reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.200 - Condition of Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
An AEA or an LEA is eligible for assistance under Part B of
				  the Act for a fiscal year if the agency submits a plan that provides assurances
				  to the state that the LEA meets each of the conditions in rules
				  281-41.201 (256B, 34CFR300) to
				  281-41.213 (256B, 34CFR300
				 ).
(1)
Required descriptions,
				policies and procedures.
Each AEA will submit to the department the
				policies and procedures identified in subrules 41.407(1) and 41.407(2) and
				other descriptions that may be required by the department for approval. Any
				modifications to an AEA's descriptions, policies or procedures are to be
				submitted to the department for approval.
(2)
AEA application.
Each
				AEA will submit to the department, 45 calendar days prior to the start of the
				project year, an application for federal funds under Part B of the Act,
				implementing federal regulations, and this chapter. An AEA application will
				receive department approval only when there is an approved AEA comprehensive
				plan as described in rule
				281-72.9 (273) on file at the
				department and the requirements of subrule 41.200(1) have been met. The
				application, on forms provided by the department, includes the following:
a. General information.
b. Utilization of funds.
c. Assurances.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.201 - Consistency With State Policies

Current through Register Vol. 47, No. 3, July 24, 2024
The AEA or LEA, in providing for the education of children
				  with disabilities within its jurisdiction, must have in effect policies,
				  procedures, and programs that are consistent with the state policies and
				  procedures established under
				  281-41.101 (256B, 34CFR300) to
				  281-41.163 (256B, 34CFR300) and
				  281-41.165 (256B, 34CFR300) to
				  281-41.187
				  (256B).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.202 - Use of Amounts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Amounts provided to the AEA or LEA under Part B of
				the Act must be:
a. Expended in accordance
				with the applicable provisions of Part B of the Act and this chapter;
b. Used only to pay the excess costs of
				providing special education and related services to children with disabilities,
				consistent with subrule 41.202(2); and
c. Used to supplement state, local, and other
				federal funds, and not to supplant those funds.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.203 - Maintenance of Effort

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility standard.
a. For
				purposes of establishing the LEA's eligibility for an award for a fiscal year,
				the SEA must determine that the LEA budgets, for the education of children with
				disabilities, at least the same amount, from at least one of the following
				sources, as the LEA spent for that purpose from the same source for the most
				recent fiscal year for which information is available:
(1) Local funds only;
(2) The combination of state and local
				funds;
(3) Local funds only on a
				per capita basis; or
(4) The
				combination of state and local funds on a per capita basis.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.204 - Exception to Maintenance of Effort

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding the restriction in subrule 41.203(2), an AEA
				  or LEA may reduce the level of expenditures by the AEA or LEA under Part B of
				  the Act below the level of those expenditures for the preceding fiscal year if
				  the reduction is attributable to any of the following:
(1)
Departure of personnel.
The voluntary departure, by retirement or otherwise, or departure for just
				cause, of special education or related services personnel.
(2)
Decrease in enrollment.
A decrease in the enrollment of children with disabilities.
(3)
Termination of obligation to
				provide an "exceptionally costly" program to a particular child.
The
				termination of the obligation of the agency to provide a program of special
				education to a particular child with a disability that is an exceptionally
				costly program, as determined by the SEA, because the child:
a. Has left the jurisdiction of the
				agency;
b. Has reached the age at
				which the obligation of the agency to provide FAPE to the child has terminated;
				or
c. No longer needs the program
				of special education.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.205 - Adjustment to Local Fiscal Efforts in Certain Fiscal Years

