reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.119 - Technical Assistance and Training Activities

Current through Register Vol. 47, No. 3, July 24, 2024
The state shall carry out activities to ensure that teachers
				  and administrators in all public agencies are fully informed about their
				  responsibilities for implementing rule
				  281-41.114 (256B, 34CFR300) and
				  are provided with technical assistance and training necessary to assist them in
				  this effort. If a public agency is having difficulty in locating an appropriate
				  placement for an eligible individual, the public agency may contact the
				  department for potential assistance.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.120 - Monitoring Activities

Current through Register Vol. 47, No. 3, July 24, 2024
The state shall carry out activities to ensure that rule
				  281-41.114 (256B, 34CFR300) is
				  implemented by each public agency. If there is evidence that a public agency
				  makes placements that are inconsistent with rule
				  281-41.114 (256B, 34CFR300),
				  the department must review the public agency's justification for its actions
				  and assist in planning and implementing any necessary corrective action.
				  Failure of the public agency to implement any necessary corrective action may
				  result in adverse determinations under rule
				  281-41.603 (256B, 34CFR300) or
				  any other available enforcement action.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.121 - Procedural Safeguards

Current through Register Vol. 47, No. 3, July 24, 2024
Each public agency in the state shall meet the requirements
				  of rules 281-41.500 (256B, 34CFR300) to
				  281-41.536 (256B, 34CFR300),
				  and children with disabilities and their parents must be afforded the
				  procedural safeguards identified in those rules.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.122 - Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
Children with disabilities must be evaluated in accordance
				  with rules 281-41.300 (256B, 34CFR300) to
				  281-41.313 (256B, 34CFR300),
				  and each AEA shall develop and use procedures to implement those
				  rules.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.123 - Confidentiality of Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
All public agencies in the state shall comply with rules
				  281-41.610 (256B, 34CFR300) to
				  281-41.626 (256B, 34CFR300)
				  related to protecting the confidentiality of any personally identifiable
				  information collected, used, or maintained under Part B of the
				  Act.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.124 - Transition of Children From the Part C Program to Preschool Programs

Current through Register Vol. 47, No. 3, July 24, 2024
Each public agency shall comply with the state's policies
				  concerning the transition of infants and toddlers from programs under Part C to
				  programs under Part B of the Act and shall ensure the following regarding such
				  transition:
(1)
Smooth
				transition.
Children participating in early intervention programs
				assisted under Part C of the Act, and who will participate in preschool
				programs assisted under Part B of the Act, experience a smooth and effective
				transition to those preschool programs in a manner consistent with Section
				637(a)(9) of the Act;
(2)
IEP developed.
By the third birthday of a child described in
				subrule 41.124(1), an IEP has been developed and is being implemented for the
				child consistent with subrule 41.101(2); and
(3)
Participating agencies.
Each affected LEA will participate in transition planning conferences arranged
				by the designated lead agency under Section 635(a)(10) of the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.129 - Responsibility Regarding Children in Private Schools

Current through Register Vol. 47, No. 3, July 24, 2024
Each public agency shall meet the private school requirements
				  in rules 281-41.130 (256,256B, 34CFR300)
				  to 281-41.148 (256B, 34CFR300
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.130 - Definition of Parentally Placed Private School Children With Disabilities

