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 281-120.301 - Public Awareness Program-information for Parents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Preparation and dissemination.
In accordance with rule
				281-120.116 ( 34CFR303), the
				system must include a public awareness program that requires the department to:
a. Prepare information on the availability of
				early intervention services under this chapter, and other services, as
				described in subrule 120.301(2) and disseminate to all primary referral sources
				(especially hospitals and physicians) the information to be given to parents of
				infants and toddlers, especially parents with premature infants or infants with
				other physical risk factors associated with learning or developmental
				complications; and
b. Adopt
				procedures for assisting the primary referral sources described in subrule
				120.303(3) in disseminating the information described in subrule 120.301(2) to
				parents of infants and toddlers with disabilities.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.302 - Comprehensive Child Find System

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The Early ACCESS system must include a comprehensive
				child find system that:
a. Is consistent with
				Part B of the Act (see 34
				CFR 300.111);
b. Includes a system for making referrals to
				applicable public agencies or EIS providers under this chapter that:
(1) Includes timelines; and
(2) Provides for participation by the primary
				referral sources described in subrule 120.303(3);
c. Ensures rigorous standards for
				appropriately identifying infants and toddlers with disabilities for early
				intervention services under this chapter that will reduce the need for future
				services; and
d. Satisfies subrules
				120.302(2) and 120.302(3) and rules
				281-120.303 ( 34CFR303),
				281-120.310(34CFR303),
				281-120.320 (34CFR303), and
				281-120.321 (34CFR303).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.303 - Referral Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The child find system described in rule 281-120.302(
				34CFR303) must include the state's procedures for use by primary referral
				sources for referring a child under the age of three to the Part C program. The
				procedures required in this subrule must:
a.
				Provide for referring a child as soon as possible, but in no case more than
				seven days, after the child has been identified; and
b. Meet the requirements in subrules
				120.303(2) and 120.303(3).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.310 - Post-referral Timeline (45 calendar days)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Except as provided in subrule 120.310(2), any
				screening under rule 281-120.320 ( 34CFR303); the
				initial evaluation and the initial assessments of the child and family under
				rule 281-120.321 ( 34CFR303); and
				the initial IFSP meeting under rule
				281-120.342 ( 34CFR303) must be
				completed within 45 calendar days from the date the public agency or EIS
				provider receives the referral of the child.
(2)
Limited exceptions.
Subject to subrule 120.310(3), the 45-day timeline described in subrule
				120.310(1) does not apply for any period when:
a. The child or parent is unavailable to
				complete the screening (if applicable), the initial evaluation, the initial
				assessments of the child and family, or the initial IFSP meeting due to
				exceptional family circumstances that are documented in the child's early
				intervention records; or
b. The
				parent has not provided consent for the screening (if applicable), the initial
				evaluation, or the initial assessment of the child, despite documented,
				repeated attempts by the public agency or EIS provider to obtain parental
				consent.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.320 - Screening Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
a. The department
				may adopt procedures, consistent with this rule, to screen children under the
				age of three who have been referred to the Part C program to determine whether
				they are suspected of having a disability under this chapter. If a public
				agency or EIS provider proposes to screen a child, the agency or EIS provider
				must:
(1) Provide the parent notice under
				rule 281-120.421 ( 34CFR303) of the
				public agency's or EIS provider's intent to screen the child to identify
				whether the child is suspected of having a disability and include in that
				notice a description of the parent's right to request an evaluation under rule
				281-120.321 ( 34CFR303) at any
				time during the screening process; and
(2) Obtain parental consent as required in
				subrule 120.420(1) before conducting the screening
				procedures.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.321 - Evaluation of the Child and Assessment of the Child and Family

