinion of the
				  investigator, the student would be placed in imminent danger if continued
				  contact is permitted between the school employee and the student. These
				  provisions will include the options of:
a. Temporary removal of the student from
				contact with the school employee.
b. Temporary removal of the school employee
				from service.
c. Any other
				appropriate action permissible under Iowa law to ensure the student's safety.
The adopted written procedures will include a statement that
				  the investigators appointed and retained under this chapter have access to any
				  educational records of the allegedly abused student and access to the student
				  for purposes of interviewing and investigating the allegation.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.6 - Filing of a Report

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who may
				file.
Any person who has knowledge of an incident of abuse of a
				student committed by a school employee may file a report with the designated
				investigator.
(2)
Content
				of report.
The report is to be in writing, signed, and, if signed by a
				minor, witnessed by a person of majority age and contain the following
				information:
a. The full name, address, and
				telephone number of the person filing.
b. The full name, age, address, telephone
				number, and attendance center of the student.
c. The name and place of employment of the
				school employee(s) or agents who allegedly committed the abuse.
d. A concise statement of the facts
				surrounding the incident, including date, time, and place of occurrence, if
				known.
e. A list of possible
				witnesses by name, if known.
f.
				Names and locations of any and all persons who examined, counseled or treated
				the student for the alleged abuse, including the dates on which those services
				were provided, if known.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.7 - Receipt of Report

Current through Register Vol. 47, No. 3, July 24, 2024
Any school employee receiving a report of alleged abuse of a
				  student by a school employee shall immediately give the report to the
				  designated investigator or alternate and not reveal the existence or content of
				  the report to any other person.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.10 - Content of Investigative Report

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The written
				investigative report is to include:
a. The
				name, age, address, and attendance center of the student named in the
				report.
b. The name and address of
				the student's parent or guardian and the name and address of the person filing
				the report, if different from the student's parent or guardian.
c. The name and work address of the school
				employee named in the report as allegedly responsible for the abuse of the
				student.
d. An identification of
				the nature, extent, and cause, if known, of any injuries or abuse to the
				student named in the report.
e. A
				general review of the investigation.
f. Any actions taken for the protection and
				safety of the student.
g. A
				statement that, in the investigator's opinion, the allegations in the report
				are either:
(1) Unfounded. (It is not likely
				that an incident, as defined in these rules, took place), or
(2) Founded. (It is likely that an incident
				took place.)
h. The
				disposition or current status of the investigation.
i. A listing of the options available to the
				parents or guardian of the student to pursue the allegations. These options
				include:
(1) Contacting law
				enforcement.
(2) Contacting private
				counsel for the purpose of filing a civil suit or complaint.
(3) Filing a complaint with the board of
				educational examiners if the school employee is certificated.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.11 - Founded Reports-designated Investigator's Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				investigator shall notify law enforcement authorities in founded cases of
				serious physical abuse and in any founded case of sexual abuse under Iowa Code
				chapter 709 or sexual exploitation under Iowa Code section
				728.12(1). In
				founded cases of less serious physical incidents or sexual incidents not in the
				nature of statutory sexual abuse or exploitation as defined by Iowa law, the
				investigator shall arrange for the level-two investigator to carry out a
				professional investigation unless the level-one investigation has resulted in a
				final disposition of the investigation. In addition, the designated
				investigator shall give a copy of the investigative report to the employee's
				supervisor and document all action taken.
(2) Upon receipt of the level-two
				investigator's report under rule
				281-102.12 (280) or upon
				resolution of the investigation at level one, the designated investigator will:
a. Forward copies of the level-two
				investigator's report to the student's parent or guardian, the school employee
				named in the complaint, and the school employee's supervisor; notify the person
				filing the report, if different from the student's parent or guardian, of the
				disposition of the case or current status of the investigation;
b. File a complaint against the school
				employee who has been found to have physically or sexually abused a student, if
				that employee holds a teaching certificate, coaching authorization, or
				practitioner license, with the board on behalf of the school or district by
				obtaining the superintendent's signature on the complaint in cases where the
				level-two investigator or law enforcement officials have concluded abuse
				occurred as defined in these rules or where the employee has admitted the
				violation or agreed to surrender the employee's certificate or license. The
				designated investigator has discretion to file a complaint with the board in
				situations where the employee has resigned as a result of the allegation or
				investigation but has not admitted that a violation occurred. In the event an
				employee holding a school bus driver permit has been found to have physically
				or sexually abused a student, the designated investigator shall file a written
				complaint with the school transportation consultant at the department of
				education; the designated investigator shall file a written complaint with the
				local school board in founded cases involving other nonlicensed school
				employees; and
c. Arrange for
				counseling services for the student on request of the student, or the student's
				parent or guardian.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.12 - Level-two Investigator's Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon referral
				by the designated investigator, the level-two investigator appointed,
				contracted, requested or retained under subrule 102.5(2) shall review the
				report of abuse and the designated investigator's report, if any, promptly
				conduct further investigation and create a written narrative report. The
				level-two investigator's report shall state:
a. Conclusions as to the occurrence of the
				alleged incident; and
b.
				Conclusions as to the applicability of the exceptions to physical abuse listed
				in rule 281-102.4 (280); or
c. Conclusions as to the nature of the sexual
				abuse, if any; and
d.
				Recommendations regarding the need for further
				investigation.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.13 - Retention of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any record
				created by an investigation will be handled according to formally adopted or
				bargained policies on the maintenance of personnel or other confidential
				records. Notes, tapes, memoranda, and related materials compiled in the
				investigation will be retained by the public or nonpublic school for a minimum
				of two years.
(2) Unfounded reports
				shall not be placed in an employee's personnel file. If a report is founded at
				level one and unfounded at level two, the founded report from the level-one
				investigator shall be removed immediately upon receipt of an unfounded report
				from the level-two investigator.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.14 - Substantial Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
Because investigative procedures seldom allow for rigid
				  observance of the protocol, substantial compliance with the rules is required
				  with the overriding goal of reaching a fair and unbiased resolution of the
				  complaint.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 102 - Procedures for Charging and Investigating Incidents of Abuse of Students by School Employees › Rule 281-102.15 - Effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are effective on July 1, 1989, for school years
				  1989-90 and thereafter.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 103 - Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact With Students › Rule 281-103.1 - Purpose and Objectives