Current through Register Vol. 47, No. 3, July 24, 2024
"Parentally placed private school children with disabilities"
				  means children with disabilities enrolled by their parents in accredited
				  nonpublic, including religious, schools or facilities that meet the definition
				  of elementary school in rule
				  281-41.13 (256B, 34CFR300) or
				  secondary school in rule
				  281-41.36 (256B, 34CFR300),
				  other than children with disabilities covered under rules
				  281-41.145 (256B, 34CFR300) to
				  281-41.147 (256B, 34CFR300
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.131 - Child Find for Parentally Placed Private School Children With Disabilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each AEA must locate, identify, and evaluate all
				children with disabilities who are enrolled by their parents in accredited
				nonpublic, including religious, elementary schools and secondary schools
				located in the school district served by the AEA, in accordance with subrules
				41.131(2) to 41.131(5) and rules
				281-41.111 (256B, 34CFR300) and
				281-41.201(256B, 34CFR300).
(2)
Child find design.
The child find process must be designed to
				ensure:
a. The equitable participation of
				parentally placed private school children; and
b. An accurate count of those
				children.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.132 - Provision of Services for Parentally Placed Private School Children With Disabilities: Basic Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
To the extent consistent with the number and location
				of children with disabilities who are enrolled by their parents in accredited
				nonpublic, including religious, elementary schools and secondary schools
				located in the area served by the AEA, provision is made for the participation
				of those children in the program assisted or carried out under Part B of the
				Act by providing them with special education and related services, including
				direct services determined in accordance with rule
				281-41.137 (256,256B, 34CFR300
				), unless the Secretary has arranged for services to those children under the
				bypass provisions in 34 CFR
				Sections 300.190 to
				300.198.
(2)
IEP for parentally placed private
				school children with disabilities.
In accordance with subrule
				41.132(1) and rules 281-41.137 (256,256B, 34CFR300)
				to 281-41.139(256,256B,34CFR300), as well as Iowa Code section
				256.12, an IEP must be developed
				and implemented for each private school child with a disability who has been
				designated by the AEA in which the private school is located to receive special
				education and related services under this chapter.
(3)
Record keeping.
Each AEA
				must maintain in its records, and provide to the state, the following
				information related to parentally placed private school children covered under
				rules 281-41.130 (256,256B,34CFR300)
				to 281-41.144 (256,256B,34CFR300):
a. The number of children
				evaluated;
b. The number of
				children determined to be children with disabilities; and
c. The number of children served.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.133 - Expenditures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Formula.
To meet the requirement of subrule 41.132(1), each
				AEA must spend the following on providing special education and related
				services, including direct services, to parentally placed private school
				children with disabilities:
a. For children
				aged 3 to 21, an amount that is the same proportion of the AEA's total subgrant
				under Section 611(f) of the Act as the number of private school children with
				disabilities aged 3 to 21 who are enrolled by their parents in private,
				including religious, elementary schools and secondary schools located in the
				school district served by the AEA, is to the total number of children with
				disabilities in its jurisdiction aged 3 to 21.
b. Additional calculation for children aged 3
				through 5.
(1) For children aged 3 through 5,
				an amount that is the same proportion of the AEA's total subgrant under Section
				619(g) of the Act as the number of parentally placed private school children
				with disabilities aged 3 through 5 who are enrolled by their parents in a
				private, including religious, elementary school located in the school district
				served by the AEA, is to the total number of children with disabilities in its
				jurisdiction aged 3 through 5.
(2)
				As described in subparagraph 41.133(1)
"b"
(1), children aged 3
				through 5 are considered to be parentally placed private school children with
				disabilities enrolled by their parents in private, including religious,
				elementary schools, if and only if they are enrolled in a private school that
				meets the definition of elementary school in rule
				281-41.13 (256B, 34CFR300
				).
c. If an AEA has not
				expended for equitable services all of the funds described in paragraphs
				41.133(1)
"a"
and
"b"
by the end of the fiscal
				year for which Congress appropriated the funds, the AEA must obligate the
				remaining funds for special education and related services, including direct
				services, to parentally placed private school children with disabilities during
				a carry-over period of one additional year.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.134 - Consultation

Current through Register Vol. 47, No. 3, July 24, 2024
To ensure timely and meaningful consultation, an AEA or, if
				  appropriate, an SEA must consult with private school representatives and
				  representatives of parents of parentally placed private school children with
				  disabilities during the design and development of special education and related
				  services for the children regarding the following:
(1)
Child find.
The child
				find process shall determine:
a. How
				parentally placed private school children suspected of having a disability can
				participate equitably; and
b. How
				parents, teachers, and private school officials will be informed of the
				process.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.135 - Written Affirmation