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The department must ensure that, subject to obtaining
				parental consent in accordance with subrule 120.420(1), each child under the
				age of three who is referred for evaluation or early intervention services
				under this chapter and suspected of having a disability receives:
a. A timely, comprehensive, multidisciplinary
				evaluation of the child in accordance with subrule 120.321(4) unless
				eligibility is established in paragraph 120.321(3)
"a"
;
				and
b. If the child is determined
				eligible as an infant or toddler with a disability as defined in rule
				281-120.21 ( 34CFR303):
(1) A multidisciplinary assessment of the
				unique strengths and needs of that infant or toddler and the identification of
				services appropriate to meet those needs;
(2) A family-directed assessment of the
				resources, priorities, and concerns of the family and the identification of the
				supports and services necessary to enhance the family's capacity to meet the
				developmental needs of that infant or toddler. The assessments of the child and
				family are described in subrule 120.321(5), and these assessments may occur
				simultaneously with the evaluation, provided that the requirements of subrule
				120.321(4) are met.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.322 - Determination That a Child Is Not Eligible

Current through Register Vol. 47, No. 3, July 24, 2024
If, based on the evaluation conducted under rule
				  281-120.321 ( 34CFR303), the
				  applicable agency determines that a child is not eligible under this chapter,
				  the agency must provide the parent with prior written notice required in rule
				  281-120.421 ( 34CFR303), and
				  include in the notice information about the parent's right to dispute the
				  eligibility determination through dispute resolution mechanisms under rule
				  281-120.430 ( 34CFR303), such
				  as requesting a due process hearing or mediation or filing a state
				  complaint.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.340 - Individualized Family Service Plan-general

Current through Register Vol. 47, No. 3, July 24, 2024
For each infant or toddler with a disability, the department
				  must ensure the development, review, and implementation of an individualized
				  family service plan developed by a multidisciplinary team, which includes the
				  parent, that is consistent with the definition of individualized family service
				  plan in rule 281-120.20 ( 34CFR303) and
				  satisfies rules 281-120.342 ( 34CFR303) through
				  281-120.346 ( 34CFR303
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.342 - Procedures for Ifsp Development, Review, and Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Meeting
				to develop initial IFSP-timelines.
For a child referred to the Early
				ACCESS system and determined to be eligible under this chapter as an infant or
				toddler with a disability, a meeting to develop the initial IFSP must be
				conducted within the 45-day time period described in rule
				281-120.310 ( 34CFR303
				).
(2)
Periodic
				review.
a. A review of the IFSP for
				a child and the child's family must be conducted every six months, or more
				frequently if conditions warrant, or if the family requests such a review. The
				purpose of the periodic review is to determine:
(1) The degree to which progress toward
				achieving the results or outcomes identified in the IFSP is being made;
				and
(2) Whether modification or
				revision of the results, outcomes, or early intervention services identified in
				the IFSP is necessary.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.343 - Ifsp Team Meeting and Periodic Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial
				and annual IFSP team meeting.
a.
				Each initial meeting and each annual IFSP team meeting to evaluate the IFSP
				must include the following participants:
(1)
				The parent or parents of the child.
(2) Other family members, as requested by the
				parent, if feasible to do so.
(3)
				An advocate or person outside of the family, if the parent requests that the
				person participate.
(4) The service
				coordinator designated by the public agency to be responsible for implementing
				the IFSP.
(5) A person or persons
				directly involved in conducting the evaluations and assessments in rule
				281-120.321( 34CFR303).
(6) As
				appropriate, persons who will be providing early intervention services under
				this chapter to the child or family.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.344 - Content of an Ifsp