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to provide uniform definitions
				  and policies for public school districts, accredited nonpublic schools, and
				  area education agencies regarding the application of physical contact or force
				  to enrolled students. These rules clarify that corporal punishment, prone
				  restraint, and mechanical restraint are prohibited; explain the parameters and
				  protocols for the use of physical restraint and seclusion; and describe other
				  limits on physical contact with students. The applicability of this chapter to
				  physical restraint, seclusion, or behavior management interventions does not
				  depend on the terminology employed by the organization to describe the activity
				  or space. These rules are intended to promote the dignity, care, safety,
				  welfare, and security of each child and the school community; encourage the use
				  of proactive, effective, and evidence- and research-based strategies and best
				  practices to reduce the occurrence of challenging behaviors; increase
				  meaningful instructional time for all students; ensure that seclusion and
				  physical restraint are used only in specified circumstances and are subject to
				  assessment, monitoring, documentation, and reporting by trained employees; and
				  give clear guidance on whether a disciplinary or behavioral management
				  technique is prohibited or may be used.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 103 - Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact With Students › Rule 281-103.3 - Ban on Corporal Punishment and Prone and Mechanical Restraints

Current through Register Vol. 47, No. 3, July 24, 2024
An employee shall not inflict, or cause to be inflicted,
				  corporal punishment upon a student or use prone restraints or mechanical
				  restraints upon a student.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 103 - Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact With Students › Rule 281-103.4 - Activities That Are Not Considered Corporal Punishment

Current through Register Vol. 47, No. 3, July 24, 2024
Corporal punishment does not include the following:
1. Verbal recrimination or chastisement
				directed toward a student;
2.
				Reasonable requests or requirements of a student engaged in activities
				associated with physical education class or extracurricular
				athletics;
3. Actions consistent
				with and included in an individualized education program (IEP) developed under
				the Individuals with Disabilities Education Act, as reauthorized through
				February 7, 2024, Iowa Code chapter 256B, and 281-Chapter 41; a behavior
				intervention plan (BIP); an individual health plan (IHP); or a safety plan.
				However, under no circumstance may an IEP, BIP, IHP, or safety plan violate the
				provisions of this chapter;
4.
				Reasonable periods of detention, not in excess of school hours, or brief
				periods of detention before or after school, in a seat, classroom, or other
				part of a school facility;
5.
				Actions by an employee subject to these rules toward a person who is not a
				student of the school or receiving the services of a school employing or
				utilizing the services of the employee.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 103 - Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact With Students › Rule 281-103.5 - Use of Reasonable and Necessary Force

