reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.500 - Use of Funds, Payor of Last Resort, and System of Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statewide system.
The statewide system must include written
				policies and procedures that satisfy the following:
a. Use of funds provisions in rule
				281-120.501( 34CFR303); and
b.
				Payor of last resort provisions in rules
				281-120.510 ( 34CFR303) through
				281-120.521 ( 34CFR303)
				(regarding the identification and coordination of funding resources for, and
				the provision of, early intervention services under Part C of the Act within
				the state).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.501 - Permissive Use of Funds by the Department

Current through Register Vol. 47, No. 3, July 24, 2024
Consistent with rules
				  281-120.120 ( 34CFR303) through
				  281-120.122 ( 34CFR303) and
				  281-120.220 ( 34CFR303) through
				  281-120.226 ( 34CFR303), the
				  department may use funds under this chapter for activities or expenses that are
				  reasonable and necessary for implementing Early ACCESS, including funds:
(1) For direct early intervention services
				for infants and toddlers with disabilities and their families under this
				chapter that are not otherwise funded through other public or private sources
				(subject to rules 281-120.510 ( 34CFR303) through
				281-120.5 21( 34CFR303
				));
(2) To expand and improve
				services for infants and toddlers with disabilities and their families under
				this chapter that are otherwise available; and
(3) In any state that does not provide
				services under 34 CFR
				303.204 for at-risk infants and toddlers, as
				defined in rule 281-120.5( 34CFR303), to strengthen the statewide system by
				initiating, expanding, or improving collaborative efforts related to at-risk
				infants and toddlers, including establishing linkages with appropriate public
				and private community-based organizations, services, and personnel for the
				purposes of:
a. Identifying and evaluating
				at-risk infants and toddlers;
b.
				Making referrals for the infants and toddlers identified and evaluated under
				paragraph 120.501(3)
"a"
; and
c. Conducting periodic follow-up on each
				referral, to determine if the status of the infant or toddler involved has
				changed with respect to the eligibility of the infant or toddler for services
				under this chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.510 - Payor of Last Resort

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Nonsubstitution of funds.
Except as provided in subrule
				120.510(2), funds under this chapter may not be used to satisfy a financial
				commitment for services that would otherwise have been paid for from another
				public or private source, including any medical program administered by the
				Department of Defense, but for the enactment of Part C of the Act. Therefore,
				funds under this chapter may be used only for early intervention services that
				an infant or toddler with a disability needs but is not currently entitled to
				receive or have payment made from any other federal, state, local, or private
				source (subject to rules
				281-120.520 ( 34CFR303) and
				281-120.521( 34CFR303)).
(2)
Interim payments-reimbursement.
If necessary to prevent a
				delay in the timely provision of appropriate early intervention services to a
				child or the child's family, funds under Part C of the Act may be used to pay
				the provider of services (for services and functions authorized under this
				chapter, including health services, as defined in rule
				281-120.16 ( 34CFR303) (but not
				medical services); functions of the child find system described in rules
				281-120.115 ( 34CFR303) through
				281-120.117 ( 34CFR303) and
				rules 281-120.301( 34CFR303) through
				281-120.320 ( 34CFR303); and
				evaluations and assessments in rule
				281-120.321 ( 34CFR303)),
				pending reimbursement from the agency or entity that has ultimate
				responsibility for the payment.
(3)
Nonreduction of benefits.
Nothing in this chapter may be
				construed to permit a state to reduce medical or other assistance available in
				the state or to alter eligibility under Title V of the Social Security Act,
				42 U.S.C.
				701 et seq. (SSA) (relating to maternal and
				child health) or Title XIX of the SSA,
				42 U.S.C.
				1396 (relating to Medicaid), including
				Section 1903(a) of the SSA regarding medical assistance for services furnished
				to an infant or toddler with a disability when those services are included in
				the child's IFSP adopted pursuant to Part C of the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.511 - Methods to Ensure the Provision Of, and Financial Responsibility For, Early Access Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state must ensure that it has in place methods
				for interagency coordination. Under these methods, the governor must ensure
				that the interagency agreement or other method for interagency coordination is
				in effect between the department and each signatory agency in order to ensure:
a. The provision of, and establishing
				financial responsibility for, early intervention services provided under this
				chapter; and
b. Such services are
				consistent with the requirement in Section 635 of the Act and the state's
				application under Section 637 of the Act, including the provision of such
				services during the pendency of any dispute between state agencies.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.521 - System of Payments and Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
If a state elects to adopt a system of payments in
				subrule 120.500(2), the state's system of payments policies must be in writing
				and specify which functions or services, if any, are subject to the system of
				payments (including any fees charged to the family as a result of using one or
				more of the family's public insurance or benefits or private insurance), and
				include:
a. The payment system and schedule
				of sliding or cost participation fees that may be charged to the parent for
				early intervention services under this chapter;
b. The basis and amount of payments or
				fees;
c. The state's definition of
				ability to pay (including its definition of income and family expenses, such as
				extraordinary medical expenses), its definition of inability to pay, and when
				and how the state makes its determination of the ability or inability to
				pay;
d. An assurance that:
(1) Fees will not be charged to parents for
				the services that a child is otherwise entitled to receive at no cost
				(including those services identified under this subrule and subrules 120.521(2)
				and 120.521(3));
(2) The inability
				of the parents of an infant or toddler with a disability to pay for services
				will not result in a delay or denial of services under this chapter to the
				child or the child's family such that, if the parent or family meets the
				state's definition of inability to pay, the infant or toddler with a disability
				must be provided all Part C services at no cost;
(3) Families will not be charged any more
				than the actual cost of the Part C service (factoring in any amount received
				from other sources for payment for that service); and
(4) Families with public insurance or
				benefits or private insurance will not be charged disproportionately more than
				families who do not have public insurance or benefits or private
				insurance;
e. Provisions
				stating that the failure to provide the requisite income information and
				documentation may result in a charge of a fee on the fee schedule and specify
				the fee to be charged; and
f.
				Provisions that permit, but do not require, the department or other relevant
				agency to use Part C or other funds to pay for costs such as the premiums,
				deductibles, or copayments.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.600 - Establishment of Council