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Information about the child's status.
The IFSP must include a
				statement of the infant or toddler with a disability's present levels of
				physical development (including vision, hearing, and health status), cognitive
				development, communication development, social or emotional development, and
				adaptive development based on the information from that child's evaluation and
				assessments conducted under rule
				281-120.321 ( 34CFR303
				).
(2)
Family
				information.
With the concurrence of the family, the IFSP must include
				a statement of the family's resources, priorities, and concerns related to
				enhancing the development of the child as identified through the assessment of
				the family under paragraph 120.321(5)
"b."
(3)
Results or outcomes.
The
				IFSP must include a statement of the measurable results or measurable outcomes
				expected to be achieved for the child (including preliteracy and language
				skills, as developmentally appropriate for the child) and family, and the
				criteria, procedures, and timelines used to determine:
a. The degree to which progress toward
				achieving the results or outcomes identified in the IFSP is being made;
				and
b. Whether modifications or
				revisions of the expected results or outcomes, or early intervention services
				identified in the IFSP are necessary.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.345 - Interim Ifsps-provision of Services Before Evaluations and Assessments Are Completed

Current through Register Vol. 47, No. 3, July 24, 2024
Early intervention services for an eligible child and the
				  child's family may commence before the completion of the evaluation and
				  assessments in rule 281-120.321 ( 34CFR303), if the
				  following conditions are met:
(1)
				Parental consent is obtained.
(2)
				An interim IFSP is developed that includes the name of the service coordinator
				who will be responsible, consistent with subrule 120.344(7), for implementing
				the interim IFSP and coordinating with other agencies and persons and includes
				the early intervention services that have been determined to be needed
				immediately by the child and the child's family.
(3) Evaluations and assessments are completed
				within the 45-day timeline in rule 281-120.310( 34CFR303).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.346 - Responsibility and Accountability

Current through Register Vol. 47, No. 3, July 24, 2024
Each public agency or EIS provider who has a direct role in
				  the provision of early intervention services is responsible for making a
				  good-faith effort to assist each eligible child in achieving the outcomes in
				  the child's IFSP. However, Part C of the Act does not require that any public
				  agency or EIS provider be held accountable if an eligible child does not
				  achieve the growth projected in the child's IFSP, so long as the child's IFSP
				  was reasonably calculated to confer benefit and was
				  implemented.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.347 - Family Support Mentoring Program

Current through Register Vol. 47, No. 3, July 24, 2024
Rule 281-41. 329(256B, 34CFR300) is incorporated herein by
				  this reference. This rule is intended to implement Iowa Code section
				  256B.10.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.400 - General Responsibility of Lead Agency for Procedural Safeguards