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Notwithstanding
				the ban on corporal punishment in rule
				281-103.3 (256B,280), no
				employee subject to these rules is prohibited from:
a. Using reasonable and necessary force, not
				designed or intended to cause pain, in order to accomplish any of the purposes
				listed in Iowa Code section
				280.21(2).
b. Using incidental, minor, or reasonable
				physical contact to maintain order and control.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 103 - Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact With Students › Rule 281-103.6 - Reasonable Force

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In determining
				the reasonableness of the physical force used by a school employee, the
				following factors will be applied:
a. The
				size and physical, mental, and psychological condition of the
				student;
b. The nature of the
				student's behavior or misconduct resulting in the use of physical
				force;
c. The instrumentality used
				in applying the physical force;
d.
				The extent and nature of resulting injury to the student, if any, including
				mental and psychological injury;
e.
				The motivation of the school employee using the physical
				force.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 103 - Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact With Students › Rule 281-103.7 - Reasonable and Necessary Force-use of Physical Restraint or Seclusion

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Physical
				restraint or seclusion is reasonable and necessary only:
a. To prevent or terminate an imminent threat
				of bodily injury to the student or others; or
b. To prevent serious damage to property of
				significant monetary value or significant nonmonetary value or importance;
				or
c. When the student's actions
				seriously disrupt the learning environment or when physical restraint or
				seclusion is necessary to ensure the safety of the student and others;
				and
d. When less restrictive
				alternatives to seclusion or physical restraint would not be effective, would
				not be feasible under the circumstances, or have failed in preventing or
				terminating the imminent threat or behavior; and
e. When the physical restraint or seclusion
				complies with all the rules of this chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 103 - Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact With Students › Rule 281-103.8 - Training, Documentation, Debriefing, and Reporting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Training.
An employee must receive training prior to using any
				form of physical restraint or seclusion. Training will cover the following
				topics:
a. The rules of this
				chapter;
b. The school's specific
				policies and procedures regarding the rules of this chapter;
c. Student and staff debriefing
				requirements;
d. Positive behavior
				interventions and supports, and evidence-based approaches to student discipline
				and classroom management;
e.
				Research-based alternatives to physical restraint and seclusion;
f. Crisis prevention, crisis intervention,
				and crisis de-escalation techniques;
g. Duties and responsibilities of school
				resource officers and other responders, and the techniques, strategies and
				procedures used by responders; and
h. Safe and effective use of physical
				restraint and seclusion.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 103 - Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact With Students › Rule 281-103.10 - Department Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
The department will develop, establish, and distribute to all
				  school districts evidence-based standards, guidelines, and expectations for the
				  appropriate and inappropriate responses to behavior in the classroom that
				  presents an imminent threat of bodily injury to a student or another person and
				  for the reasonable, necessary, and appropriate physical restraint of a student,
				  consistent with these rules.
The director of the department will consult with the area
				  education agencies to create comprehensive and consistent standards and
				  guidance for professional development relating to successfully educating
				  individuals in the least restrictive environment, and for evidence-based
				  interventions consistent with the standards established pursuant to this
				  rule.
Iowa Administrative Code › Agency 281 - Education Department › Title XVII - Protection of Children › Chapter 103 - Corporal Punishment, Physical Restraint, Seclusion, and Other Physical Contact With Students › Rule 281-103.11 - Other Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To prevail in a
				civil action alleging a violation of Iowa Code section
				280.21
				or this chapter, the party bringing the action shall prove the violation by
				clear and convincing evidence. Any school employee determined in a civil action
				to have been wrongfully accused under Iowa Code section
				280.21
				or this chapter shall be awarded reasonable monetary damages, in light of the
				circumstances involved, against the party bringing the action.
(2) A school employee's employer and the
				board of educational examiners shall not engage in reprisal or retaliation
				against a school employee who, in the reasonable course of the employee's
				employment responsibilities, comes into physical contact with a student in
				accordance with Iowa Code section
				280.21
				or this chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.1 - Purposes and Outcomes of the Early Access Integrated System of Early Intervention Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Establishment of Early ACCESS Integrated System of Early Intervention
				Services.
This chapter establishes Iowa's Early ACCESS Integrated
				System of Early Intervention Services, which is Iowa's implementation of Part C
				of the Individuals with Disabilities Education Act.
(2)
Purposes.
The purposes
				of this chapter are as follows:
a. Develop and
				implement a statewide, comprehensive, coordinated, multidisciplinary,
				interagency system that provides early intervention services for infants and
				toddlers with disabilities and their families;
b. Facilitate the coordination of payment for
				early intervention services from federal, state, local, and private sources
				(including public and private insurance coverage);
c. Enhance Iowa's capacity to provide quality
				early intervention services and expand and improve existing early intervention
				services being provided to infants and toddlers with disabilities and their
				families; and
d. Enhance the
				capacity of state and local agencies and service providers to identify,
				evaluate, and meet the needs of all children, including historically
				underrepresented populations, particularly minority, low-income, inner-city,
				and rural children, and infants and toddlers in foster care.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.2 - Applicability of This Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of this chapter apply to the Iowa department
				  of education, as the state lead agency, the signatory agencies identified in
				  subrule 120.39(15), and any early intervention service (EIS) provider that is
				  part of the statewide system of early intervention, regardless of whether that
				  EIS provider receives funds under Part C of the Act. The chapter applies to all
				  children referred to the Part C program, including infants and toddlers with
				  disabilities consistent with the definitions in rules
				  281-120.6 ( 34CFR303) and
				  281-120.21 ( 34CFR303), and
				  their families. The provisions of this chapter do not apply to any child with a
				  disability receiving a "free appropriate public education" or "FAPE" under 34
				  CFR Part 300.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.3 - Applicable Federal Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The following regulations apply to this chapter:
a. The regulations at 34 CFR Part
				303.
b. The Education Department
				General Administrative Regulations (EDGAR), including 34 CFR Parts 76 (except
				for §76.103), 77, 79, 80, 81, 82, 84, 85, and 86.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.4 - Act

