Created by 1986 Iowa Acts,
chapter 1245, section 1401.
Prior to 9/7/88, see Public Instruction Department[670]
(Replacement pages for 9/7/88 published in 9/21/88 IAC)
TITLE
I
GENERAL INFORMATION—
DEPARTMENT OPERATIONS
CHAPTER 1
ORGANIZATION AND OPERATION
1.1(17A,256) State board of education
1.2(17A,256) Student member of state board of education
1.3(17A,256) Director of education
1.4(17A,256) Department of education
CHAPTER 2
AGENCY PROCEDURE FOR RULE
MAKING AND PETITIONS FOR
RULE MAKING
(Uniform Rules)
2.2(17A) Advice on possible rules before notice of proposed rule adoption
2.3(17A) Public rule–making docket
2.4(17A) Notice of proposed rule making
2.7(17A,25B) Fiscal impact statement
2.8(17A) Time and manner of rule adoption
2.9(17A) Variance between adopted rule and published notice of proposed rule adoption
2.10(17A) Exemptions from public rule–making procedures
2.11(17A) Concise statement of reasons
2.12(17A) Contents, style, and form of rule
2.13(17A) Agency rule–making record
2.15(17A) Effectiveness of rules prior to publication
2.16(17A) General statements of policy
2.17(17A) Review by agency of rules
2.18(17A) Petition for rule making
(Uniform Rules)
3.1(17A) Petition for declaratory order
3.6(17A) Service and filing of petitions and other papers
3.9(17A) Refusal to issue order
3.10(17A) Contents of declaratory order—effective date
3.12(17A) Effect of a declaratory order
CHAPTER 4
WAIVERS OR VARIANCES FROM ADMINISTRATIVE RULES
4.1(17A,ExecOrd11) Definitions
4.2(17A,ExecOrd11) Scope of chapter
4.3(17A,ExecOrd11) Applicability of chapter
4.4(17A,ExecOrd11) Criteria for waiver
4.5(17A,ExecOrd11) Filing of petition
4.6(17A,ExecOrd11) Content of petition
4.7(17A,ExecOrd11) Additional information
4.9(17A,ExecOrd11) Hearing procedures
4.11(17A,ExecOrd11) Public availability
4.12(17A,ExecOrd11) Summary reports
4.13(17A,ExecOrd11) Cancellation
4.14(17A,ExecOrd11) Violations
4.16(17A,ExecOrd11) Judicial review
CHAPTER 5
PUBLIC RECORDS AND
FAIR INFORMATION PRACTICES
(Uniform Rules)
5.3(256) Requests for access to records
5.6(256) Procedure by which additions, dissents, or objections may be entered into certain records
5.9(256) Disclosures without the consent of the subject
5.11(256) Consensual disclosure of confidential records
5.12(256) Release to a subject
5.13(256) Availability of records
5.14(256) Personally identifiable information
5.15(256) Other groups of records
6.8(290) Subpoena of witnesses and costs
6.10(17A) Consolidation—severance
6.11(17A) Waiver of procedures
6.14(17A) Ex parte communication
6.17(290,17A) Decision and review
6.18(290) Finality of decision
6.20(17A) Application for rehearing of final decision
6.22(17A) Emergency adjudicative proceedings
7.5(290,17A) Appeal from grant denial or termination
TITLE II
ACCREDITED SCHOOLS AND SCHOOL DISTRICTS
CHAPTER 11
UNSAFE SCHOOL CHOICE OPTION
11.3(PL107–110) Whole school option
11.4(PL107–110) Individual student option
11.5(PL107–110) District reporting
CHAPTER 12
GENERAL ACCREDITATION
STANDARDS
DIVISION I
GENERAL STANDARDS
DIVISION II
DEFINITIONS
DIVISION III
ADMINISTRATION
DIVISION IV
SCHOOL PERSONNEL
DIVISION V
EDUCATION PROGRAM
DIVISION VI
ACTIVITY PROGRAM
DIVISION VII
STAFF DEVELOPMENT
12.7(256,284,284A) Professional development
DIVISION VIII
ACCOUNTABILITY
12.8(256) Accountability for student achievement
DIVISION IX
EXEMPTION REQUEST PROCESS
12.9(256) General accreditation standards exemption request
CHAPTER 13
INTER–DISTRICT SHARING
Reserved
CHAPTER 14
SHARED TIME
Reserved
CHAPTER 15
USE OF TELECOMMUNICATIONS FOR INSTRUCTION BY SCHOOLS
15.5(256) Teacher preparation and accessibility
15.6(256) School responsibilities
CHAPTER 16
STATEWIDE VOLUNTARY
PRESCHOOL PROGRAM
16.3(82GA,HF877) Preschool program standards
16.4(82GA,HF877) Collaboration requirements
16.5(82GA,HF877) Applications for funding
16.6(82GA,HF877) Application process
16.7(82GA,HF877) Award contracts
16.8(82GA,HF877) Contract termination
16.9(82GA,HF877) Criteria for applications for funding
16.10(82GA,HF877) Appeal of application denial or termination
16.12(82GA,HF877) Transportation
16.13(82GA,HF877) Accountability requirements
16.15(82GA,HF877) Open enrollment not applicable
17.4(282) Filing
after the March 1
deadline—good cause
17.5(282) Filing
after the March 1