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state establishes a state interagency
				coordinating council, as defined in rule
				281-120.8 ( 34CFR303
				).
(2)
Appointment.
The council must be appointed by the governor.
				The governor must ensure that the membership of the council reasonably
				represents the population of the state.
(3)
Chairperson.
The
				governor must designate a member of the council to serve as the chairperson of
				the council or delegate that responsibility to the members of the council. Any
				member of the council who is a representative of the lead agency designated
				under rule 281-120.201 ( 34CFR303) may not
				serve as the chairperson of the council.
(4)
Name of council.
The
				council established by this division shall be known as the Iowa council for
				Early ACCESS (council).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.601 - Composition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The council must be composed as follows:
a. At least 20 percent of the members must be
				parents, including minority parents, of infants or toddlers with disabilities
				or children with disabilities aged 12 years or younger, with knowledge of, or
				experience with, programs for infants and toddlers with disabilities. At least
				one parent member must be a parent of an infant or toddler with a disability or
				a child with a disability aged 6 years or younger.
b. At least 20 percent of the members must be
				public or private providers of early intervention services.
c. At least one member must be from the state
				legislature.
d. At least one member
				must be involved in personnel preparation.
e. At least one member must:
(1) Be from each of the state agencies
				involved in the provision of, or payment for, early intervention services to
				infants and toddlers with disabilities and their families; and
(2) Have sufficient authority to engage in
				policy planning and implementation on behalf of these
				agencies.
f. At least one
				member must:
(1) Be from the unit of the
				department responsible for preschool services to children with disabilities;
				and
(2) Have sufficient authority
				to engage in policy planning and implementation on behalf of the
				department.
g. At least
				one member must be from the agency responsible for the state Medicaid program
				and CHIP.
h. At least one member
				must be from a Head Start or Early Head Start agency or program in the
				state.
i. At least one member must
				be from a state agency responsible for child care.
j. At least one member must be from the
				agency responsible for the state regulation of private health
				insurance.
k. At least one member
				must be a representative designated by the Office of the Coordination of
				Education of Homeless Children and Youth.
l. At least one member must be a
				representative from the state child welfare agency responsible for foster
				care.
m. At least one member must
				be from the state agency responsible for children's mental health.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.602 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Minimum
				number of meetings.
The council will meet, at a minimum, on a
				quarterly basis, and in such places as it determines necessary.
(2)
Requirements for
				meetings.
The meetings must:
a. Be
				publicly announced sufficiently in advance of the dates they are to be held to
				ensure that all interested parties have an opportunity to attend;
b. To the extent appropriate, be open and
				accessible to the general public; and
c. As needed, provide for interpreters for
				persons who are deaf or hard of hearing and other necessary services for
				council members and participants. The council may use funds under this chapter
				to pay for those services.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.603 - Use of Funds by the Council