Current through Register Vol. 47, No. 3, July 24, 2024
When timely and meaningful consultation, as required by rule
				  281-41.134 (256,256B, 34CFR300
				 ), has occurred, the AEA must obtain a written affirmation signed by the
				  representatives of participating private schools. If the representatives do not
				  provide the affirmation within a reasonable period of time, the AEA must
				  forward the documentation of the consultation process to the
				  department.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.136 - Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
A private school official has the right to submit a
				complaint to the department that the AEA:
a.
				Did not engage in consultation that was meaningful and timely; or
b. Did not give due consideration to the
				views of the private school official.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.137 - Equitable Services Determined

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Nature
				and scope of individual right to special education and related
				services.
Each parentally placed private school child with a
				disability has a right to receive any special education or related services
				permitted by Iowa Code section
				256.12. Funding for and
				accounting for such services shall be determined by the provisions of Part B of
				the Act, this chapter, and Iowa Code section
				256.12.
(2)
Decisions.
Decisions
				about the services that will be provided to parentally placed private school
				children with disabilities funded by Part B of the Act under rules
				281-41.130(256,256B, 34CFR300) to
				281-41.144 (256,256B, 34CFR300)
				must be made in accordance with subrules 41.134(4) and 41.137(3). The AEA must
				make the final decisions with respect to the services to be provided to
				eligible parentally placed private school children with disabilities and funded
				by Part B of the Act.
(3)
IEP for parentally placed private school children with
				disabilities.
The AEA or LEA must offer to develop an IEP for each
				child with a disability who is enrolled in a religious or other private school
				by the child's parents and develop an IEP if one is requested, pursuant to this
				chapter. An IEP is offered and prepared pursuant to Iowa Code section
				256.12. There is no need to
				prepare a services plan (see rule
				281-41.37 ( 34CFR300)) for such
				a student. A parent of a child with a disability who is voluntarily enrolled in
				a private school may not reject an IEP and demand a services plan instead. At
				any IEP team meeting for a parentally placed private school student with a
				disability, the AEA or LEA must ensure that a representative of the private
				school attends each meeting. If the representative cannot attend, the AEA or
				LEA shall use other methods to ensure participation by the private school,
				including individual or conference telephone calls.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.138 - Equitable Services Provided

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The services provided to parentally placed private
				school children with disabilities must be provided by personnel meeting the
				same standards as personnel providing services in the public schools, except
				that private elementary school and secondary school teachers who are providing
				equitable services to parentally placed private school children with
				disabilities do not have to meet the special education teacher requirements of
				rule 281-41.156 (256B, 34CFR300).
				Parentally placed private school children with disabilities receive the special
				education and related services required by Iowa Code section
				256.12, although the source of
				the funding for such education and services may be different than funding for
				education and services for children with disabilities in public
				schools.
(2)
Services
				provided in accordance with an IEP.
Each parentally placed private
				school child with a disability who will receive special education and related
				services pursuant to the Act and Iowa Code section
				256.12 must have an IEP
				developed in accordance with this chapter.
(3)
Provision of equitable
				services.
The provision of services pursuant to this rule and rules
				281-41.139 (256,256B, 34CFR300)
				to 281-41.143(256,256B, 34CFR300) must be provided by employees of a public
				agency or through contract by the public agency with an individual,
				association, agency, organization, or other entity.
(4)
Secular, neutral and
				nonideological.
Special education and related services, including
				materials and equipment, provided to parentally placed private school children
				with disabilities, including children attending religious schools, must be
				secular, neutral, and nonideological.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.139 - Location of Services and Transportation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Services on private school premises.
Services to parentally
				placed private school children with disabilities may be provided on the
				premises of private, including religious, schools to the extent consistent with
				Iowa Code section 256.12.
(2)
Transportation.
a.
General.
(1) If necessary for the child to benefit
				from or participate in the services provided under this chapter, a parentally
				placed private school child with a disability must be provided transportation
				from the child's school or the child's home to a site other than the private
				school and from the service site to the private school or to the child's home,
				depending on the timing of the services.
(2) AEAs or LEAs are not required to provide
				transportation from the child's home to the private school.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.140 - Due Process Complaints and State Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When
				due process complaints available.
Pursuant to Iowa Code section
				256.12, parents of children with
				disabilities who are voluntarily placed in accredited nonpublic schools may
				file a due process complaint as provided in rules
				281-41.504 (256B, 34CFR300) to
				281-41.519 (256B, 34CFR300),
				except as provided in subrule 41.140(2).
(2)
When due process complaints
				unavailable.
The procedures in rules 281-41.504(256B, 34CFR300) to
				281-41.519 (256B, 34CFR300) may
				not be used to challenge the particular amount of services funded by Part B
				that a parentally placed private school child with disabilities receives unless
				the allegation is made that the child was denied FAPE under Iowa Code section
				256.12, but a parent of a child
				with a disability may file a due process complaint alleging the AEA failed to
				comply with the child find requirements of rule 281-41.131(256,256B, 34CFR300
				). A private school official may not file a due process complaint under this
				chapter.
(3)
State
				complaints.
Any complaint that an SEA or AEA has failed to meet the
				requirements in rules 281-41.132(256,256B, 34CFR300) to
				281-41.135 (256,256B, 34CFR300)
				and 281-41.137(256,256B, 34CFR300) to
				281-41.144 (256,256B, 34CFR300)
				must be filed in accordance with the procedures described in rules
				281-41.151 (256B, 34CFR300) to
				281-41.153(256B, 34CFR300). A complaint filed by a private school official
				under subrule 41.136(1) must be filed with the SEA in accordance with the
				procedures in subrule 41.136(2).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.141 - Requirement That Funds Not Benefit a Private School