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Amounts
				in excess.
Notwithstanding paragraph 41.202(1)
"b"
and
				subrules 41.202(2) and 41.203(2), and except as provided in subrule 41.205(4)
				and 34 CFR
				300.230(e)(2), for any
				fiscal year for which the allocation received by an LEA under rule
				281-41.705 (256B, 34CFR300)
				exceeds the amount the LEA received for the previous fiscal year, the LEA may
				reduce the level of expenditures otherwise required by subrule 41.203(2) by not
				more than 50 percent of the amount of that excess.
(2)
Use of amounts to carry out
				activities under ESEA.
If an LEA exercises the authority under subrule
				41.205(1), the LEA must use an amount of local funds equal to the reduction in
				expenditures under subrule 41.205(1) to carry out activities that could be
				supported with funds under the ESEA regardless of whether the LEA is using
				funds under the ESEA for those activities.
(3)
State prohibition.
Notwithstanding subrule 41.205(1), if the SEA determines that an LEA is unable
				to establish and maintain programs of FAPE that meet the requirements of
				Section 613(a) of the Act and of this chapter or the SEA has taken action
				against the LEA under Section 616 of the Act and rules
				281-41.600(256B,34CFR300) to
				281-41.609 (256B,34CFR300), the
				SEA must prohibit the LEA from reducing the level of expenditures under subrule
				41.205(1) for that fiscal year.
(4)
Special rule.
The amount of funds expended by an LEA for early
				intervening services under rule
				281-41.226 (256B,34CFR300) shall
				count toward the maximum amount of expenditures that the LEA may reduce under
				subrule 41.205(1).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.206 - Schoolwide Programs Under Title I of the Esea

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Notwithstanding the provisions of rules
				281-41.202(256B, 34CFR300) and
				281-41.203 (256B, 34CFR300) or
				any other provision of Part B of the Act, an LEA may use funds received under
				Part B of the Act for any fiscal year to carry out a schoolwide program under
				Section 1114 of the ESEA, except that the amount used in any schoolwide program
				may not exceed the amount received by the LEA under Part B of the Act for that
				fiscal year; divided by the number of children with disabilities in the
				jurisdiction of the LEA; and multiplied by the number of children with
				disabilities participating in the schoolwide program.
(2)
Funding conditions.
The
				funds described in subrule 41.206(1) are subject to the following conditions:
a. The funds must be considered as federal
				Part B funds for purposes of the calculations required by paragraphs
				41.202(1)
"b"
and
"c."
b. The funds may be used without regard to
				the requirements of paragraph
				41.202(1)
"a."
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.207 - Personnel Development

Current through Register Vol. 47, No. 3, July 24, 2024
Each public agency must ensure that all personnel necessary
				  to carry out Part B of the Act are appropriately and adequately prepared,
				  subject to the requirements of rule
				  281-41.156 (256B, 34CFR300)
				  related to personnel qualifications and Section 2102(b) of the
				  ESEA.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.208 - Permissive Use of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Uses.
Notwithstanding rule
				281-41.202 (256B, 34CFR300) and
				subrules 41.203(2) and 41.162(2), funds provided to an LEA under Part B of the
				Act may be used for the following activities:
a.
Services and aids that also
				benefit nondisabled children.
For the costs of special education and
				related services and supplementary aids and services provided in a regular
				class or other education-related setting to a child with a disability in
				accordance with the IEP of the child, even if one or more nondisabled children
				benefit from these services. This provision may not be construed to apply to
				rules 281-41.172 (256B, 34CFR300) and
				281-41.210 (256B, 34CFR300
				).
b.
Early intervening
				services.
To develop and implement coordinated, early intervening
				educational services in accordance with rule
				281-41.226 (256B, 34CFR300).
				Such development and implementation may be required by the SEA under subrule
				41.646(2).
c.
High-cost
				special education and related services.
To establish and implement
				cost- or risk-sharing funds, consortia, or cooperatives for the LEA itself, or
				for LEAs working in a consortium of which the LEA is a part, to pay for
				high-cost special education and related services.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.209 - Treatment of Charter Schools and Their Students

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Rights
				of children with disabilities.
Children with disabilities who attend
				public charter schools and their parents retain all rights under this
				chapter.
(2)
Charter
				schools that are public schools of the LEA.
a.
General.
In carrying out
				Part B of the Act and these rules with respect to charter schools that are
				public schools of the LEA, the LEA must:
(1)
				Serve children with disabilities attending those charter schools in the same
				manner as the LEA serves children with disabilities in its other schools,
				including providing supplementary and related services on site at the charter
				school to the same extent to which the LEA has a policy or practice of
				providing such services on the site to its other public schools; and
(2) Provide funds under Part B of the Act to
				those charter schools:
1. On the same basis
				as the LEA provides funds to the LEA's other public schools, including
				proportional distribution based on relative enrollment of children with
				disabilities; and
2. At the same
				time as the LEA distributes other federal funds to the LEA's other public
				schools, consistent with the state's charter school law.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.210 - Purchase of Instructional Materials