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Subject to the approval by the governor, the council
				may use funds under this chapter to:
a.
				Conduct hearings and forums;
b.
				Reimburse members of the council for reasonable and necessary expenses for
				attending council meetings and performing council duties (including child care
				for parent representatives);
c. Pay
				compensation to a member of the council if the member is not employed or must
				forfeit wages from other employment when performing official council
				business;
d. Hire staff;
				and
e. Obtain the services of
				professional, technical, and clerical personnel as may be necessary to carry
				out the performance of its functions under Part C of the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.604 - Functions of the Council; Required Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Advising and assisting the department.
The council must advise
				and assist the department in the performance of the department's
				responsibilities in Section 635(a)(10) of the Act, including:
a. Identification of sources of fiscal and
				other support for services for early intervention service programs under Part C
				of the Act;
b. Assignment of
				financial responsibility to the appropriate agency;
c. Promotion of methods (including use of
				intra-agency and interagency agreements) for intra-agency and interagency
				collaboration regarding child find under rules
				281-120.115 ( 34CFR303) and
				281-120.302( 34CFR303), monitoring and enforcement under rules 281-120.120(
				34CFR303) and 281-120.700 ( 34CFR303) through
				281-120.708 ( 34CFR303),
				financial responsibility and provision of early intervention services under
				rules 281-120.202 ( 34CFR303) and
				281-120.511 ( 34CFR303), and
				transition under rule
				281-120.209 ( 34CFR303);
				and
d. Preparation of applications
				under this chapter and amendments to those applications.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.605 - Authorized Activities by the Council