Current through Register Vol. 47, No. 3, July 24, 2024
Act" means the Individuals with Disabilities Education Act.
				  Part B of the Act, 34 CFR Part 300, establishes special education for children
				  with disabilities who are age three to the maximum age in Iowa Code section
				  256B.8. Part B of the Act
				  includes early childhood special education under Section 619 of the Act. Part C
				  of the Act, 34 CFR Part 303, establishes the infants and toddlers program for
				  eligible individuals from birth to age three.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.5 - At-risk Infant or Toddler

Current through Register Vol. 47, No. 3, July 24, 2024
"At-risk infant or toddler" means an individual under three
				  years of age who would be at risk of experiencing a substantial developmental
				  delay if early intervention services were not provided to the
				  individual.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.6 - Child

Current through Register Vol. 47, No. 3, July 24, 2024
"Child" means an individual under the age of six and may
				  include an "infant or toddler with a disability" as that term is defined in
				  rule 281-120.21 ( 34CFR303
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.7 - Consent

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Obtaining consent.
"Consent" is obtained when all of the
				following conditions are satisfied:
a. The
				parent has been fully informed of all information relevant to the activity for
				which consent is sought, in the parent's native language as defined in rule
				281-120.25 ( 34CFR303
				);
b. The parent understands and
				agrees in writing to the carrying out of the activity for which the parent's
				consent is sought, and the consent form describes that activity and lists the
				early intervention records (if any) that will be released and to whom they will
				be released; and
c. The parent
				understands that the granting of consent is voluntary on the part of the parent
				and may be revoked at any time.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.8 - Council

Current through Register Vol. 47, No. 3, July 24, 2024
"Council" means the Iowa council for Early ACCESS, which is
				  the state interagency coordinating council that satisfies Division VIII of this
				  chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.10 - Developmental Delay

Current through Register Vol. 47, No. 3, July 24, 2024
"Developmental delay," when used with respect to a child
				  residing in a state, has the meaning given that term by the state under rule
				  281-120.111 ( 34CFR303
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.11 - Early Intervention Service Program