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
An AEA, an LEA, or any other public agency, when
				purchasing print instructional materials, must acquire those instructional
				materials for children who are blind or visually impaired or for other persons
				with print disabilities in a manner consistent with subrule 41.210(3) and
				ensure delivery of those materials in a timely manner to those
				children.
(2)
Rights and
				responsibilities of AEA or LEA.
Nothing in this rule relieves the LEA
				or AEA or any other public agency of its responsibility to ensure that children
				with disabilities who need instructional materials in accessible formats, but
				who are not included under the definition of persons who are blind or visually
				impaired or other persons with print disabilities in paragraph
				41.210(4)
"a"
or who need materials that cannot be produced
				from NIMAS files, receive those instructional materials in a timely manner, as
				defined in paragraph 41.172(1)
"b."
(3)
Preparation and delivery of
				files.
Because the state chooses to coordinate with the NIMAC, an AEA,
				an LEA, or any other public agency must:
a. As
				part of any print instructional materials adoption process, procurement
				contract, or other practice or instrument used for purchase of print
				instructional materials, enter into a written contract with the publisher of
				the print instructional materials to:
(1)
				Require the publisher to prepare and, on or before delivery of the print
				instructional materials, provide to NIMAC electronic files containing the
				contents of the print instructional materials using the NIMAS; or
(2) Purchase instructional materials from the
				publisher that are produced in, or may be rendered in, specialized
				formats.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.211 - Information for Department

Current through Register Vol. 47, No. 3, July 24, 2024
Each public agency will provide the department with
				  information necessary to enable the department to carry out its duties under
				  Part B of the Act and this chapter, including, with respect to
				  34 CFR Section
				  300.157, information relating to the
				  performance of children with disabilities participating in programs carried out
				  under Part B of the Act. This information, including such quantitative and
				  qualitative data as the department may demand, is to 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
				  281-41.603 (256B, 34CFR300) or
				  in taking any other action to enforce Part B of the Act or this
				  chapter.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.213 - Records Regarding Migratory Children With Disabilities

Current through Register Vol. 47, No. 3, July 24, 2024
Each AEA or LEA must cooperate in the Secretary's efforts
				  under Section 1308 of the ESEA to ensure the linkage of records pertaining to
				  migratory children with disabilities for the purpose of electronically
				  exchanging, among the states, health and educational information regarding
				  those children.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.220 - Exception for Prior Local Plans

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
If an AEA or LEA or a state agency described in rule
				281-41.228(256B, 34CFR300) has on file with the SEA policies and procedures
				that demonstrate that the AEA or LEA or state agency meets any requirement of
				rule 281-41.200(256B, 34CFR300), including any policies and procedures filed
				under Part B of the Act as in effect before December 3, 2004, the SEA must
				consider the AEA or LEA or state agency to have met that requirement for
				purposes of receiving assistance under Part B of the Act.
(2)
Modification made by an AEA or
				LEA or state agency.
Subject to subrule 41.220(3), policies and
				procedures submitted by an LEA or a state agency remain in effect until the AEA
				or LEA or state agency submits to the SEA the modifications that the AEA or LEA
				or state agency determines are necessary.
(3)
Modifications required by the
				SEA.
The SEA may require an AEA or LEA or a state agency to modify its
				policies and procedures, but only to the extent necessary to ensure the LEA's
				or state agency's compliance with Part B of the Act or state law, if:
a. After December 3, 2004, the effective date
				of the Individuals with Disabilities Education Improvement Act of 2004, the
				applicable provisions of the Act, or the regulations developed to carry out the
				Act, are amended;
b. There is a new
				interpretation of an applicable provision of the Act by federal or state
				courts; or
c. There is an official
				finding of noncompliance with federal or state law or regulations.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.221 - Notification of Aea or Lea or State Agency in Case of Ineligibility