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Funds
				may not benefit private school.
An AEA may not use funds provided
				under Section 611 or 619 of the Act to finance the existing level of
				instruction in a private school or to otherwise benefit the private
				school.
(2)
Funds only for
				special education.
The AEA must use funds provided under Part B of the
				Act to meet the special education and related services needs of parentally
				placed private school children with disabilities, but not for meeting either of
				the following needs:
a. The needs of a private
				school; or
b. The general needs of
				the students enrolled in the private school.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.142 - Use of Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Use of
				public school personnel.
An AEA may use funds available under Sections
				611 and 619 of the Act to make public school personnel available in other than
				public facilities based on the following two criteria:
a. If and to the extent necessary to provide
				services under rules 281-41.130 (256,256B, 34CFR300)
				to 281-41.144(256,256B, 34CFR300) for parentally placed private school
				children with disabilities; and
b.
				If those services are not normally provided by the private
				school.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.143 - Separate Classes Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
An AEA may not use funds available under Section 611 or 619
				  of the Act for classes that are organized separately on the basis of school
				  enrollment or religion of the children if the classes are at the same site; and
				  the classes include both children enrolled in public schools and children
				  enrolled in private schools.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.144 - Property, Equipment, and Supplies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
A public agency must control and administer the funds
				used to provide special education and related services under rules
				281-41.137(256,256B, 34CFR300) to
				281-41.139 (256,256B, 34CFR300)
				and hold title to and administer materials, equipment, and property purchased
				with those funds for the uses and purposes provided in the Act.
(2)
Equipment and supplies on private
				school premises only while needed.
The public agency may place
				equipment and supplies in a private school for the period of time needed for
				the Part B program.
(3)
Public agency to supervise placement and use of equipment and
				supplies.
The public agency must ensure that the equipment and
				supplies placed in a private school are used only for Part B purposes and can
				be removed from the private school without remodeling the private school
				facility.
(4)
Duty to
				remove equipment and supplies.
The public agency must remove equipment
				and supplies from a private school if the equipment and supplies are no longer
				needed for Part B purposes or removal is necessary to avoid unauthorized use of
				the equipment and supplies for other than Part B purposes.
(5)
No Part B funds for repair or
				construction.
No funds under Part B of the Act may be used for
				repairs, minor remodeling, or construction of private school
				facilities.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.145 - Applicability of Rules 281-41.146 (256B,34CFR300) and 281-41.147 (256B,34CFR300)