Current through Register Vol. 47, No. 3, July 24, 2024
The council may carry out the following activities:
(1) Advise and assist the department
				regarding the provision of appropriate services for children with disabilities
				from birth through age five.
(2)
				Advise appropriate agencies in the state with respect to the integration of
				services for infants and toddlers with disabilities and at-risk infants and
				toddlers and their families, regardless of whether at-risk infants and toddlers
				are eligible for early intervention services in the state.
(3) Coordinate and collaborate with the state
				advisory council on early childhood education and care for children, as
				described in Section 642B(b)(1)(A)(i) of the Head Start Act,
				42 U.S.C.
				9837b(b)(1)(A)(i), if
				applicable, and other state interagency early learning initiatives, as
				appropriate.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.700 - State Monitoring and Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The department must:
a. Monitor the implementation of this
				chapter;
b. Make determinations
				annually about the performance of each EIS program, using the categories
				identified in subrule 120.703(2);
c. Enforce this chapter consistent with rule
				281-120.704( 34CFR303), using appropriate enforcement mechanisms listed
				therein; and
d. Report annually on
				the performance of the state and of each EIS program under this chapter as
				provided in rule 281-120.702 ( 34CFR303
				).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.701 - State Performance Plans and Data Collection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state must have in place a performance plan that
				satisfies Section 616 of the Act; is approved by the Secretary; and includes an
				evaluation of the state's efforts to implement the requirements and purposes of
				Part C of the Act, a description of how the state will improve implementation,
				and measurable and rigorous targets for the indicators established by the
				Secretary under the priority areas described in
				34 CFR
				303.700(d).
(2)
Review of state performance
				plan.
The state must review its state performance plan at least once
				every six years and submit any amendments to the Secretary.
(3)
Data collection.
a. The state must collect valid and reliable
				information as needed to report annually to the Secretary on the indicators
				established by the Secretary for the state performance plans.
b. If the Secretary permits states to collect
				data on specific indicators through state monitoring or sampling, and the state
				collects data for a particular indicator through state monitoring or sampling,
				the state must collect and report data on those indicators for each EIS program
				at least once during the six-year period of a state performance plan.
c. Nothing in Part C of the Act or this
				chapter may be construed to authorize the development of a nationwide database
				of personally identifiable information on individuals involved in studies or
				other collections of data under Part C of the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.702 - State Use of Targets and Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state must use the targets established in the
				state's performance plan under rule
				281-120.701 ( 34CFR303) and the
				priority areas described in subrule 120.700(4) to analyze the performance of
				each EIS program in implementing Part C of the Act.
(2)
Public reporting and
				privacy.
a.
Public
				report.
The state must:
(1) Report
				annually to the public on the performance of each EIS program located in the
				state on the targets in the state's performance plan as soon as practicable but
				no later than 120 days following the state's submission of its annual
				performance report to the Secretary under paragraph
				120.702(2)
"b"
; and
(2) Make the state's performance plan under
				subrule 120.701(1), annual performance reports under this subrule, and the
				state's annual reports on the performance of each EIS program under this
				subrule available through public means, including by posting on the
				department's website, distribution to the media, and distribution to EIS
				programs.
(3) If the state, in
				satisfying this subrule, collects data through state monitoring or sampling,
				the state must include in its public report on EIS programs under this subrule
				the most recently available performance data on each EIS program and the date
				the data were collected.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.703 - Department Review and Determination Regarding Eis Program Performance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review.
The department shall annually review the performance
				of each EIS provider, including but not limited to data on indicators
				identified in the state's performance plan, information obtained through
				monitoring visits, and any other public information made available.
(2)
Determination.
Based on
				the information provided in subrule 120.703(1) to the department, the
				department shall determine if each EIS provider:
a. Meets the requirements and purposes of
				Part C of the Act;
b. Needs
				assistance in implementing the requirements of Part C of the Act;
c. Needs intervention in implementing the
				requirements of Part C of the Act; or
d. Needs substantial intervention in
				implementing the requirements of Part C of the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.704 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Needs
				assistance.
If the department determines, for two consecutive years,
				that an EIS provider needs assistance under paragraph
				120.703(2)
"b"
in implementing the requirements of Part C of
				the Act, the department shall take one or more of the following actions:
a. Advise the EIS provider of available
				sources of technical assistance that may help the EIS provider address the
				areas in which the provider needs assistance, which may include assistance from
				the Office of Special Education Programs, other offices of the U.S. Department
				of Education, other federal agencies, technical assistance providers approved
				by the Secretary or the department, and other federally funded nonprofit
				agencies, and require the EIS provider to work with appropriate entities. This
				technical assistance may include:
(1) The
				provision of advice by experts to address the areas in which the EIS provider
				needs assistance, including explicit plans for addressing the areas of concern
				within a specified period of time;
(2) Assistance in identifying and
				implementing professional development, early intervention service provision
				strategies, and methods of early intervention service provision that are based
				on scientifically based research;
(3) Designating and using administrators,
				service coordinators, service providers, and other personnel from the EIS
				program to provide advice, technical assistance, and support; and
(4) Devising additional approaches to
				providing technical assistance, such as collaborating with institutions of
				higher education, educational service agencies, national centers of technical
				assistance supported under Part D of the Act, and private providers of
				scientifically based technical assistance.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.705 - Withholding Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
As a consequence of a determination made under rule
				281- 120.703( 34CFR303) or enforcement of any provision of Part C of the Act
				and this chapter, the department may withhold some or all of the funds from an
				EIS provider or a program or service of an EIS provider.
(2)
Hearing.
If the
				department intends to withhold funds, it shall provide notice and an
				opportunity for a hearing to an EIS provider. If a hearing is requested, the
				department may suspend payments to the EIS provider, suspend the authority of
				the EIS provider to obligate funds, or both, until a decision is made after the
				hearing. A hearing under this rule, which shall not be a contested case under
				Iowa Code chapter 17A, shall be requested within 30 days of notice of
				withholding by requesting a hearing before the director of the Iowa department
				of education or the director's designee. The presiding officer at the hearing
				shall consider the purposes of Part C of the Act and of this chapter and shall
				determine whether the state abused its discretion in its decision under subrule
				120.705(1).
(3)
Reinstatement.
If the EIS provider substantially rectifies the
				condition that prompted the initial withholding under subrule 120.705(1), then
				the department may reinstate payments. If an EIS provider disagrees with the
				department's decision that the provider has not substantially rectified the
				condition that prompted the initial withholding under subrule 120.705(1), the
				provider may request a hearing under subrule 120.705(2).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.706 - Public Attention