deadline—harassment or serious health condition
17.6(282) Restrictions to open enrollment requests
17.7(282) Open enrollment for kindergarten
17.8(282) Requirements
applicable to
parents/guardians and students
17.11(282) Special education students
17.12(282) Laboratory school provisions
17.14(282) Voluntary diversity plans or court–ordered desegregation plans
18.3(256) Eligibility for waiver, partial waiver or temporary waiver of student fees
19.2(256,279) Attendance center closing procedure
19.3(256,279) Grade realignments
TITLE III
COMMUNITY COLLEGES
DIVISION I
APPROVAL STANDARDS
21.4(260C) Curriculum and evaluation
21.5(260C) Library or learning resource center
21.7(260C) Laboratories, shops, equipment and supplies
21.9(260C) Building and site approval
21.11(260C) Community college accreditation process
21.12(260C) Standards for community colleges
DIVISION II
COMMUNITY COLLEGE ENERGY APPROPRIATIONS
DIVISION III
INSTRUCTIONAL COURSE FOR DRINKING DRIVERS
21.32(321J) Tuition fee established
21.33(321J) Administrative fee established
DIVISION IV
JOBS NOW CAPITALS ACCOUNT
DIVISION V
STATE COMMUNITY COLLEGE FUNDING PLAN
DIVISION VI
INTERCOLLEGIATE ATHLETIC COMPETITION
DIVISION VII
QUALITY INSTRUCTIONAL CENTER INITIATIVE
21.59(260C) Eligibility requirements
21.61(260C) Evaluation and selection criteria
DIVISION
VIII
PROGRAM AND ADMINISTRATIVE
SHARING INITIATIVE
21.66(260C) Eligibility requirements
21.68(260C) Evaluation and selection criteria
21.71(260C) Combining
merged areas—
election
DIVISION IX
APPRENTICESHIP PROGRAM
21.74(260C) Apprenticeship programs
DIVISION X
MISCELLANEOUS PROVISIONS
21.75(260C,82GA,SF358) Used motor vehicle dealer education program
CHAPTER 22
POSTSECONDARY ENROLLMENT OPTIONS
22.2(261C) Enrollment procedures
22.3(261C) Student eligibility
22.4(261C) Eligible postsecondary courses
22.5(261C) Request for payment time frames
22.6(261C) Tuition reimbursements and adjustments
CHAPTER 24
COMMUNITY COLLEGE ACCREDITATION
24.4(260C) Accreditation components and criteria—Higher Learning Commission
24.5(260C) Accreditation components and criteria—additional state standards
24.6(260C) Accreditation process
TITLE IV
DRIVER AND SAFETY EDUCATION
TITLE V
NONTRADITIONAL STUDENTS
CHAPTER 31
COMPETENT PRIVATE INSTRUCTION
AND DUAL ENROLLMENT
31.2(299) Reports as to competent private instruction
31.3(299) Duties of licensed practitioners
31.4(299A) School district duties related to competent private instruction
31.7(299A) Baseline testing and annual assessment
31.8(299A) Reporting assessment results
31.9(299A) Special education students
CHAPTER 32
HIGH SCHOOL
EQUIVALENCY DIPLOMA
32.2(259A) By whom administered
CHAPTER 33
EDUCATING THE HOMELESS
33.3(256) Responsibilities of the board of directors
33.4(256) School records; student transfers
33.5(256) Immunization requirements
33.6(256) Waiver of fees and charges encouraged
33.7(256) Waiver of enrollment requirements encouraged; placement
33.8(256) Residency of homeless child or youth
33.10(256) Transportation of homeless children and youth
CHAPTER 34
FUNDING FOR CHILDREN RESIDING IN STATE INSTITUTIONS OR MENTAL HEALTH INSTITUTES
34.5(218) Program submission and approval
34.6(218) Budget submission and approval
34.9(218) Contracting for services
34.10(218) Accounting for average daily attendance
34.11(218) Accounting for actual program costs
34.13(218) Hold–harmless provision
34.14(218,256B,34CFR300) AEA services
34.15(218,233A,261C) Postsecondary credit courses
TITLE VI
INTERSCHOLASTIC COMPETITION
CHAPTER 36
EXTRACURRICULAR
INTERSCHOLASTIC COMPETITION
36.2(280) Registered organizations
36.3(280) Filings by organizations
36.5(280) Federation membership
36.11(280) Examinations by auditors
36.13(280) Appearance before state board
36.14(280) Interscholastic athletics
36.15(280) Eligibility requirements
36.16(280) Executive board review
36.17(280) Appeals to director
36.18(280) Organization policies
36.19(280) Eligibility in situations of district organization change
36.20(280) Cooperative student participation
CHAPTER 37
EXTRACURRICULAR ATHLETIC ACTIVITY CONFERENCE FOR
MEMBER SCHOOLS
37.2(280) Initial responsibility
37.3(280) Complaint to the director, department of education
37.5(280) Resolution or recommendation of the mediation team
