reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.4 - Area Education Agency

Current through Register Vol. 47, No. 3, July 24, 2024
"Area education agency" or "AEA" is a political subdivision
				  of the state organized pursuant to Iowa Code chapter 273. An area education
				  agency, depending on context, may be a local educational agency as defined in
				  rule 281-41.28 (256B, 34CFR300), an
				  educational service agency as defined in rule
				  281-41.12 (256B, 34CFR300), or
				  both simultaneously.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.5 - Assistive Technology Device

Current through Register Vol. 47, No. 3, July 24, 2024
"Assistive technology device" means any item, piece of
				  equipment, or product system, whether acquired commercially off the shelf,
				  modified, or customized, that is used to increase, maintain, or improve the
				  functional capabilities of a child with a disability. The term does not include
				  a medical device that is surgically implanted or the replacement of such
				  device.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.6 - Assistive Technology Service

Current through Register Vol. 47, No. 3, July 24, 2024
"Assistive technology service" means any service that
				  directly assists a child with a disability in the selection, acquisition, or
				  use of an assistive technology device. The term includes the following:
1. The evaluation of the needs of a child
				with a disability, including a functional evaluation of the child in the
				child's customary environment;
2.
				Purchasing, leasing, or otherwise providing for the acquisition of assistive
				technology devices by children with disabilities;
3. Selecting, designing, fitting,
				customizing, adapting, applying, maintaining, repairing, or replacing assistive
				technology devices;
4. Coordinating
				and using other therapies, interventions, or services with assistive technology
				devices, such as those associated with existing education and rehabilitation
				plans and programs;
5. Training or
				technical assistance for a child with a disability or, if appropriate, that
				child's family; and
6. Training or
				technical assistance for professionals (including individuals providing
				education or rehabilitation services), employers, or other individuals who
				provide services to, employ, or are otherwise substantially involved in the
				major life functions of that child.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.7 - Charter School

Current through Register Vol. 47, No. 3, July 24, 2024
"Charter school" has the meaning given the term in Section
				  4310(2) of the Elementary and Secondary Education Act of 1965 as amended
				  through December 10, 2015, 20 U.S.C. 6301 et seq.
				  (ESEA).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.8 - Child With a Disability

Current through Register Vol. 47, No. 3, July 24, 2024
"Child with a disability" refers to a person under 21 years
				  of age, including a child under 5 years of age, who has a disability in
				  obtaining an education. The term includes an individual who is over 6 and under
				  16 years of age who, pursuant to the statutes of this state, is required to
				  receive a public education; an individual under 6 or over 16 years of age who,
				  pursuant to the statutes of this state, is entitled to receive a public
				  education; and an individual between the ages of 21 and 24 who, pursuant to the
				  statutes of this state, is entitled to receive special education and related
				  services. In federal usage, this refers to infants, toddlers, children and
				  young adults. In these rules, this term is synonymous with "child requiring
				  special education" and "eligible individual." "Disability in obtaining an
				  education" refers to a condition, identified in accordance with this chapter,
				  which, by reason thereof, causes a child to require special education and
				  support and related services.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.9 - 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 his or her native language, or through another mode
				of communication;
b. The parent
				understands and agrees in writing to the carrying out of the activity for which
				parental consent is sought, and the consent describes that activity and lists
				the records (if any) that will be released and to whom; 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 VII - Special Education › Chapter 41 - Special Education › Rule 281-41.10 - Core Academic Subjects

Current through Register Vol. 47, No. 3, July 24, 2024
"Core academic subjects" means English, reading or language
				  arts, mathematics, science, foreign languages, civics and government,
				  economics, arts, history, and geography.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.11 - Day; Business Day; School Day