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to subrule 120.400(3), the department must:
(1) Establish or adopt the procedural
				safeguards that satisfy this division, including the provisions on
				confidentiality in rules
				281-120.401 ( 34CFR303) through
				281-120.417 ( 34CFR303),
				parental consent and notice in rules
				281-120.420 ( 34CFR303) and
				281-120.421( 34CFR303), surrogate parents in rule
				281-120.422 ( 34CFR303), and
				dispute resolution procedures in rule
				281-120.430 ( 34CFR303
				);
(2) Ensure the effective
				implementation of the safeguards by each participating agency (including the
				lead agency and EIS providers) in the statewide system that is involved in the
				provision of early intervention services under this chapter; and
(3) Make available to parents an initial copy
				of the child's early intervention record, at no cost to the parents.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.401 - Confidentiality and Opportunity to Examine Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The state must ensure that the parents of a child
				referred under this chapter are afforded the right to confidentiality of
				personally identifiable information, including the right to written notice of,
				and written consent to, the exchange of that information among agencies,
				consistent with federal and state laws.
(2)
Confidentiality
				procedures.
As required under Sections 617(c) and 642 of the Act,
				rules 281-120.401 ( 34CFR303) through
				281-120.417 ( 34CFR303) ensure
				the protection of the confidentiality of any personally identifiable data,
				information, and records collected or maintained pursuant to this chapter by
				the Secretary and by participating agencies, including the department and EIS
				providers, in accordance with the protections under the Family Educational
				Rights and Privacy Act (FERPA) in
				20 U.S.C.
				1232g and 34 CFR Part 99 . The state must
				have procedures in effect to ensure that:
a.
				Participating agencies (including the lead agency and EIS providers) comply
				with the Part C confidentiality procedures in rules
				281-120.401 ( 34CFR303) through
				281-120.417 (34CFR303);
				and
b. The parents of infants or
				toddlers who are referred to or receive services under this chapter are
				afforded the opportunity to inspect and review all Part C early intervention
				records about the child and the child's family that are collected, maintained,
				or used under this chapter, including records related to evaluations and
				assessments, screening, eligibility determinations, development and
				implementation of IFSPs, provision of early intervention services, individual
				complaints involving the child, or any part of the child's early intervention
				record 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 281-120.402 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The Secretary takes appropriate action, in accordance with
				  Section 444 of GEPA, to ensure the protection of the confidentiality of any
				  personally identifiable data, information, and records collected, maintained,
				  or used by the Secretary and by all lead agencies and EIS providers pursuant to
				  Part C of the Act and consistent with rules
				  281-120.401 ( 34CFR303) through
				  281-120.417 ( 34CFR303). Rules
				  281-120.401 ( 34CFR303) through
				  281-120.417 ( 34CFR303) ensure
				  the protection of the confidentiality of any personally identifiable data,
				  information, and records collected or maintained pursuant to this chapter by
				  the Secretary and by participating agencies, including state lead agencies and
				  EIS providers, in accordance with the Family Educational Rights and Privacy Act
				  (FERPA), 20 U.S.C.
				  1232g, and 34 CFR Part 99.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.403 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules 281- 120.402(
				  34CFR303) through 281-120.417 ( 34CFR303) in
				  addition to the definition of "personally identifiable information" in rule
				  281-120.29 ( 34CFR303) and the
				  definition of "disclosure" in
				  34 CFR
				  99.3:
(1) "Destruction" means physical destruction
				of the record or ensuring that personal identifiers are removed from a record
				so that the record is no longer personally identifiable under rule 281-120.29(
				34CFR303).
(2) "Early intervention
				records" means all records regarding a child that are required to be collected,
				maintained, or used under Part C of the Act and the rules in this
				chapter.
(3) "Participating agency"
				means any individual, agency, entity, or institution that collects, maintains,
				or uses personally identifiable information to implement Part C of the Act and
				the rules in this chapter with respect to a particular child. A participating
				agency includes the department and EIS providers and any individual or entity
				that provides any Part C services (including service coordination, evaluations
				and assessments), but does not include primary referral sources, or public
				agencies (such as the state Medicaid program or CHIP) or private entities (such
				as private insurance companies) that act solely as funding sources for Part C
				services.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.404 - Notice to Parents

Current through Register Vol. 47, No. 3, July 24, 2024
The relevant agency must give notice when a child is referred
				  under Part C of the Act that is adequate to fully inform parents about rule
				  281-120.402 ( 34CFR303),
				  including:
(1) A description of the
				children on whom personally identifiable information is maintained, the types
				of information sought, the methods the state intends to use in gathering the
				information (including the sources from whom information is gathered), and the
				uses to be made of the information;
(2) A summary of the policies and procedures
				that participating agencies must follow regarding storage, disclosure to third
				parties, retention, and destruction of personally identifiable
				information;
(3) A description of
				all the rights of parents and children regarding this information, including
				their rights under the Part C confidentiality provisions in rules 281-120.401(
				34CFR303) through 281-120.417 ( 34CFR303);
				and
(4) A description of the extent
				that the notice is provided in the native languages of the various population
				groups in the state.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.405 - Access Rights

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each participating agency must permit parents to
				inspect and review any early intervention records relating to their children
				that are collected, maintained, or used by the agency under this chapter. The
				agency must comply with a parent's request to inspect and review records
				without unnecessary delay and before any meeting regarding an IFSP, or any
				hearing pursuant to subrule 120.430(4) and rules
				281-120.435 ( 34CFR303) through
				281-120.439( 34CFR303), and in no case more than ten days after the request is
				made.
(2)
Inspect and
				review.
The right to inspect and review early intervention records
				under this rule includes:
a. The right to a
				response from the participating agency to reasonable requests for explanations
				and interpretations of the early intervention records;
b. The right to request that the
				participating agency provide copies of the early intervention records
				containing the information if failure to provide those copies would effectively
				prevent the parent from exercising the right to inspect and review the records;
				and
c. The right to have a
				representative of the parent inspect and review the early intervention
				records.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.406 - Record of Access