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever the state receives notice that the Secretary is
				  proposing to take or is taking an enforcement action pursuant to
				  34 CFR §
										303.704, the state must, by means of a public
				  notice, take such measures as may be necessary to bring the pendency of an
				  action pursuant to Section 616(e) of the Act and
				  34 CFR §
										303.704 to the attention of the public within
				  the state, including by posting the notice on the department's website and
				  distributing the notice to the media and to EIS programs.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.708 - State Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing in this division may be construed to restrict the
				  state from utilizing any other authority available to it to monitor and enforce
				  the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.709 - State Consideration of Other State or Federal Laws

Current through Register Vol. 47, No. 3, July 24, 2024
In making the determinations required by subrule 120.703(2),
				  in taking actions pursuant to rule
				  281-120.704 ( 34CFR303), and in
				  taking any other action under this chapter, the department may consider whether
				  any agency or provider has complied with any other applicable state or federal
				  law, including education law or disability law, or with any corrective action
				  ordered by any competent authority for violation of such a
				  law.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.720 - Data Requirements-general

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The department must annually report to the Secretary
				and to the public on the information required by Section 618 of the Act at the
				times specified by the Secretary.
(2)
Manner of reporting.
The
				department must submit the report to the Secretary in the manner prescribed by
				the Secretary.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.721 - Annual Report of Children Served-report Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Date of
				count.
For the purposes of the annual report required by Section 618
				of the Act and rule 281-120.720( 34CFR303), the department must count and
				report the number of infants and toddlers receiving early intervention services
				on any date between October 1 and December 1 of each year.
(2)
Information in report.
The report must include:
a. The number and
				percentage of infants and toddlers with disabilities in the state, by race,
				gender, and ethnicity, who are receiving early intervention services (and
				include in this number any children reported to the department by tribes,
				tribal organizations, and consortia under
				34 CFR
				303.731(e)(1));
b. The number and percentage of infants and
				toddlers with disabilities, by race, gender, and ethnicity, who, from birth
				through age two, stopped receiving early intervention services because of
				program completion or for other reasons; and
c. The number and percentage of at-risk
				infants and toddlers (as defined in Section 632(1) of the Act), by race and
				ethnicity, who are receiving early intervention services under Part C of the
				Act.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.722 - Data Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Protection of identifiable data.
The data described in Section
				618(a) of the Act and in rule
				281-120.721 ( 34CFR303) must be
				publicly reported by the state in a manner that does not result in disclosure
				of data identifiable to individual children.
(2)
Sampling.
If permitted
				by the Secretary, the state may obtain data in Section 618(a) of the Act
				through sampling.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.723 - Annual Report of Children Served-certification

Current through Register Vol. 47, No. 3, July 24, 2024
The department must include in its report a certification
				  signed by an authorized official of the department that the information
				  provided under rule 281-120.721 ( 34CFR303) is an
				  accurate and unduplicated count of infants and toddlers with disabilities
				  receiving early intervention services.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.724 - Annual Report of Children Served-other Responsibilities of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to meeting the requirements of rules
				  281-120.721 ( 34CFR303) through
				  281-120.723 ( 34CFR303), the
				  department must conduct its own child count or use EIS providers to complete
				  its child count. If the department uses EIS providers to complete its child
				  count, then the department must establish procedures to be used by EIS
				  providers in counting the number of children with disabilities receiving early
				  intervention services; establish dates by which those EIS providers must report
				  to the department to ensure that the state complies with subrule 120.721(1);
				  obtain certification from each EIS provider that an unduplicated and accurate
				  count has been made; aggregate the data from the count obtained from each EIS
				  provider and prepare the report required under rules
				  281-120.721 ( 34CFR303) through
				  281-120.723 ( 34CFR303); and
				  ensure that documentation is maintained to enable the department and the
				  Secretary to audit the accuracy of the count.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.801 - Early Access System-state Level