Current through Register Vol. 47, No. 3, July 24, 2024
"Day" means calendar day unless otherwise indicated as
				  business day or school day.
1.
				"Business day" means Monday through Friday, except for federal and state
				holidays, unless holidays are specifically included in the designation of
				business day, as in paragraph 41.148(4)
"b."
2. "School day" means any day, including a
				partial day, when children are in attendance at school for instructional
				purposes. School day has the same meaning for all children in school, including
				children with and without disabilities. The length of the school day for an
				eligible individual shall be the same as that determined by the local
				educational agency's board of directors for all other individuals, unless a
				shorter day or longer day is prescribed in the eligible individual's
				individualized education program.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.12 - Educational Service Agency

Current through Register Vol. 47, No. 3, July 24, 2024
"Educational service agency" means a regional public
				  multiservice agency that is authorized by state law to develop, manage, and
				  provide services or programs to LEAs; and is recognized as an administrative
				  agency for purposes of the provision of special education and related services
				  provided within public elementary schools and secondary schools of the state.
				  "Educational service agency" includes any other public institution or agency
				  that has administrative control and direction over a public elementary school
				  or secondary school and includes entities that meet the definition of
				  intermediate educational unit in Section 602(23) of the Act as in effect prior
				  to June 4, 1997.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.14 - Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
"Equipment" means machinery, utilities, and built-in
				  equipment and any necessary enclosures or structures to house the machinery,
				  utilities, or equipment. "Equipment" includes other items necessary for the
				  functioning of a particular facility as a facility for the provision of
				  educational services, including items such as instructional equipment and
				  necessary furniture; printed, published and audio-visual instructional
				  materials; telecommunications, sensory, and other technological aids and
				  devices; and books, periodicals, documents, and other related
				  materials.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.15 - Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
Evaluation" means procedures used in accordance with rules
				  281-41.304 (256B, 34CFR300) to
				  281-41.311 (256B, 34CFR300) to
				  determine whether a child has a disability and the nature and extent of the
				  special education and related services that the child needs.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.16 - Excess Costs

Current through Register Vol. 47, No. 3, July 24, 2024
"Excess costs" means those costs that are in excess of the
				  average annual per-student expenditure in an LEA during the preceding school
				  year for an elementary school or secondary school student, as may be
				  appropriate, and that must be computed after deducting the following:
(1)
Certain federal funds.
Amounts received under Part B of the Act; under Part A of Title I of the ESEA;
				and under Part A of Title III of the ESEA; and
(2)
Certain state or local
				funds.
Any state or local funds expended for programs that would
				qualify for assistance under subrule 41.16(1), but excluding any amounts for
				capital outlay or debt service.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.17 - Free Appropriate Public Education

Current through Register Vol. 47, No. 3, July 24, 2024
Free appropriate public education" or "FAPE" 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 SEA, including the requirements of this chapter; that include an
				  appropriate preschool, elementary school, or secondary school education; and
				  that are provided in conformity with an individualized education program (IEP)
				  that meets the requirements of rules
				  281-41.320 (256B, 34CFR300) to
				  281-41.324 (256B, 34CFR300
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.19 - Homeless Children

Current through Register Vol. 47, No. 3, July 24, 2024
Homeless children" has the meaning given the term "homeless
				  children and youths" in Section 725 (42 U.S.C. 11434a) of the
				  McKinney-Vento Homeless Assistance Act as amended through August 14, 2006,
				  42 U.S.C.
				  11431 et seq.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.21 - Indian and Indian Tribe

Current through Register Vol. 47, No. 3, July 24, 2024
Indian" means an individual who is a member of an Indian
				  tribe. "Indian tribe" means any federal or state Indian tribe, settlement,
				  band, rancheria, pueblo, colony, or community, including any Alaska native
				  village or regional village corporation as defined in or established under the
				  Alaska Native Claims Settlement Act,
				  43 U.S.C.
				  1601 et seq.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.22 - Individualized Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
"Individualized education program" or "IEP" means a written
				  statement for a child with a disability that is developed, reviewed, and
				  revised in accordance with rules
				  281-41.320 (256B, 34CFR300) to
				  281-41.324 (256B, 34CFR300). A
				  single IEP for each eligible individual, which specifies all the special
				  education and related services the eligible individual is to receive, is
				  required.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.23 - Individualized Education Program Team