Current through Register Vol. 47, No. 3, July 24, 2024
Each participating agency must keep a record of parties
				  obtaining access to early intervention records collected, maintained, or used
				  under Part C of the Act (except access by parents and authorized
				  representatives and employees of the participating agency), including the name
				  of the party, the date access was given, and the purpose for which the party is
				  authorized to use the early intervention records.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.407 - Records on More Than One Child

Current through Register Vol. 47, No. 3, July 24, 2024
If any early intervention record includes information on more
				  than one child, the parents of those children have the right to inspect and
				  review only the information relating to their child or to be informed of that
				  specific information.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.408 - List of Types and Locations of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Each participating agency must provide parents, on request, a
				  list of the types and locations of early intervention records collected,
				  maintained, or used by the agency.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.409 - Fees for Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each participating agency may charge a fee for copies
				of records that are made for parents under this chapter if the fee does not
				effectively prevent the parents from exercising their right to inspect and
				review those records, except as provided in subrule 120.409(3).
(2)
No fees to search or
				retrieve.
A participating agency may not charge a fee to search for or
				to retrieve information under this chapter.
(3)
Copies of certain documents at no
				cost.
A participating agency must provide at no cost to parents a copy
				of each evaluation, assessment of the child, family assessment, and IFSP as
				soon as possible after each IFSP meeting.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.410 - Amendment of Records at a Parent's Request

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Parent
				permitted to request amendment.
A parent who believes that information
				in the early intervention records collected, maintained, or used under this
				chapter is inaccurate, misleading, or violates the privacy or other rights of
				the child or parent may request that the participating agency that maintains
				the information amend the information.
(2)
Agency to act on parent's
				request.
The participating agency must decide whether to amend the
				information in accordance with the request within a reasonable period of time
				of receipt of the request.
(3)
Agency to inform parent of hearing rights.
If the
				participating agency refuses to amend the information in accordance with the
				request, the participating agency must inform the parent of the refusal and
				advise the parent of the right to a hearing under rule 281-120.411( 34CFR303
				).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.411 - Opportunity for a Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
The participating agency must, on request, provide parents
				  with the opportunity for a hearing to challenge information in their child's
				  early intervention records to ensure that the information is not inaccurate,
				  misleading, or otherwise in violation of the privacy or other rights of the
				  child or parents. A parent may request a due process hearing under the
				  procedures in subrule 120.430(4), provided that such hearing procedures satisfy
				  the hearing procedures in rule
				  281-120.413 ( 34CFR303), or may
				  request a hearing directly under rule
				  281-120.413 ( 34CFR303
				 ).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.412 - Result of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Information to be amended.
If, as a result of the hearing, the
				participating agency decides that the information is inaccurate, misleading or
				in violation of the privacy or other rights of the child or parent, the
				participating agency must amend the information accordingly and so inform the
				parent in writing.
(2)
Information not to be amended.
If, as a result of the hearing,
				the agency decides that the information is not inaccurate, misleading, or in
				violation of the privacy or other rights of the child or parent, the agency
				must inform the parent of the right to place in the early intervention records
				the agency maintains on the child a statement commenting on the information or
				setting forth any reasons for disagreeing with the decision of the
				agency.
(3)
Explanation
				placed in records.
Any explanation placed in the early intervention
				records of the child under this rule must be maintained by the agency as part
				of the early intervention records of the child as long as the record or
				contested portion is maintained by the agency. If the early intervention
				records of the child or the contested portion are disclosed by the agency to
				any party, the explanation must also be disclosed to the party.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.413 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
A hearing held under rule
				  281-120.411 ( 34CFR303) will be
				  conducted according to the procedures under
				  34 CFR
				  99.22.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.414 - Consent Prior to Disclosure or Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Except as provided in subrule 120.414(2), prior
				parental consent must be obtained before personally identifiable information
				is:
a. Disclosed to anyone other than
				authorized representatives, officials, or employees of participating agencies
				collecting, maintaining, or using the information under this chapter, subject
				to subrule 120.414(2); or
b. Used
				for any purpose other than meeting a requirement 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 281-120.415 - Safeguards