Current through Register Vol. 47, No. 3, July 24, 2024
"Early intervention service program" or "EIS program" means
				  an entity designated by the lead agency for reporting under rules
				  281-120.700 ( 34CFR303) through
				  281-120.702 ( 34CFR303
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.12 - Early Intervention Service Provider

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
"Early intervention service provider" or "EIS
				provider" means an entity (whether public, private, or nonprofit) or an
				individual that provides early intervention services under Part C of the Act,
				whether or not the entity or individual receives federal funds under Part C of
				the Act, and may include, where appropriate, the lead agency and a public
				agency responsible for providing early intervention services to infants and
				toddlers with disabilities in the state under Part C of the Act.
(2)
Responsibilities.
An EIS
				provider is responsible for:
a. Participating
				in the multidisciplinary individualized family service plan (IFSP) team's
				ongoing assessment of an infant or toddler with a disability and a
				family-directed assessment of the resources, priorities, and concerns of the
				infant's or toddler's family, as related to the needs of the infant or toddler,
				in the development of integrated goals and outcomes for the IFSP;
b. Providing early intervention services in
				accordance with the IFSP of the infant or toddler with a disability;
				and
c. Consulting with and training
				parents and others regarding the provision of the early intervention services
				described in the IFSP of the infant or toddler with a disability.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.13 - Early Intervention Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
"Early intervention services" means developmental
				services that:
a. Are provided under public
				supervision;
b. Are selected in
				collaboration with the parents;
c.
				Are provided at no cost, except, subject to rules
				281-120.520 ( 34CFR303) and
				281-120.521( 34CFR303), where federal or state law provides for a system of
				payments by families, including, if applicable, a schedule of sliding
				fees;
d. Are designed to meet the
				developmental needs of an infant or toddler with a disability and the needs of
				the family to assist appropriately in the infant's or toddler's development, as
				identified by the IFSP team, in any one or more of the following areas,
				including:
(1) Physical
				development;
(2) Cognitive
				development;
(3) Communication
				development;
(4) Social or
				emotional development; or
(5)
				Adaptive development;
e.
				Meet the standards of the state in which the early intervention services are
				provided, including but not limited to the then-applicable version of Iowa's
				Early Learning Standards and Part C of the Act;
f. Include services identified under subrule
				120.13(2);
g. Are provided by
				qualified personnel (as that term is defined in rule
				281-120.31 ( 34CFR303)),
				including the types of personnel listed in subrule 120.13(3);
h. To the maximum extent appropriate, are
				provided in natural environments, as defined in rule
				281-120.26 ( 34CFR303) and
				consistent with rule 281-120.126 ( 34CFR303) and
				subrule 120.344(4); and
i. Are
				provided in conformity with an IFSP adopted in accordance with Section 636 of
				the Act and rule 281-120.20( 34CFR303).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.14 - Elementary School

Current through Register Vol. 47, No. 3, July 24, 2024
"Elementary school" means a nonprofit institutional day or
				  residential school, including a public elementary charter school, that provides
				  elementary education, as determined under state law.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.15 - Free Appropriate Public Education

Current through Register Vol. 47, No. 3, July 24, 2024
Free appropriate public education" or "FAPE," as used in rule
				  281-120.521 ( 34CFR303), means
				  special education and related services that are provided at public expense,
				  under public supervision and direction, and without charge; that meet the
				  standards of the state educational agency (SEA), including the requirements of
				  Part B of the Act; that include an appropriate preschool, elementary school, or
				  secondary school education in the state involved; and that are provided in
				  conformity with an individualized education program (IEP) that satisfies
				  34 CFR
				  300.320 through
				  300.324.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.16 - Health Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
"Health services" means services necessary to enable
				an otherwise eligible child to benefit from the other early intervention
				services under this chapter during the time that the child is eligible to
				receive early intervention services.
(2)
Examples of health
				services.
"Health services" includes:
a. Such services as clean intermittent
				catheterization, tracheostomy care, tube feeding, the changing of dressings or
				colostomy collection bags, and other health services; and
b. Consultation by physicians with other
				service providers concerning the special health care needs of infants and
				toddlers with disabilities that will need to be addressed in the course of
				providing other early intervention services.