Current through Register Vol. 47, No. 3, July 24, 2024
"Individualized education program team" or "IEP team" means a
				  group of individuals described in rule
				  281-41.321 (256B, 34CFR300)
				  that is responsible for developing, reviewing, or revising an IEP for a child
				  with a disability.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.25 - Infant or Toddler With a Disability

Current through Register Vol. 47, No. 3, July 24, 2024
"Infant or toddler with a disability" means an individual
				  under three years of age who needs early intervention services either because
				  the individual has a condition, based on informed clinical opinion, known to
				  have a high probability of resulting in later delays in growth and development
				  if early intervention services are not provided; or the individual has a
				  developmental delay, which is a 25 percent delay as measured by appropriate
				  diagnostic instruments and procedures, based on informed clinical opinion, in
				  one or more of the following developmental areas: cognitive development,
				  physical development including vision and hearing, communication development,
				  social or emotional development, or adaptive development.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.26 - Institution of Higher Education

Current through Register Vol. 47, No. 3, July 24, 2024
"Institution of higher education" has the meaning given the
				  term in Section 101 of the Higher Education Act of 1965 as amended through
				  August 14, 2006, 20 U.S.C.
				  1021 et seq. (HEA); and also includes any
				  community college receiving funds from the Secretary of the Interior under the
				  Tribally Controlled Community College or University Assistance Act of 1978,
				  25 U.S.C.
				  1801 et seq.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.28 - Local Educational Agency

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
"Local educational agency" or "LEA" means a public
				board of education or other public authority legally constituted within a state
				for either administrative control or direction of, or to perform a service
				function for, public elementary or secondary schools in a city, county,
				township, school district, or other political subdivision of a state, or for a
				combination of school districts or counties as are recognized in a state as an
				administrative agency for its public elementary schools or secondary
				schools.
(2)
Educational
				service agencies and other public institutions or agencies.
The term
				includes an educational service agency, as defined in rule 281-41.12(256B,
				34CFR300) and any other public institution or agency having administrative
				control and direction of a public elementary school or secondary school,
				including a public nonprofit charter school that is established as an LEA under
				state law.
(3)
BIA-funded
				schools.
The term includes an elementary school or secondary school
				funded by the Bureau of Indian Affairs, and not subject to the jurisdiction of
				any SEA other than the Bureau of Indian Affairs, but only to the extent that
				the inclusion makes the school eligible for programs for which specific
				eligibility is not provided to the school in another provision of law and the
				school does not have a student population that is smaller than the student
				population of the LEA receiving assistance under the Act with the smallest
				student population.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.29 - Native Language

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
"Native language," when used with respect to an
				individual who is limited English proficient, means the following:
a. The language normally used by that
				individual or, in the case of a child, the language normally used by the
				parents of the child; or
b. The
				language normally used by the child in the home or learning environment; this
				language shall be considered "native language" in all direct contact with a
				child, including evaluation of the child.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.30 - Parent

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
"Parent" means:
a.
				A biological or adoptive parent of a child;
b. A foster parent, unless state law,
				regulations, or contractual obligations with a state or local entity prohibit a
				foster parent from acting as a parent;
c. A guardian generally authorized to act as
				the child's parent, or authorized to make educational decisions for the child,
				but not the state if the child is a ward of the state;
d. An individual acting in the place of a
				biological or adoptive parent including a grandparent, stepparent, or other
				relative with whom the child lives or an individual who is legally responsible
				for the child's welfare; or
e. A
				surrogate parent who has been appointed in accordance with rule
				281-41.519(256B, 34CFR300) or
				20 U.S.C.
				1439(a)(5).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.32 - Personally Identifiable