Current through Register Vol. 47, No. 3, July 24, 2024
If the state determines that an AEA or LEA or state agency is
				  not eligible under Part B of the Act, then the state must notify the AEA or LEA
				  or state agency of that determination and provide the AEA or LEA or state
				  agency with reasonable notice and an opportunity for a hearing. This hearing
				  shall not be considered a contested case under Iowa Code chapter
				  17A.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.222 - Aea or Lea and State Agency Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
If the state, after reasonable notice and an
				opportunity for a hearing, finds that an AEA or LEA or state agency that has
				been determined to be eligible under this chapter is failing to comply with any
				requirement described in rules
				281-41.201 (256B, 34CFR300) to
				281-41.213(256B, 34CFR300), the state must reduce or must not provide any
				further payments to the AEA or LEA or state agency until the state is satisfied
				that the AEA or LEA or state agency is complying with that
				requirement.
(2)
Notice
				requirement.
Any state agency or AEA or LEA in receipt of a notice
				described in subrule 41.222(1), by means of public notice, must take the
				measures necessary to bring the pendency of an action pursuant to this rule to
				the attention of the public within the jurisdiction of the agency.
(3)
Consideration.
In
				carrying out its responsibilities under this rule, the state must consider any
				decision resulting from a hearing held under rules
				281-41.511 (256B, 34CFR300) to
				281-41.533(256B, 34CFR300) that is adverse to the AEA or LEA or state agency
				involved in the decision.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.223 - Joint Establishment of Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state may require an AEA or LEA to establish its
				eligibility jointly with another AEA or LEA if the state determines that the
				AEA or LEA will be ineligible because the agency will not be able to establish
				and maintain programs of sufficient size and scope to effectively meet the
				needs of children with disabilities.
(2) Reserved.
(3)
Amount of payments.
If
				the state requires the joint establishment of eligibility under subrule
				41.223(1), the total amount of funds made available to the affected AEAs or
				LEAs must be equal to the sum of the payments that each AEA or LEA would have
				received under rule 281-41.705 (256B, 34CFR300) if
				the agencies were eligible for those payments.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.224 - Requirements for Jointly Establishing Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements for AEAs or LEAs in general.
AEAs or LEAs that
				establish joint eligibility under this rule must:
a. Adopt policies and procedures that are
				consistent with the state's policies and procedures under rules
				281-41.101(256B, 34CFR300) to
				281-41.163 (256B, 34CFR300) and
				281-41.165(256B, 34CFR300) to
				281-41.187 (256B); and
b. Be jointly responsible for implementing
				programs that receive assistance under Part B of the Act.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.226 - Early Intervening Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
An AEA or LEA may use no more than 15 percent of the
				amount the AEA or LEA receives under Part B of the Act for any fiscal year,
				less any amount reduced by the AEA or LEA pursuant to rule 281-41.205(256B,
				34CFR300), if any, in combination with other amounts, which may include
				amounts other than education funds, to develop and implement coordinated, early
				intervening services, which may include interagency financing structures, for
				students in kindergarten through grade 12, with a particular emphasis on
				students in kindergarten through grade 3, who are not currently identified as
				needing special education or related services, but who need additional academic
				and behavioral support to succeed in a general education environment.
(2)
Activities.
In
				implementing coordinated, early intervening services under this rule, an AEA or
				LEA may carry out activities that include:
a.
				Professional development, which may be provided by other entities, for teachers
				and other school staff to enable such personnel to deliver scientifically based
				academic and behavioral interventions, including scientifically based literacy
				instruction and, where appropriate, instruction on the use of adaptive and
				instructional software; and
b.
				Providing educational and behavioral evaluations, services, and supports,
				including scientifically based literacy instruction.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.228 - State Agency Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
Any state agency that desires to receive a subgrant for any
				  fiscal year under rule
				  281-41.705 (256B, 34CFR300) is
				  to meet the provisions of 34
				  CFR Section 300.228.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.229 - Disciplinary Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement of transmittal of disciplinary records.
Pursuant
				to Iowa Code section 279.9A, the state requires that
				a public agency include in the records of a child with a disability a statement
				of any current or previous disciplinary action that has been taken against the
				child and transmit the statement to the same extent that the disciplinary
				information is included in, and transmitted with, the student records of
				children without disabilities.
(2)
Contents of transmittal.
The transmittal shall include an
				accurate record of any suspension or expulsion actions taken and the basis for
				those actions taken. It may include any other information that is relevant to
				the safety of the child and other individuals involved with the child, to the
				extent that information is transmitted for children without
				disabilities.
(3)
Additional contents of transmittal.
If the child transfers
				from one school to another, the transmission of any of the child's records must
				include both the child's current IEP and any statement of current or previous
				disciplinary action that has been taken against the child.
(4)
When transmittal must
				occur.
Pursuant to Iowa Code section
				279.9A, a transmittal of records
				under this rule shall occur if requested by officials of the school to which
				the student seeks to transfer or has transferred.
(5)
Additional state law
				requirement.
Pursuant to Iowa Code section
				279.9A, this rule applies also
				to accredited nonpublic schools, as well as AEAs.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.300 - Parental Consent and Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Parental consent for initial evaluation.
a. General.
(1) The public agency proposing to conduct an
				initial evaluation to determine if a child qualifies as a child with a
				disability under this chapter must, after providing notice consistent with
				rules 281-41.503 (256B, 34CFR300) and
				281-41.504 (256B, 34CFR300),
				obtain informed consent, consistent with rule
				281-41.9 (256B, 34CFR300), from
				the parent of the child before conducting the evaluation.
(2) Parental consent for an initial
				evaluation must not be construed as consent for initial provision of special
				education and related services.
(3)
				The public agency must make reasonable efforts to obtain the informed consent
				from the parent for an initial evaluation to determine whether the child is a
				child with a disability.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.301 - Full and Individual Initial Evaluations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each public agency must conduct a full and individual
				initial evaluation, in accordance with rules
				281-41.304 (256B, 34CFR300) to
				281-41.306(256B, 34CFR300), before the initial provision of special education
				and related services to a child with a disability under this chapter.
(2)
Request for initial
				evaluation.
Consistent with the consent requirements in rule
				281-41.300(256B, 34CFR300), either a parent of a child or a public agency may
				initiate a request for an initial evaluation to determine if the child is a
				child with a disability.
(3)
Procedures for initial evaluation.
The initial evaluation:
a. Must be conducted within 60 calendar days
				of receiving parental consent for the evaluation;
b. Must consist of procedures:
(1) To determine if the child is a child with
				a disability under this chapter; and
(2) To determine the educational needs of the
				child.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.302 - Screening for Instructional Purposes Is Not Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
The screening of a student by a teacher or specialist to
				  determine appropriate instructional strategies for curriculum implementation
				  shall not be considered to be an evaluation for eligibility for special
				  education and related services.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.303 - Reevaluations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
A public agency must ensure that a reevaluation of
				each child with a disability is conducted in accordance with rules
				281-41.304 (256B, 34CFR300) to
				281-41.311 (256B, 34CFR300):
a. If the public agency determines that the
				educational or related services needs, including improved academic achievement
				and functional performance, of the child warrant a reevaluation; or
b. If the child's parent or teacher requests
				a reevaluation.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.304 - Evaluation Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice.
The public agency must provide notice to the parents
				of a child with a disability, in accordance with rule 281-41.503(256B, 34CFR300
				), that describes any evaluation procedures the agency proposes to
				conduct.
(2)
Conduct of
				evaluation.
In conducting the evaluation, the public agency must:
a. Use a variety of assessment tools and
				strategies to gather relevant functional, developmental, and academic
				information about the child, including information provided by the parent, that
				may assist in determining:
(1) Whether the
				child is a child with a disability under this chapter; and
(2) The content of the child's IEP, including
				information related to enabling the child to be involved in and progress in the
				general education curriculum (or for a preschool child, to participate in
				appropriate activities);
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.305 - Additional Requirements for Evaluations and Reevaluations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Review
				of existing evaluation data.
As part of an initial evaluation, if
				appropriate, and as part of any reevaluation under this chapter, the IEP team
				and other qualified professionals, as appropriate, must:
a. Review existing evaluation data on the
				child, including:
(1) Evaluations and
				information provided by the parents of the child;
(2) Current classroom-based, local, or state
				assessments, and classroom-based observations; and
(3) Observations by teachers and related
				services providers; and
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.306 - Determination of Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Upon completion of the administration of assessments
				and other evaluation measures:
a. A group of
				qualified professionals and the parent of the child determine whether the child
				is a child with a disability, as defined in this chapter, in accordance with
				subrule 41.306(3) and the educational needs of the child; and
b. The public agency provides a copy of the
				evaluation report and the documentation of determination of eligibility at no
				cost to the parent.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.307 - Specific Learning Disabilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state adopts, consistent with rule
				281-41.309(256B, 34CFR300), criteria for determining whether a child is an
				eligible individual on the basis of a specific learning disability as defined
				in subrule 41.50(10). In addition, the criteria adopted by the state:
a. Require the use of a process based on the
				child's response to scientific, research-based intervention or the use of other
				alternative research-based procedures for determining whether a child has a
				specific learning disability, as defined in subrule 41.50(10); and
b. Prohibit the use of a severe discrepancy
				between intellectual ability and achievement for determining whether a child is
				an eligible individual on the basis of a specific learning disability.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.308 - Additional Group Members