Current through Register Vol. 47, No. 3, July 24, 2024
Each participating agency must protect the confidentiality of
				  personally identifiable information at the collection, maintenance, use,
				  storage, disclosure, and destruction stages. One official at each participating
				  agency must assume responsibility for ensuring the confidentiality of any
				  personally identifiable information. All persons collecting or using personally
				  identifiable information must receive training or instruction regarding the
				  state's policies and procedures under rules
				  281-120.401 ( 34CFR303) through
				  281-120.417 ( 34CFR303) and 34
				  CFR Part 99 . Each participating agency must maintain, for public inspection, a
				  current listing of the names and positions of those employees within the agency
				  who may have access to personally identifiable information.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.416 - Destruction of Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notification to parent.
The participating agency must inform
				parents when personally identifiable information collected, maintained, or used
				under this chapter is no longer needed to provide services to the child under
				Part C of the Act, the GEPA provisions in
				20 U.S.C.
				1232f, and EDGAR, 34 CFR Parts 76 and
				80.
(2)
Mandatory and
				permissive destruction of personally identifiable information.
Subject
				to subrule 120.416(1), the information must be destroyed at the request of the
				parents. However, a permanent record of a child's name, date of birth, parent
				contact information (including address and telephone number), names of service
				coordinator(s) and EIS provider(s), and exit data (including year and age upon
				exit and any programs entered into upon exiting) may be maintained without time
				limitation.
(3)
Rule of
				construction-"no longer needed to provide services."
For purposes of
				this rule, "no longer needed to provide services" means that a record is no
				longer relevant to the provision of Early ACCESS services and is no longer
				needed for accountability and audit purposes. At a minimum, a record needed for
				accountability and audit purposes will be retained for five years after
				completion of the activity for which funds were used.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.417 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
The department must have in effect the policies and
				  procedures, including sanctions and the right to file a complaint under rules
				  281-120.432 ( 34CFR303) through
				  281-120.434 ( 34CFR303), that
				  the department uses to ensure that its policies and procedures, consistent with
				  rules 281-120.401 ( 34CFR303) through
				  281-120.417 ( 34CFR303), are
				  followed and that the Act and the rules in this chapter are
				  met.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.420 - Parental Consent and Ability to Decline Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The relevant agency must ensure parental consent is
				obtained before:
a. Administering screening
				procedures under rule
				281-120.320 ( 34CFR303) that
				are used to determine whether a child is suspected of having a
				disability;
b. All evaluations and
				assessments of a child are conducted under rule
				281-120.321 ( 34CFR303
				);
c. Early intervention services
				are provided to a child under this chapter;
d. Public benefits or insurance or private
				insurance is used if such consent is required under rule 281-120. 520( 34CFR303
				); and
e. Disclosure of personally
				identifiable information consistent with rule 281- 120.414( 34CFR303
				).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.421 - Prior Written Notice and Procedural Safeguards Notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Prior written notice must be provided to parents a
				reasonable time before an agency or an EIS provider proposes, or refuses, to
				initiate or change the identification, evaluation, or placement of the parents'
				infant or toddler or the provision of early intervention services to the infant
				or toddler with a disability and that infant's or toddler's family.
(2)
Content of notice.
The
				notice must be in sufficient detail to inform parents about:
a. The action that is being proposed or
				refused;
b. The reasons for taking
				the action; and
c. All procedural
				safeguards that are available under this chapter, including a description of
				mediation in rule 281-120.431( 34CFR303), how to file a state complaint in
				rules 281-120.432( 34CFR303) through
				281-120.434 ( 34CFR303) and a
				due process complaint in the provisions adopted under subrule 120.430(4), and
				any timelines under those procedures.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.422 - Surrogate Parents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The department or other public agency must ensure
				that the rights of a child are protected when:
a. No parent (as defined in rule 281-120.27(
				34CFR303)) can be identified;
b.
				The department or AEA, after reasonable efforts, cannot locate a parent;
				or
c. The child is a ward of the
				state under the laws of the state.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.430 - State Dispute Resolution Options