Current through Register Vol. 47, No. 3, July 24, 2024
"Personally identifiable" means information that contains the
				  name of the child, the child's parent, or other family member; the address of
				  the child; a personal identifier, such as the child's social security number or
				  student number; or a list of personal characteristics or other information that
				  would make it possible to identify the child with reasonable
				  certainty.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.33 - Public Agency; Nonpublic Agency; Agency

Current through Register Vol. 47, No. 3, July 24, 2024
"Public agency" includes the SEA, LEAs, ESAs, nonprofit
				  public charter schools that are not otherwise included as LEAs or ESAs and are
				  not a school of an LEA or ESA, and any other political subdivisions of the
				  state that are responsible for providing education to children with
				  disabilities. "Nonpublic agency" includes any private organization of whatever
				  form that is responsible for providing education to children with disabilities
				  and that is not a public agency. "Agency" includes public agencies and
				  nonpublic agencies.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.34 - Related Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
"Related services" means transportation and such
				developmental, corrective, and other supportive services as are required to
				assist a child with a disability to benefit from special education. "Related
				services" includes speech-language pathology and audiology services;
				interpreting services; psychological services; physical and occupational
				therapy; recreation, including therapeutic recreation; early identification and
				assessment of disabilities in children; counseling services, including
				rehabilitation counseling; orientation and mobility services; and medical
				services for diagnostic or evaluation purposes. "Related services" also
				includes school health services and school nurse services, social work services
				in schools, and parent counseling and training.
(2)
Exception; services that apply to
				children with surgically implanted devices, including cochlear
				implants.
a. "Related services" does
				not include a medical device that is surgically implanted, the optimization of
				that device's functioning (e.g., mapping), maintenance of that device, or the
				replacement of that device.
b.
				Nothing in paragraph
"a"
of this subrule shall:
(1) Limit the right of a child with a
				surgically implanted device (e.g., cochlear implant) to receive related
				services as listed in subrule 41.34(1) that are determined by the IEP team to
				be necessary for the child to receive FAPE;
(2) Limit the responsibility of a public
				agency to appropriately monitor and maintain medical devices that are needed to
				maintain the health and safety of the child, including breathing, nutrition, or
				operation of other bodily functions, while the child is transported to and from
				school or is at school; or
(3)
				Prevent the routine checking of an external component of a surgically implanted
				device to make sure it is functioning properly, as required in rule
				281-41.113(256B, 34CFR300).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.36 - Secondary School

Current through Register Vol. 47, No. 3, July 24, 2024
"Secondary school" means a nonprofit institutional day or
				  residential school, including a public secondary charter school, that provides
				  secondary education, as determined under state law, except that it does not
				  include any education beyond grade 12.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.39 - Special Education

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
"Special education" means specially designed
				instruction, at no cost to the parents, to meet the unique needs of a child
				with a disability, including:
a. Instruction
				conducted in the classroom, in the home, in hospitals and institutions, and in
				other settings; and
b. Instruction
				in physical education.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.41 - State Educational Agency

Current through Register Vol. 47, No. 3, July 24, 2024
"State educational agency" or "SEA" means the state board of
				  education or other agency or officer primarily responsible for the state
				  supervision of public elementary schools and secondary schools, or, if there is
				  no such officer or agency, an officer or agency designated by the governor or
				  by state law.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.42 - Supplementary Aids and Services

Current through Register Vol. 47, No. 3, July 24, 2024
"Supplementary aids and services" means aids, services, and
				  other supports that are provided in regular education classes, other
				  education-related settings, and in extracurricular and nonacademic settings, to
				  enable children with disabilities to be educated with nondisabled children to
				  the maximum extent appropriate in accordance with rules
				  281-41.114 (256B, 34CFR300) to
				  281-41.116 (256B, 34CFR300
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.43 - Transition Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
"Transition services" means a coordinated set of
				activities for a child with a disability and meets the following description:
a. Is designed to be within a
				results-oriented process that is focused on improving the academic and
				functional achievement of the child with a disability to facilitate the child's
				movement from school to postschool activities, including postsecondary
				education, vocational education, integrated employment (including supported
				employment), continuing and adult education, adult services, independent
				living, or community participation;
b. Is based on the individual child's needs,
				taking into account the child's strengths, preferences, and interests; and
				includes the following:
(1)
				Instruction;
(2) Related
				services;
(3) Community
				experiences;
(4) The development of
				employment and other post-school adult living objectives; and
(5) If appropriate, acquisition of daily
				living skills and provision of a functional vocational evaluation.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.44 - Universal Design