Current through Register Vol. 47, No. 3, July 24, 2024
Rules
				  281-41.146 (256B, 34CFR300) and
				  281-41.147 (256B, 34CFR300)
				  apply only to children with disabilities who are or have been placed in or
				  referred to a private school or facility by a public agency as a means of
				  providing special education and related services.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.146 - Responsibility of Department

Current through Register Vol. 47, No. 3, July 24, 2024
The department must ensure the following for each child with
				  a disability who is placed in or referred to a private school or facility by a
				  public agency.
(1)
FAPE.
The child is provided special education and related
				services in conformance with an IEP that meets the requirements of rules
				281-41.320(256B, 34CFR300) to
				281-41.325 (256B, 34CFR300) and
				at no cost to the parents.
(2)
Meet state standards.
The child is provided an education that
				meets the standards that apply to education provided by the SEA and LEAs,
				including the requirements of this chapter except for subrule
				41.156(3).
(3)
All
				rights.
The child has all of the rights of a child with a disability
				who is served by a public agency.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.147 - Implementation by Department

Current through Register Vol. 47, No. 3, July 24, 2024
In implementing rule
				  281-41.146 (256B, 34CFR300),
				  the department must monitor compliance through procedures such as written
				  reports, on-site visits, and parent questionnaires; disseminate copies of
				  applicable standards to each private school and facility to which a public
				  agency has referred or placed a child with a disability; and provide an
				  opportunity for those private schools and facilities to participate in the
				  development and revision of state standards that apply to
				  them.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.149 - Sea Responsibility for General Supervision