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Lead
				agency.
The Iowa department of education was appointed lead agency on
				June 24, 1987. Responsibilities of the lead agency include:
a. Developing and implementing policies and
				procedures regarding the types of information to be gathered and the policies
				and parameters for sharing of information across agencies and programs, as well
				as such information that might be necessary for an annual report to the
				governor and the U.S. Department of Education;
b. Monitoring the agencies, institutions and
				organizations that provide early intervention services and supports;
c. Enforcing any obligations imposed under
				Part C of the Act on the agencies listed in paragraph
				120.801(1)
"b"
;
d.
				Providing technical assistance, if necessary, to the agencies, institutions and
				organizations listed in paragraph 120.801(1)
"b"
;
e. Correcting deficiencies that are
				identified through monitoring;
f.
				Adopting and carrying out complaint procedures;
g. Mediating any interagency disputes
				regarding early intervention services;
h. Establishing policies related to how early
				intervention services to eligible children and their families shall be paid
				for;
i. Establishing procedures to
				ensure the timely provision of services;
j. Ensuring that the following functions and
				services are provided at public expense:
(1)
				Child find requirements;
(2)
				Evaluation and assessment functions;
(3) Service coordination;
(4) Development and review of
				IFSPs;
(5) Implementation of
				procedural safeguards; and
(6)
				Other components of the statewide system of Early ACCESS;
k. Maintaining a data system to be utilized
				for gathering information regarding early intervention services provided for
				eligible children in Early ACCESS; and
l. Monitoring use of funds.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.802 - Interagency Service Planning

Current through Register Vol. 47, No. 3, July 24, 2024
An IFSP process shall be developed by the lead agency and
				  shall be reviewed and approved by the signatory agencies. The process shall be
				  used by all signatory agencies to document the ongoing work between families
				  and providers across all agencies that are providing a service or resource to
				  meet identified needs.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.803 - System-level Disputes

Current through Register Vol. 47, No. 3, July 24, 2024
System-level disputes involve conflicts over the roles or
				  responsibilities of an agency partner within the Early ACCESS system.
				  System-level disputes may involve financial matters, the implementation of
				  Early ACCESS system aspects that are not law or rules, such as interagency
				  agreements and policies and procedures, or the implementation of provisions of
				  the interagency agreement. The interagency agreement shall detail the
				  resolution of informal and formal intra-agency and interagency system-level
				  disputes.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.804 - Early Access System-regional and Community Levels

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Early
				ACCESS grantees.
Early ACCESS grantees shall have the fiscal and legal
				obligation for ensuring that the Early ACCESS system is carried out regionally.
				Early ACCESS grantees shall be designated by the department and shall exist, at
				a minimum, in geographic areas that ensure statewide coverage as determined by
				the department.
a.
Policies.
Each grantee shall establish in accordance with this chapter the policies
				pertinent to a regional Early ACCESS system and shall make such policies
				available to the department upon request. At a minimum, such policies shall
				include the following:
(1) Policy to ensure
				that appropriate early intervention services are available to all eligible
				children in the state and their families, including Indian infants and toddlers
				and their families residing on a reservation or settlement geographically
				located in the state;
(2) Policy to
				ensure that all infants and toddlers in the state who are eligible for services
				under this chapter are identified, located, and evaluated and that an effective
				method to determine which children are receiving needed early intervention
				services is developed and implemented;
(3) Policy regarding the development and
				implementation of individualized family service plans;
(4) Policy for the establishment and
				maintenance of standards to ensure that personnel necessary to carry out the
				requirements of this chapter are appropriately and adequately prepared and
				trained;
(5) Policy pertaining to
				contracting or making other arrangements with public or private service
				providers to provide early intervention services and service
				coordination;
(6) Policy to ensure
				a smooth transition to preschool or other appropriate services for children
				receiving early intervention services under this chapter; and
(7) Any other policy required to carry out
				the purposes of this chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.805 - Provision of Year-round Services

Current through Register Vol. 47, No. 3, July 24, 2024
Each Early ACCESS grantee shall ensure that Early ACCESS
				  components and services are available 12 months a year to meet the needs of
				  eligible children and their families.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.806 - Evaluation and Improvement

Current through Register Vol. 47, No. 3, July 24, 2024
Each grantee, in conjunction with signatory agencies or the
				  department, or both, will implement activities designed to evaluate and improve
				  the Early ACCESS system. These activities are to document the performance of
				  eligible children who receive early intervention services.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.807 - Research

Current through Register Vol. 47, No. 3, July 24, 2024
Each grantee will cooperate in research activities designed
				  to evaluate and improve the Early ACCESS system when such activities are
				  sponsored by the department, or a signatory agency when approved by the
				  department, to assess and ensure the effectiveness of efforts to serve eligible
				  children.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.808 - Records and Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Each signatory agency or grantee will maintain sufficient
				  records and reports for audit by the department. Records and reports shall
				  include at a minimum:
1.
				State-approved or state-recognized certification, licensing, registration, or
				other comparable requirements for all personnel providing early intervention
				services.
2. All IFSP meetings and
				annual or periodic reviews for each eligible child.
3. Data required for federal and state
				reporting.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.809 - Information for Department