Current through Register Vol. 47, No. 3, July 24, 2024
"Universal design" has the meaning given the term in Section
				  3 of the Assistive Technology Act of 1998 as amended through August 14, 2006,
				  29 U.S.C.
				  3002.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.45 - Ward of the State

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Subject to subrules 41.45(2) and 41.45(3), "ward of
				the state" means a child who, as determined by the state where the child
				resides, is:
a. A foster child;
b. In the custody of a public child welfare
				agency; or
c. A ward of the
				state.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.50 - Other Definitions Associated With Identification of Eligible Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
The following terms may be encountered in the identification
				  of children with disabilities.
(1)
Autism.
"Autism" means a developmental disability
				significantly affecting verbal and nonverbal communication and social
				interaction, generally evident before the age of three, which adversely affects
				a child's educational performance. Other characteristics often associated with
				autism are engagement in repetitive activities and stereotyped movements,
				resistance to environmental change or change in daily routines, and unusual
				responses to sensory experiences. Autism does not apply if a child's
				educational performance is adversely affected primarily because the child has a
				behavior disorder, as defined in subrule 41.50(2). A child who manifests the
				characteristics of autism after the age of three could be identified as having
				autism if the criteria in the first sentence of this subrule are satisfied.
				This term includes all conditions described by the term "autism spectrum
				disorder," which adversely affects a child's educational performance.
(2)
Behavior disorder.
"Behavior disorder" (or emotional disturbance) means any condition that
				exhibits one or more of the following five characteristics over a long period
				of time and to a marked degree that adversely affects a child's educational
				performance.
a. An inability to learn that
				cannot be explained by intellectual, sensory, or health factors.
b. An inability to build or maintain
				satisfactory interpersonal relationships with peers and teachers.
c. Inappropriate types of behavior or
				feelings under normal circumstances.
d. A general pervasive mood of unhappiness or
				depression.
e. A tendency to
				develop physical symptoms or fears associated with personal or school
				problems.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.100 - Eligibility for Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
To be eligible for assistance under Part B of the Act for a
				  fiscal year, the state shall submit a plan that provides assurances to the
				  Secretary that the state has in effect policies and procedures to ensure that
				  the state meets the conditions in rules
				  281-41.101 (256B, 34CFR300) to
				  281-41.176
				  (256B).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.101 - Free Appropriate Public Education (FAPE)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
A free appropriate public education must be available
				to all children residing in the state for the time period permitted by Iowa
				Code chapter 256B, including children with disabilities who have been suspended
				or expelled from school, as provided for in subrule 41.530(4).
(2)
FAPE for children beginning at
				the age of three.
The state shall ensure that:
a. The obligation to make FAPE available to
				each eligible child residing in the state begins no later than the child's
				third birthday; and
b. An IEP is in
				effect for the child by that date.
c. If a child's third birthday occurs during
				the summer, the child's IEP team shall determine the date when services under
				the IEP will begin.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.102 - Limitation-exceptions to Fape for Certain Ages