Current through Register Vol. 47, No. 3, July 24, 2024
The state shall exercise general supervision over the
				  implementation of Part B of the Act and this chapter. Part B of the Act does
				  not limit the responsibility of agencies other than educational agencies for
				  providing or paying for some or all of the costs of FAPE to eligible
				  individuals.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.151 - Adoption of State Complaint Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state maintains written procedures for the
				following:
a. Resolving any complaint,
				including a complaint filed by an organization or individual from another
				state, that meets the requirements of rule
				281-41.153 (256B, 34CFR300) by
				providing for the filing of a complaint with the department.
b. Widely disseminating to parents and other
				interested individuals, including parent training and information centers,
				protection and advocacy agencies, independent living centers, and other
				appropriate entities, the state procedures under rules 281-41.151(256B,
				34CFR300) to 281-41.153 (256B, 34CFR300
				).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.152 - Minimum State Complaint Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time
				limit; minimum procedures.
The state shall include in its complaint
				procedures a time limit of 60 days after a complaint is filed under rule
				281-41.153(256B, 34CFR300) to do the following:
a. Carry out an independent on-site
				investigation, if the state determines that an investigation is
				necessary;
b. Give the complainant
				the opportunity to submit additional information, either orally or in writing,
				about the allegations in the complaint;
c. Provide the public agency with the
				opportunity to respond to the complaint, including, at a minimum:
(1) At the discretion of the public agency, a
				proposal to resolve the complaint; and
(2) An opportunity for a parent who has filed
				a complaint and the public agency to voluntarily engage in mediation consistent
				with rules 281-41.506 (256B, 34CFR300) and
				281-41.1002 (256B, 34CFR300
				);
d. Review all
				relevant information and make an independent determination as to whether the
				public agency is violating a requirement of Part B of the Act or of this
				chapter; and
e. Issue a written
				decision to the complainant that addresses each allegation in the complaint and
				contains:
(1) Findings of fact and
				conclusions; and
(2) The reasons
				for the state's final decision.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.153 - Filing a Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Complainant.
An organization or individual may file a signed
				written complaint under the procedures described in rules
				281-41.151 (256B, 34CFR300) and
				281-41.152(256B, 34CFR300).
(2)
Contents of complaint.
The complaint must include the
				following:
a. A statement that a public agency
				has violated a requirement of Part B of the Act or of this chapter;
b. The facts on which the statement is
				based;
c. The signature and contact
				information for the complainant; and
d. If alleging violations with respect to a
				specific child:
(1) The name and address of
				the residence of the child;
(2) The
				name of the school the child is attending;
(3) 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;
(4) A description of the
				nature of the problem of the child, including facts relating to the problem;
				and
(5) A proposed resolution of
				the problem to the extent known and available to the party at the time the
				complaint is filed.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.154 - Methods of Ensuring Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Interagency agreements.
An interagency agreement or other
				mechanism for interagency coordination shall be developed between each
				noneducational public agency described in subrule 41.154(2) and the SEA, in
				order to ensure that all services described in paragraph
				41.154(2)
"a"
that are needed to ensure FAPE are provided,
				including the provision of these services during the pendency of any dispute
				under paragraph
"c"
of this subrule. The agreement or
				mechanism must include the following:
a. An
				identification of, or a method for defining, the financial responsibility of
				each agency for providing services described in paragraph
				41.154(2)
"a"
to ensure FAPE to children with disabilities. The
				financial responsibility of each noneducational public agency described in
				subrule 41.154(2), including the state Medicaid agency and other public
				insurers of children with disabilities, must precede the financial
				responsibility of the LEA (or the state agency responsible for developing the
				child's IEP).
b. The conditions,
				terms, and procedures under which an LEA must be reimbursed by other
				agencies.
c. Procedures for
				resolving interagency disputes, including procedures under which LEAs may
				initiate proceedings, under the agreement or other mechanism to secure
				reimbursement from other agencies or otherwise implement the provisions of the
				agreement or mechanism.
d. Policies
				and procedures for agencies to determine and identify the interagency
				coordination responsibilities of each agency to promote the coordination and
				timely and appropriate delivery of services described in paragraph
				41.154(2)
"a."
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.155 - Hearings Relating to Aea or Lea Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall not make any final determination that an
				  AEA or LEA is not eligible for assistance under Part B of the Act without first
				  giving the AEA or LEA reasonable notice and an opportunity for a hearing under
				  34 CFR
				  76.401(d).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.156 - Personnel Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The SEA must establish and maintain qualifications to
				ensure that personnel necessary to carry out the purposes of Part B of the Act
				and of this chapter are appropriately and adequately prepared, trained, and
				licensed, including ensuring that those personnel have the content knowledge
				and skills to serve children with disabilities.
(2)
Related services personnel and
				paraprofessionals.
The qualifications under subrule 41.156(1) must
				include qualifications for related services personnel and paraprofessionals
				that:
a. Are consistent with any
				state-approved or state-recognized certification, licensing, registration, or
				other comparable requirements that apply to the professional discipline in
				which those personnel are providing special education or related services;
				and
b. Ensure that related services
				personnel who deliver services in their discipline or profession:
(1) Meet the requirements of paragraph
				41.156(2)
"a"
; and
(2) Have not had certification or licensure
				requirements waived on an emergency, temporary, or provisional basis;
				and
(3) Allow paraprofessionals and
				assistants who are appropriately trained and supervised, in accordance with
				state law, regulation, or written policy, in meeting the requirements of this
				chapter to be used to assist in the provision of special education and related
				services under this chapter to children with disabilities.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.160 - Participation in Assessments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state must ensure that all children with
				disabilities are included in all general state and districtwide assessment
				programs, including assessments described under Section 1111 of the ESEA,
				20 U.S.C. Section
				6311, with appropriate accommodations and
				alternate assessments, if necessary, as indicated in their respective
				IEPs.
(2)
Accommodation
				guidelines.
a. The state (or, in the
				case of a districtwide assessment, an LEA) must develop guidelines for the
				provision of appropriate accommodations.
b. The state's (or, in the case of a
				districtwide assessment, the LEA's) guidelines must:
(1) Identify only those accommodations for
				each assessment that do not invalidate the score; and
(2) Instruct IEP teams to select, for each
				assessment, only those accommodations that do not invalidate the
				score.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.162 - Supplementation of State, Local, and Other Federal Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Expenditures.
Funds paid to a state under this chapter must be
				expended in accordance with all the provisions of this chapter.
(2)
Prohibition against
				commingling.
a. Funds paid to a
				state under this chapter must not be commingled with state funds.
b. The requirement in paragraph
				41.162(2)
"a"
is satisfied by the use of a separate accounting
				system that includes an audit trail of the expenditure of funds paid to a state
				under this chapter. Separate bank accounts are not required. (See
				34 CFR
				76.702, fiscal control and fund accounting
				procedures.)
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.163 - Maintenance of State Financial Support