Current through Register Vol. 47, No. 3, July 24, 2024
Each signatory agency or grantee will provide the department
				  with information necessary to enable the department to carry out its duties
				  under Part C of the Act and this chapter. This information, including such
				  quantitative and qualitative data as the department may require, will be
				  submitted in a manner and at a time determined by the department. Failure to
				  submit timely and accurate information may be considered by the department in
				  making the determinations under rule
				  281-120.703 ( 34CFR303) or in
				  taking any other action to enforce Part C of the Act or this
				  chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.810 - Public Information

Current through Register Vol. 47, No. 3, July 24, 2024
Each agency must make available to parents of children with
				  disabilities and to the general public all documents relating to the
				  eligibility of the agency under Part C of the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.811 - Dispute Resolution: Practice Before Mediators and Administrative Law Judges

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided by this chapter, any mediation
				  conference or due process hearing under Division VI of this chapter shall be
				  conducted according to rules
				  281-41.1000 (256B, 34CFR300)
				  through 281-41.1016 (256B, 34CFR300
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.812 - References to Federal Law

Current through Register Vol. 47, No. 3, July 24, 2024
All references in this chapter to provisions of the United
				  States Code or the Code of Federal Regulations are to those provisions in
				  effect on September 28, 2011.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.813 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
Should any rule or subrule in this chapter be declared
				  invalid by a court of competent jurisdiction, every other rule and subrule not
				  affected by that declaration of invalidity shall remain
				  valid.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.814 - Rule of Construction

Current through Register Vol. 47, No. 3, July 24, 2024
Language adopted pursuant to 2020 Iowa Acts, House File 2585,
				  will be construed in a manner consistent with federal law and will not be
				  construed to confer any different or greater right or responsibility under this
				  chapter.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 2 - Petitions for Rule Making › Rule 282-2.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", insert "The Board of
				Educational Examiners, 701 East Court Avenue, Suite A, Des Moines, Iowa 50309".
				In lieu of the words "(AGENCY NAME)", the heading on the petition form should
				read:
"BOARD OF EDUCATIONAL EXAMINERS"
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 2 - Petitions for Rule Making › Rule 282-2.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rule making
				may be made to the Executive Director of the Board of Educational Examiners,
				701 East Court Avenue, Suite A, Des Moines, Iowa 50309.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 3 - Declaratory Orders › Rule 282-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Throughout the rule, in lieu of the words "(designate agency)",
				insert "the Board of Educational Examiners, 701 East Court Avenue, Suite A, Des
				Moines, Iowa 50309". In lieu of the words "(AGENCY NAME)", in the heading on
				the petition insert "BEFORE THE BOARD OF EDUCATIONAL
				EXAMINERS".
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 3 - Declaratory Orders › Rule 282-3.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)", insert "Executive Director, Board of Educational Examiners, 701 East
				Court Avenue, Des Moines, Iowa 50319".
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 4 - Agency Procedure for Rule Making › Rule 282-4.3 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Anticipated rule making.
In lieu of the words "(commission, board, council, director)", insert "board of
			 educational examiners".
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 4 - Agency Procedure for Rule Making › Rule 282-4.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
In
			 lieu of the words "(identify office and address)", insert "Executive Director,
			 Board of Educational Examiners, 701 East Court Avenue, Suite A, Des Moines,
			 Iowa 50309".
(5)
Accessibility.
In lieu of the words "(designate office and
			 phone number)", insert "the executive director at (515)281-5849".
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 4 - Agency Procedure for Rule Making › Rule 282-4.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Mailing list.
In lieu of the words "(designate office)",
			 insert "Board of Educational Examiners, 701 East Court Avenue, Suite A, Des
			 Moines, Iowa 50309".
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 4 - Agency Procedure for Rule Making › Rule 282-4.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
In lieu of the
			 words "(specify the office and address)", insert "Board of Educational
			 Examiners, 701 East Court Avenue, Suite A, Des Moines, Iowa 50309".
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 5 - Public Records and Fair Information Practices › Rule 282-5.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency. "
In lieu of the words "(official or
				body issuing these rules)", insert "Board of Educational
				Examiners".