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exceptions.
The obligation to make FAPE available to all
				children with disabilities does not apply with respect to the following:
a. Children over the age provided in Iowa
				Code chapter 256B, unless otherwise provided in this rule.
b. Certain children incarcerated in adult
				prisons.
(1) General. A child aged 18 to 21
				who, in the last educational placement prior to incarceration in an adult
				correctional facility:
1. Was not actually
				identified as being a child with a disability under this chapter; and
2. Did not have an IEP under Part B of the
				Act.
(2) Inapplicability
				of exception. The exception in subparagraph 41.102(1)
"b"
(1)
				does not apply to a child with disabilities, aged 18 to 21, who:
1. Had been identified as a child with a
				disability under this chapter and had received services in accordance with an
				IEP, but who left school prior to incarceration; or
2. Did not have an IEP in the child's last
				educational setting, but who had actually been identified as a child with a
				disability under this chapter.
c. Graduates with a regular high school
				diploma.
(1) General. Children with
				disabilities who have graduated from high school with a regular high school
				diploma.
(2) Inapplicability of
				exception. The exception in subparagraph 41.102(1)
"c"
(1) does
				not apply to children who have graduated from high school but have not been
				awarded a regular high school diploma.
(3) Graduation is a change in placement.
				Graduation from high school with a regular high school diploma constitutes a
				change in placement requiring written prior notice in accordance with rule
				281-41.503(256B, 34CFR300).
(4)
				Rule of construction. As used in subparagraphs 41.102(1)
"c"
(1)
				to (3), the term "regular high school diploma" means the standard high school
				diploma awarded to the preponderance of students in the state that is fully
				aligned with state standards, or a higher diploma, except that a regular high
				school diploma shall not be aligned to the alternate academic achievement
				standards described in Section 1111(b)(1)(E) of the ESEA. A regular high school
				diploma does not include a recognized equivalent of a diploma, such as a
				general equivalency diploma, certificate of completion, certificate of
				attendance, or similar lesser credential.
d. Reserved.
e. Eligibility beyond period specified in
				Iowa Code chapter 256B. An agency may continue the special education and
				related services of an eligible individual beyond the time period specified in
				the Iowa Code if the person had an accident or prolonged illness that resulted
				in delays in the initiation of or in the interruption of that individual's
				special education program. The AEA director of special education must request
				approval from the department, which may be granted for up to the individual's
				twenty-fourth birthday.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.103 - Fape-methods and Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
All
				means available to meet Part B requirements.
The state may use
				whatever state, local, federal, and private sources of support that are
				available in the state to meet the requirements of Part B of the Act.
(2)
Third-party obligations not
				eliminated.
Nothing in this chapter relieves an insurer or similar
				third party from an otherwise valid obligation to provide or to pay for
				services provided to a child with a disability.
(3)
No delay in implementing an
				IEP.
Consistent with rule
				281-41.323 (256B, 34CFR300),
				there shall be no delay in implementing an eligible individual's IEP, including
				any case in which the payment source for providing or paying for special
				education and related services to the child is being
				determined.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.104 - Residential Placement

Current through Register Vol. 47, No. 3, July 24, 2024
If placement in a public or private residential program is
				  necessary to provide special education and related services to an eligible
				  individual, the program, including nonmedical care and room and board, must be
				  at no cost to the parents of the child.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.105 - Assistive Technology

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each public agency must ensure that assistive
				technology devices or assistive technology services, or both, as those terms
				are defined in rules 281-41.5 (256B, 34CFR300) and
				281-41.6 (256B, 34CFR300),
				respectively, are made available to a child with a disability if required as a
				part of the child's:
a. Special education
				under rule 281-41.39 (256B, 34CFR300
				);
b. Related services under rule
				281-41.34(256B, 34CFR300); or
c.
				Supplementary aids and services under rule
				281-41.42 (256B, 34CFR300) and
				paragraph 41.114(2)
"b."
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.106 - Extended School Year Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each public agency must ensure that extended school
				year services are available as necessary to provide FAPE.
a. Extended school year services must be
				provided only if a child's IEP team determines, on an individual basis, in
				accordance with rules
				281-41.320 (256B, 34CFR300) to
				281-41.324 (256B, 34CFR300),
				that the services are necessary for the provision of FAPE to the
				child.
b. In implementing the
				requirements of this rule, a public agency may not limit extended school year
				services to particular categories of disability or unilaterally limit the type,
				amount, or duration of those services.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.107 - Nonacademic Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each public agency must take steps, including the
				provision of supplementary aids and services determined appropriate and
				necessary by the child's IEP team, to provide nonacademic and extracurricular
				services and activities in the manner necessary to afford children with
				disabilities an equal opportunity for participation in those services and
				activities.
(2)
Definition.
Nonacademic and extracurricular services and
				activities may include counseling services, athletics, transportation, health
				services, recreational activities, special interest groups or clubs sponsored
				by the public agency, referrals to agencies that provide assistance to
				individuals with disabilities, and employment of students, including both
				employment by the public agency and assistance in making outside employment
				available.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.108 - Physical Education