Current through Register Vol. 47, No. 3, July 24, 2024
The state must not reduce the amount of state financial
				  support for special education and related services for children with
				  disabilities, or otherwise made available because of the excess costs of
				  educating those children, below the amount of that support for the preceding
				  fiscal year.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.165 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Prior to the adoption of any policies and procedures
				needed to comply with Part B of the Act, including any amendments to those
				policies and procedures, the state must ensure that there are public hearings,
				adequate notice of the hearings, and an opportunity for comment available to
				the general public, including individuals with disabilities and parents of
				children with disabilities.
(2)
State plan.
Before submitting a state plan under this chapter,
				the state must comply with the public participation requirements in subrule
				41.165(1) and those in 20
				U.S.C.
				1232d(b)(7).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.166 - Rule of Construction

Current through Register Vol. 47, No. 3, July 24, 2024
In complying with rules
				  281-41.162 (256B, 34CFR300) and
				  281-41.163 (256B, 34CFR300),
				  the state may not use funds paid to it under this chapter to satisfy
				  state-mandated funding obligations to LEAs, including funding based on student
				  attendance or enrollment, or inflation.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.168 - Advisory Panel Membership

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The advisory panel must consist of members appointed
				by the director of education, be representative of the state population and be
				composed of individuals involved in or concerned with the education of children
				with disabilities, including:
a. Parents of
				children with disabilities aged birth to 26;
b. Individuals with disabilities;
c. Teachers;
d. Representatives of institutions of higher
				education that prepare special education and related services
				personnel;
e. State and local
				education officials, including officials who carry out activities under
				Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act,
				42 U.S.C.
				11431 et seq.;
f. Administrators of programs for children
				with disabilities;
g.
				Representatives of other state agencies involved in the financing or delivery
				of related services to children with disabilities;
h. Representatives of private schools and
				public charter schools;
i. At least
				one representative of a vocational, community, or business organization
				concerned with the provision of transition services to children with
				disabilities;
j. A representative
				from the state child welfare agency responsible for foster care; and
k. Representatives from the state juvenile
				and adult corrections agencies.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.169 - Advisory Panel Duties

Current through Register Vol. 47, No. 3, July 24, 2024
The advisory panel must:
1. Advise the department of unmet needs
				within the state in the education of children with disabilities;
2. Comment publicly on any rules or
				regulations proposed by the state regarding the education of children with
				disabilities;
3. Advise the
				department in developing evaluations and reporting on data to the Secretary
				under Section 618 of the Act;
4.
				Advise the department in developing corrective action plans to address findings
				identified in federal monitoring reports under Part B of the Act;
5. Advise the department in developing and
				implementing policies relating to the coordination of services for children
				with disabilities; and
6. Advise
				the department on eligible individuals with disabilities in adult
				prisons.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.170 - Suspension and Expulsion Rates

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The department must examine data, including data
				disaggregated by race and ethnicity, to determine if significant discrepancies
				are occurring in the rate of long-term suspensions and expulsions of children
				with disabilities:
a. Among LEAs in the
				state; or
b. Compared to the rates
				for nondisabled children within an LEA.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.172 - Access to Instructional Materials

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state:
a.
				Adopts the National Instructional Materials Accessibility Standard (NIMAS)
				published in the Federal Register on July 19, 2006 (71 Fed. Reg. 41084), for
				the purposes of providing instructional materials to persons who are blind or
				visually impaired or other persons with print disabilities in a timely manner;
				and
b. Establishes the following
				definition of "timely manner" for purposes of this chapter: Providing
				instructional materials in accessible formats to children with disabilities in
				a "timely manner" means delivering those accessible instructional materials at
				the same time as other children receive instructional materials.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.173 - Overidentification and Disproportionality