Current through Register Vol. 47, No. 3, July 24, 2024
The determination of whether a child suspected of being an
				  eligible individual due to the presence of a specific learning disability is a
				  child with a disability, as defined in this chapter, must be made by the
				  child's parents and a team of qualified professionals, which must include the
				  following persons:
(1)
Required teachers.
a. The
				child's general education teacher; or
b. If the child does not have a general
				education teacher, a general education teacher qualified to teach a child of
				his or her age; or
c. For a child
				of less than school age, an individual qualified by the SEA to teach a child of
				his or her age.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.309 - Determining the Existence of a Specific Learning Disability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Required determinations.
The group described in rule
				281-41.306 (256B, 34CFR300) may
				determine that a child has a specific learning disability, as defined in
				subrule 41.50(10), after considering the following three factors:
a.
Lack of adequate
				achievement.
The child does not achieve adequately for the child's
				age, grade-level expectations or such grade-level standards the SEA may choose
				to adopt in one or more of the following areas, when provided with learning
				experiences and instruction appropriate for the child's age or grade-level
				expectations or such grade-level standards the SEA may choose to adopt:
(1) Oral expression.
(2) Listening comprehension.
(3) Written expression.
(4) Basic reading skill.
(5) Reading fluency skills.
(6) Reading comprehension.
(7) Mathematics calculation.
(8) Mathematics problem solving.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.310 - Observation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Observation required.
The public agency must ensure that the
				child is observed in the child's learning environment, including the regular
				classroom setting, to document the child's academic performance and behavior in
				the areas of difficulty.
(2)
Who must observe.
The group described in paragraph
				41.306(1)
"a,"
in determining whether a child has a specific
				learning disability, must decide to:
a. Use
				information from an observation in routine classroom instruction and monitoring
				of the child's performance that was done before the child was referred for an
				evaluation, consistent with rules 281-41.306(256B, 34CFR300),
				281-41.309 (256B, 34CFR300),
				281-41.312 (256B, 34CFR300) and
				281-41.313 (256B, 34CFR300);
				or
b. Have at least one member of
				the group described in paragraph 41.306(1)
"a"
conduct an
				observation of the child's academic performance in the regular classroom after
				the child has been referred for an evaluation and parental consent, consistent
				with subrule 41.300(1), is obtained.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.311 - Specific Documentation for the Eligibility Determination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Documentation required.
For a child suspected of having a
				specific learning disability, the documentation of the determination that the
				child is an eligible individual, as required in paragraph
				41.306(1)
"b,"
must contain a statement of:
a. Whether the child has a specific learning
				disability;
b. The basis for making
				the determination, including an assurance that the determination has been made
				in accordance with paragraph 41.306(3)
"a"
;
c. The relevant behavior, if any, noted
				during the observation of the child and the relationship of that behavior to
				the child's academic functioning;
d. The educationally relevant medical
				findings, if any;
e. The
				determination that:
(1) The child does not
				achieve adequately for the child's age or to meet grade-level expectations or
				such grade-level standards the SEA may choose to adopt consistent with
				paragraph 41.309(1)
"a"
; and
(2) The child does not make sufficient
				progress for the child's age or to meet grade-level expectations or such
				grade-level standards the SEA may choose to adopt consistent with subparagraph
				41.309(1)
"b"
(1); or the child exhibits a pattern of strengths
				and weaknesses in performance, achievement, or both, relative to the child's
				age or to meet grade-level expectations, such grade-level standards the SEA may
				choose to adopt, or intellectual development consistent with subparagraph
				41.309(1)
"b"
(2);
f. The determination of the group concerning
				the effects of a visual, hearing, or motor disability; intellectual disability;
				emotional disturbance; cultural factors; environmental or economic
				disadvantage; or limited English proficiency on the child's achievement level;
				and
g. If the child has
				participated in a process that assesses the child's response to scientific,
				research-based intervention:
(1) The
				instructional strategies used and the student-centered data collected;
				and
(2) The documentation that the
				child's parents were notified about:
1. The
				state's policies regarding the amount and nature of student performance data
				that would be collected and the general education services that would be
				provided;
2. Strategies for
				increasing the child's rate of learning; and
3. The parents' right to request an
				evaluation.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.312 - General Education Interventions