Current through Register Vol. 47, No. 3, July 24, 2024
All public agencies in the state shall comply with the
				  following:
(1)
General.
Physical education services, specially designed if
				necessary, must be made available to every child with a disability receiving
				FAPE, unless the public agency enrolls children without disabilities and does
				not provide physical education to children without disabilities in the same
				grades.
(2)
Regular
				physical education.
Each child with a disability must be afforded the
				opportunity to participate in the regular physical education program available
				to nondisabled children unless the child is enrolled full-time in a separate
				facility or the child needs specially designed physical education, as
				prescribed in the child's IEP.
(3)
Special physical education.
If specially designed physical
				education is prescribed in a child's IEP, the public agency responsible for the
				education of that child must provide the services directly or make arrangements
				for those services to be provided through other public or private
				programs.
(4)
Education in
				separate facilities.
The public agency responsible for the education
				of a child with a disability who is enrolled in a separate facility must ensure
				that the child receives appropriate physical education services in compliance
				with this rule.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.109 - Full Educational Opportunity Goal (FEOG)

Current through Register Vol. 47, No. 3, July 24, 2024
Each public agency shall ensure the provision of full
				  educational opportunity to children requiring special education. Each public
				  agency shall have in effect policies and procedures to demonstrate that the
				  agency has established a goal of providing full educational opportunity to all
				  children with disabilities, aged birth to 21, and a detailed timetable for
				  accomplishing that goal.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.110 - Program Options

Current through Register Vol. 47, No. 3, July 24, 2024
Each public agency shall take steps to ensure that its
				  children with disabilities have available to them the variety of educational
				  programs and services available to nondisabled children in the area served by
				  the agency, including art, music, industrial arts, consumer and homemaking
				  education, and vocational education.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.111 - Child Find

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
All children with disabilities residing in the state,
				including children with disabilities who are homeless children or are wards of
				the state and children with disabilities who attend private schools, regardless
				of the severity of their disability, and who are in need of special education
				and related services, must be identified, located, and evaluated; and a
				practical method must be developed and implemented to determine which children
				are currently receiving needed special education and related
				services.
(2)
High-quality
				general education instruction; general education interventions.
a. As a component of efficient and effective,
				high-quality general education instruction, it shall be the responsibility of
				the general education program of each LEA to provide additional support and
				assistance to all students who may need such additional support and assistance
				to attain the educational standards of the LEA applicable to all children.
				Receipt of such additional support and assistance, when considered alone, does
				not create a suspicion that a child is an eligible individual under this
				chapter. Activities under this paragraph shall be provided by general education
				personnel, with occasional or incidental assistance from special education
				instructional and support personnel.
b. General education interventions involving
				activities described in rule
				281-41.312 (256B, 34CFR300) are
				a recognized component of an AEA's child find policy pursuant to the policies
				set forth in subrule 41.407(1) and the procedures set forth in subrule
				41.407(2).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.112 - Individualized Education Programs (IEPs)