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Each statewide system must include written procedures
				for the timely administrative resolution of complaints through mediation, state
				complaint procedures, and due process hearing procedures, described in subrules
				120.430(2) through 120.430(6).
(2)
Mediation.
The department must make available to parties to
				disputes involving any matter under this chapter the opportunity for mediation
				that satisfies rule 281-120.431 ( 34CFR303
				).
(3)
State complaint
				procedures.
The department must adopt written state complaint
				procedures that satisfy rule
				281-120.432 ( 34CFR303) to
				resolve any state complaints filed by any party regarding any violation of this
				chapter.
(4)
Due process
				hearing procedures.
The department must adopt written due process
				hearing procedures to resolve complaints with respect to a particular child
				regarding any matter identified in subrule 120.421(1). The department adopts
				the Part C due process hearing procedures under Section 639 of the
				Act.
(5)
Status of a child
				during the pendency of a due process complaint.
During the pendency of
				any proceeding involving a due process complaint under subrule 120.430(4),
				unless the agency and parents of an infant or toddler with a disability
				otherwise agree, the child must continue to receive the appropriate early
				intervention services in the setting identified in the IFSP that is consented
				to by the parents. If the due process complaint under subrule 120.430(4)
				involves an application for initial services under Part C of the Act, the child
				must receive those services that are not in dispute.
(6)
Status of a child during the
				pendency of mediation.
During the pendency of any request for
				mediation under subrule 120.430(2) and for ten days after any such mediation
				conference at which no agreement is reached, unless the agency and the parents
				of the child agree otherwise, the child involved in any such mediation
				conference will continue to receive the appropriate early intervention services
				identified in the IFSP in the setting that is consented to by the parents. If
				the mediation involves an application for initial services under Part C of the
				Act, the child will receive those services that are not in dispute.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.431 - Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The department must ensure that procedures are
				established and implemented to allow parties to disputes involving any matter
				under this chapter, including matters arising prior to the filing of a due
				process complaint, to resolve disputes through a mediation process at any
				time.
(2)
Requirements.
The procedures must meet the following
				provisions:
a. The procedures must ensure
				that the mediation process:
(1) Is voluntary
				on the part of the parties;
(2) Is
				not used to deny or delay a parent's right to a due process hearing, or to deny
				any other rights afforded under Part C of the Act; and
(3) Is conducted by a qualified and impartial
				mediator who is trained in effective mediation techniques.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.432 - Adoption of State Complaint Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The state complaint procedures in rules
				  281-41.151 (256B, 34CFR300)
				  through 281-41.153 (256B, 34CFR300),
				  inclusive, are made applicable to this chapter by reference.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.435 - Appointment of an Administrative Law Judge