Current through Register Vol. 47, No. 3, July 24, 2024
Each LEA, in conjunction with the AEA, shall attempt to
				  resolve the presenting problem or behaviors of concern in the general education
				  environment prior to conducting a full and individual evaluation. In
				  circumstances when there is a suspicion that a child is an eligible individual
				  under this chapter, the AEA or AEA in collaboration with the LEA will conduct a
				  full and individual initial evaluation. Documentation of the rationale for such
				  action will be included in the individual's educational record.
(1)
Notice to parents.
Each
				LEA will provide general notice to parents on an annual basis about the
				provision of general education interventions that occur as a part of the
				agency's general program and that may occur at any time throughout the school
				year.
(2)
Nature of general
				education interventions.
General education interventions will include
				consultation with special education support and instructional personnel.
				General education intervention activities will be documented and include
				measurable and goal-directed attempts to resolve the presenting problem or
				behaviors of concern, communication with parents, collection of data related to
				the presenting problem or behaviors of concern, intervention design and
				implementation, and systematic progress monitoring to measure the effects of
				interventions.
(3)
Referral
				for full and individual initial evaluation.
If the referring problem
				or behaviors of concern are shown to be resistant to general education
				interventions or if interventions are demonstrated to be effective but need
				continued and substantial effort that may include the provision of special
				education and related services, the agency shall then conduct a full and
				individual initial evaluation.
(4)
Parent may request evaluation at any time.
The parent of a
				child receiving general education interventions may request that the agency
				conduct a full and individual initial evaluation at any time during the
				implementation of such interventions.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.314 - Progress Monitoring and Data Collection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Evidence of progress in general education instruction.
Each
				public agency shall establish standards, consistent with those the department
				may establish, by which the adequacy of general education instruction,
				including the quality and quantity of data gathered, is assessed, and whether
				such data are sufficient in quantity and quality to make decisions under Part B
				of the Act and this chapter.
(2)
Progress monitoring and determining eligibility.
Each public
				agency shall engage in progress monitoring of each individual's progress as the
				department may prescribe during the process of evaluating whether a child is an
				eligible individual and record such progress in any manner that the department
				may permit or prescribe. If the AEA or LEA serving an individual imposes
				additional standards for the monitoring of progress of individuals during the
				process of evaluation, personnel serving that individual are to comply with
				those additional requirements. The team determining the child's eligibility may
				increase the frequency with which the child's progress is monitored.
(3)
Progress monitoring and eligible
				individuals.
Each public agency shall engage in progress monitoring of
				each eligible individual's progress as the department may prescribe and record
				such progress in any manner that the department may permit or require. If the
				AEA or LEA serving an eligible individual imposes additional requirements for
				the monitoring of progress of eligible individuals, personnel serving that
				individual will comply with those additional requirements. An IEP team may
				increase the frequency with which an eligible individual's progress is
				monitored.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.320 - Definition of Individualized Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
As used in this chapter, the term "individualized
				education program" or "IEP" means a written statement for each child with a
				disability that is developed, reviewed, and revised in a meeting in accordance
				with these rules, and that must include:
a. A
				statement of the child's present levels of academic achievement and functional
				performance, including:
(1) How the child's
				disability affects the child's involvement and progress in the general
				education curriculum (i.e., the same curriculum as for nondisabled children);
				or
(2) For preschool children, as
				appropriate, how the disability affects the child's participation in
				appropriate activities;
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.321 - Iep Team