Current through Register Vol. 47, No. 3, July 24, 2024
An IEP, or an IFSP that meets the requirements of Section
				  636(d) of the Act (for eligible individuals aged birth to three), is developed,
				  reviewed, and revised for each child with a disability in accordance with rules
				  281-41.320 (256B, 34CFR300) to
				  281-41.324 (256B, 34CFR300),
				  except as provided in subparagraph
				  41.300(2)
"d"
(2).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.113 - Routine Checking of Hearing Aids and External Components of Surgically Implanted Medical Devices

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Hearing
				aids.
Each public agency must ensure that hearing aids worn in school
				by children who are deaf or hard of hearing are functioning properly.
(2)
External components of surgically
				implanted medical devices.
a.
				Subject to paragraph 41.113(2)
"b,"
each public agency must
				ensure that the external components of surgically implanted medical devices are
				functioning properly.
b. For a
				child with a surgically implanted medical device who is receiving special
				education and related services under this chapter, a public agency is not
				responsible for the postsurgical maintenance, programming, or replacement of
				the medical device that has been surgically implanted or of an external
				component of the surgically implanted medical device.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.114 - Least Restrictive Environment (LRE)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Except as provided in paragraph
				41.324(4)
"a"
regarding children with disabilities in adult
				prisons, each public agency in the state shall have policies and procedures in
				place to meet the LRE requirements of this rule and rules 281-41.115(256B,
				34CFR300) to 281-41.120 (256B, 34CFR300
				).
(2)
Public agency
				assurances.
Each public agency must ensure and maintain adequate
				documentation that:
a. To the maximum extent
				appropriate, children with disabilities, including children in public or
				private institutions or other care facilities, are educated with children who
				are nondisabled; and
b. Special
				classes, separate schooling, or other removal of children with disabilities
				from the general education environment occurs only if the nature or severity of
				the disability is such that education in regular classes with the use of
				supplementary aids and services cannot be achieved satisfactorily.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.115 - Continuum of Alternative Services and Placements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each public agency must ensure that a continuum of
				alternative services and placements is available to meet the needs of children
				with disabilities for special education and related services.
(2)
Requirements.
The
				continuum required in subrule 41.115(1) must meet the following requirements:
a. Include the alternative placements listed
				in the definition of special education under rule
				281-41.39 (256B, 34CFR300)
				(instruction in regular classes, special classes, special schools, home
				instruction, and instruction in hospitals and institutions); and
b. Make provision for supplementary services,
				such as resource room or itinerant instruction, to be provided in conjunction
				with regular class placement.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.116 - Placements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
In determining the educational placement of a child
				with a disability, including a preschool child with a disability, each public
				agency must ensure the following:
a. The
				placement decision shall be made:
(1) By a
				group of persons, including the parents and other persons knowledgeable about
				the child, the meaning of the evaluation data, and the placement options;
				and
(2) In conformity with the LRE
				provisions of this chapter, including rules
				281-41.114 (256B, 34CFR300) to
				281-41.118(256B, 34CFR300);
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.117 - Nonacademic Settings

Current through Register Vol. 47, No. 3, July 24, 2024
In providing or arranging for the provision of nonacademic
				  and extracurricular services and activities, including meals, recess periods,
				  and the services and activities set forth in rule
				  281-41.107 (256B, 34CFR300),
				  each public agency must ensure that each child with a disability participates
				  with nondisabled children in the extracurricular services and activities to the
				  maximum extent appropriate to the needs of that child. The public agency must
				  ensure that each child with a disability has the supplementary aids and
				  services determined by the child's IEP team to be appropriate and necessary for
				  the child to participate in nonacademic settings.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.118 - Children in Public or Private Institutions

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in rule
				  281-41.149 (256B, 34CFR300)
				  regarding agency responsibility for general supervision of some individuals in
				  adult prisons, the department must ensure that rule
				  281-41.114 (256B, 34CFR300) is
				  effectively implemented, including, if necessary, making arrangements with
				  public and private institutions such as a memorandum of agreement or special
				  implementation procedures.