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Qualifications and duties.
Whenever a due process complaint is
				received under subrule 120.430(4), the department will appoint an impartial
				administrative law judge (ALJ) to implement the complaint resolution process in
				this chapter. The person must:
a. Have
				knowledge about the provisions of Part C of the Act and of this chapter and the
				needs of, and early intervention services available for, infants and toddlers
				with disabilities and their families; and
b. Perform the following duties:
(1) Listen to the presentation of relevant
				viewpoints about the due process complaint;
(2) Examine all information relevant to the
				issues;
(3) Seek to reach a timely
				resolution of the due process complaint; and
(4) Provide a record of the proceedings,
				including a written decision.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.436 - Parental Rights in Due Process Hearing Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The department must ensure that the parents of a
				child referred to or receiving Part C services are afforded the rights in
				subrule 120.436(2) in the due process hearing carried out under subrule
				120.430(4).
(2)
Rights of
				parents.
Any parent involved in a due process hearing has the right
				to:
a. Be accompanied and advised by counsel
				and by individuals with special knowledge or training with respect to early
				intervention services for infants and toddlers with disabilities;
b. Present evidence and confront,
				cross-examine, and compel the attendance of witnesses;
c. Prohibit the introduction of any evidence
				at the hearing that has not been disclosed to the parent at least five days
				before the hearing;
d. Obtain a
				written or electronic verbatim transcription of the hearing at no cost to the
				parent; and
e. Receive a written
				copy of the findings of fact and decisions at no cost to the parent.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.437 - Convenience of Hearings and Timelines

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time
				and place.
Any due process hearing conducted under this chapter must
				be carried out at a time and place that is reasonably convenient to the
				parents.
(2)
Timeline for
				ALJ decision.
The department must ensure that, not later than 30 days
				after the receipt of a parent's due process complaint, the due process hearing
				required under this chapter is completed and a written decision mailed to each
				of the parties.
(3)
Extension of ALJ timeline.
An ALJ may grant specific
				extensions of time beyond the period set out in subrule 120.437(2) at the
				request of either party.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.438 - Civil Action

Current through Register Vol. 47, No. 3, July 24, 2024
Any party aggrieved by the findings and decision issued
				  pursuant to a due process complaint has the right to bring a civil action in
				  state or federal court under Section 639(a)(1) 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 281-120.439 - Limitation of Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Limitation: due process complaints.
A parent, agency, or EIS
				provider must request an impartial hearing on the due process complaint within
				two years of the date the parent, agency, or provider knew or should have known
				about the alleged action that forms the basis of the due process
				complaint.
(2)
Exceptions
				to timeline.
The timeline described in subrule 120.439(1) does not
				apply to a parent if the parent was prevented from filing a due process
				complaint due to either of the following:
a.
				Specific misrepresentations by an agency or EIS provider that it had resolved
				the problem forming the basis of the due process complaint; or
b. The agency's or EIS provider's withholding
				of information from the parent that was required under this chapter to be
				provided to the parent.
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.440 - Rule of Construction

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing in this chapter restricts or limits the rights,
				  procedures, and remedies available under the Constitution, the Americans with
				  Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other
				  federal laws protecting the rights of children with disabilities, except that,
				  before the filing of a civil action under these laws seeking relief that is
				  also available under Section 639 of the Act, the procedures under this chapter
				  must be exhausted to the same extent as would be required had the action been
				  brought under Section 639 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 281-120.441 - Attorney Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Reasonable attorney fees are available to a prevailing party
				  (parent or, in certain circumstances, public agency or EIS provider) in a due
				  process hearing or a mediation conference to the extent those fees are
				  available under the Act. No fees are available under the state complaint
				  procedure in subrule 120.430(3).
Iowa Administrative Code › Agency 281 - Education Department › Title XVIII - Early Childhood › Chapter 120 - Early Access Integrated System of Early Intervention Services › Rule 281-120.449 - State Enforcement Mechanisms

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding subrule 120.431(2), which provides for
				  judicial enforcement of a written agreement reached as a result of a mediation,
				  there is nothing in this chapter that would prevent the state from using other
				  mechanisms to seek enforcement of that agreement, provided that use of those
				  mechanisms is not mandatory and does not delay or deny a party the right to
				  seek enforcement of the written agreement in a state court of competent
				  jurisdiction or in a district court of the United States.