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The public agency must ensure that the IEP team for
				each child with a disability includes the following:
a. The parents of the child;
b. At least one regular education teacher of
				the child if the child is, or may be, participating in the regular education
				environment;
c. At least one
				special education teacher of the child or, where appropriate, at least one
				special education provider of the child;
d. A representative of the public agency who:
(1) Is qualified to provide, or supervise the
				provision of, specially designed instruction to meet the unique needs of
				children with disabilities;
(2) Is
				knowledgeable about the general education curriculum; and
(3) Is knowledgeable about the availability
				of resources of the public agency.
e. An individual who can interpret the
				instructional implications of evaluation results, who may be a member of the
				team described in paragraphs 41.321(1)
"b"
to
"f"
;
f. At the
				discretion of the parent or the agency, other individuals who have knowledge or
				special expertise regarding the child, including related services personnel as
				appropriate; and
g. Whenever
				appropriate, the child with a disability.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.322 - Parent Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public
				agency responsibility-general.
Each public agency must take steps to
				ensure that one or both of the parents of a child with a disability are present
				at each IEP team meeting or are afforded the opportunity to participate,
				including:
a. Notifying parents of the meeting
				early enough to ensure that they will have an opportunity to attend;
				and
b. Scheduling the meeting at a
				mutually agreed-upon time and place.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.323 - When Ieps Must Be in Effect