Current through Register Vol. 47, No. 3, July 24, 2024
Each public agency shall implement policies and procedures
				  developed by the department designed to prevent the inappropriate
				  overidentification or disproportionate representation by race and ethnicity of
				  children as children with disabilities, including children with disabilities
				  with a particular impairment.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.174 - Prohibition on Mandatory Medication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
No public agency personnel are permitted to require
				parents to obtain a prescription for substances identified under Schedule I,
				II, III, IV, or V in Section 202(c) of the Controlled Substances Act
				(21 U.S.C.
				812(c)) for a child as a
				condition of attending school, receiving an evaluation or services under Part B
				or this chapter.
(2)
Rule
				of construction.
Nothing in subrule 41.174(1) shall be construed to
				create a federal prohibition against teachers and other school personnel
				consulting or sharing classroom-based observations with parents or guardians
				regarding a student's academic and functional performance, or behavior in the
				classroom or school, or regarding the need for evaluation for special education
				or related services under rule
				281-41.111 (256B, 34CFR300)
				related to child find.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.176 - Special School Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Providers.
Special schools for eligible individuals who
				require special education outside the general education environment may be
				maintained by individual LEAs, jointly by two or more LEAs, by the AEA, jointly
				by two or more AEAs, by the state directly, or by approved private
				providers.
(2)
Department
				recognition.
Department recognition of agencies providing special
				education and related services shall be of two types:
a. Recognition of nonpublic agencies and
				state-operated programs providing special education and related services in
				compliance with these rules.
b.
				Approval for nonpublic agencies to provide special education and related
				services and to receive special education funds for the special education and
				related services contracted for by an LEA or an AEA.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.177 - Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Equivalent to general education.
Each agency providing special
				education and related services shall supply facilities that shall be at least
				equivalent in quality to general education classrooms in the system, located in
				buildings housing regularly enrolled individuals of comparable ages, and
				readily accessible to individuals with disabilities.
(2)
Personnel space and
				assistance.
Each agency providing special education shall ensure that
				special education personnel are provided adequate access to telephone service
				and clerical assistance and sufficient and appropriate work space regularly
				available for their use that is readily accessible to individuals with
				disabilities.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.178 - Materials, Equipment and Assistive Technology

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Provision for materials, equipment, and assistive technology.
Each LEA shall make provision for special education and related services,
				facility modifications, assistive technology, necessary equipment and
				materials, including both durable items and expendable supplies; provided that,
				where an AEA, pursuant to appropriate arrangements authorized by the Iowa Code,
				furnishes special education and related services, performance by the AEA shall
				be accepted in lieu of performance by the LEA.
(2)
Acquire and maintain
				equipment.
Each agency providing special education and related
				services shall have a comprehensive program in operation under which equipment
				for special education is acquired, inventoried, maintained, calibrated and
				replaced on a planned and regular basis.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.186 - Assistance Under Other Federal Programs

Current through Register Vol. 47, No. 3, July 24, 2024
Part B of the Act will not be construed to permit a state to
				  reduce medical and other assistance available, or to alter eligibility, under
				  Titles V and XIX of the Social Security Act with respect to the provision of
				  FAPE to children with disabilities in the state.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.187 - Research, Innovation, and Improvement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Evaluation and improvement.
Each agency, in conjunction with
				other agencies, the department, or both, shall implement activities designed to
				evaluate and improve special education. These activities shall document the
				individual performance resulting from the provision of special
				education.
(2)
Research.
Each agency shall cooperate in research activities
				designed to evaluate and improve special education when such activities are
				sponsored by an LEA, an AEA or the department, or another agency, when approved
				by the department, to assess and ensure the effectiveness of efforts to educate
				all children with disabilities.
(3)
Support and facilitation.
State rules, regulations, and
				policies under Part B of the Act must support and facilitate AEA, LEA and
				school-level system improvement designed to enable children with disabilities
				to meet the challenging state student academic achievement standards.