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
An IEP must be in effect before special education and
				related services are provided to eligible individuals. At the beginning of each
				school year, each public agency must have in effect, for each child with a
				disability within its jurisdiction, an IEP, as defined in rule 281-41.320(256B,
				34CFR300).
(2) Reserved.
(3)
Initial IEPs; provision of
				services.
Each public agency must ensure that:
a. A meeting to develop an IEP for a child is
				conducted within 30 days of a determination that the child needs special
				education and related services; and
b. As soon as possible following development
				of the IEP, special education and related services are made available to the
				child in accordance with the child's IEP.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.324 - Development, Review, and Revision of Iep

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Development of IEP.
a.
General.
In developing each child's IEP, the IEP team must
				consider:
(1) The strengths of the
				child;
(2) The concerns of the
				parents for enhancing the education of their child;
(3) The results of the initial or most recent
				evaluation of the child; and
(4)
				The academic, developmental, and functional needs of the child.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.325 - Private School Placements by Public Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Developing IEPs.
a. Before a
				public agency places a child with a disability in, or refers a child to, a
				private school or facility, the agency must initiate and conduct a meeting to
				develop an IEP for the child in accordance with these rules.
b. The agency must ensure that a
				representative of the private school or facility attends the meeting. If the
				representative cannot attend, the agency must use other methods to ensure
				participation by the private school or facility, including individual or
				conference telephone calls.
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.326 - Other Rules Concerning Ieps

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Children from birth to the age of three.
A fully developed
				IFSP is considered to have met the rules for an IEP for an eligible individual
				younger than the age of three.
(2)
Support services only.
An IEP that satisfies the requirements
				of this chapter will be developed for eligible individuals who need only
				special education support services. The special education support service
				specialist with knowledge in the area of need will have primary responsibility
				for recommending the need for support service, the type or model of service to
				be provided, and the amount of service to be provided; however, the
				determination that an individual is eligible for special education will be
				based on these rules. Attendance at IEP meetings for students will be
				determined in accordance with rule
				281-41.325 (256B, 34CFR300
				).
Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.327 - Educational Placements

Current through Register Vol. 47, No. 3, July 24, 2024
Consistent with subrule 41.501(3), each public agency must
				  ensure that the parents of each child with a disability are members of any
				  group that makes decisions on the educational placement of the
				  child.