37.7(280) Effective date of the decision
TITLE VII
SPECIAL EDUCATION
DIVISION I
PURPOSE AND APPLICABILITY
41.2(256B,34CFR300) Applicability of this chapter
DIVISION II
DEFINITIONS
41.4(256B,273) Area education agency
41.5(256B,34CFR300) Assistive technology device
41.6(256B,34CFR300) Assistive technology service
41.7(256B,34CFR300) Charter school
41.8(256B,34CFR300) Child with a disability
41.10(256B,34CFR300) Core academic subjects
41.11(256B,34CFR300) Day; business day; school day
41.12(256B,34CFR300) Educational service agency
41.13(256B,34CFR300) Elementary school
41.14(256B,34CFR300) Equipment
41.15(256B,34CFR300) Evaluation
41.16(256B,34CFR300) Excess costs
41.17(256B,34CFR300) Free appropriate public education
41.18(256B,34CFR300) Highly qualified special education teachers
41.19(256B,34CFR300) Homeless children
41.21(256B,34CFR300) Indian and Indian tribe
41.22(256B,34CFR300) Individualized education program
41.23(256B,34CFR300) Individualized education program team
41.24(256B,34CFR300) Individualized family service plan
41.25(256B,34CFR300) Infant or toddler with a disability
41.26(256B,34CFR300) Institution of higher education
41.27(256B,34CFR300) Limited English proficient
41.28(256B,34CFR300) Local educational agency
41.29(256B,34CFR300) Native language
41.31(256B,34CFR300) Parent training and information center
41.32(245B,34CFR300) Personally identifiable
41.33(256B,34CFR300) Public agency; nonpublic agency; agency
41.34(256B,34CFR300) Related services
41.35(34CFR300) Scientifically based research
41.36(256B,34CFR300) Secondary school
41.39(256B,34CFR300) Special education
41.41(256B,34CFR300) State educational agency
41.42(256B,34CFR300) Supplementary aids and services
41.43(256B,34CFR300) Transition services
41.44(34CFR300) Universal design
41.45(256B,34CFR300) Ward of the state
41.50(256B,34CFR300) Other definitions associated with identification of eligible individuals
41.51(256B,34CFR300) Other definitions applicable to this chapter
DIVISION III
RULES APPLICABLE TO THE STATE AND
TO ALL AGENCIES
41.100(256B,34CFR300) Eligibility for assistance
41.101(256B,34CFR300) Free appropriate public education (FAPE)
41.102(256B,34CFR300) Limitation—exceptions to FAPE for certain ages
41.103(256B,34CFR300) FAPE—methods and payments
41.104(256B,34CFR300) Residential placement
41.105(256B,34CFR300) Assistive technology
41.106(256B,34CFR300) Extended school year services
41.107(256B,34CFR300) Nonacademic services
41.108(256B,34CFR300) Physical education
41.109(256B,34CFR300) Full educational opportunity goal (FEOG)
41.110(256B,34CFR300) Program options
41.111(256B,34CFR300) Child find
41.112(256B,34CFR300) Individualized education programs (IEPs)
41.114(256B,34CFR300) Least restrictive environment (LRE)
41.115(256B,34CFR300) Continuum of alternative services and placements
41.116(256B,34CFR300) Placements
41.117(256B,34CFR300) Nonacademic settings
41.118(256B,34CFR300) Children in public or private institutions
41.119(256B,34CFR300) Technical assistance and training activities
41.120(256B,34CFR300) Monitoring activities
41.121(256B,34CFR300) Procedural safeguards
41.122(256B,34CFR300) Evaluation
41.123(256B,34CFR300) Confidentiality of personally identifiable information
41.124(256B,34CFR300) Transition of children from the Part C program to preschool programs
41.129(256B,34CFR300) Responsibility regarding children in private schools
Definition of parentally placed private school children with disabilities
Child find for parentally placed private school children with disabilities
Provision of services for parentally placed private school children with disabilities: basic requirement
Expenditures
Consultation
Written affirmation
Compliance
Equitable services determined
Equitable services provided
Location of services and transportation
Due process complaints and state complaints
Requirement that funds not benefit a private school
Use of personnel
Separate classes prohibited
Property, equipment, and supplies
Applicability of rules 41.146(256B, 34CFR300) to 41.147(256B, 34CFR300)
41.146(256B,34CFR300) Responsibility of department
41.147(256B,34CFR300) Implementation by department
41.148(256B,34CFR300) Placement of children by parents when FAPE is at issue
41.149(256B,34CFR300) SEA responsibility for general supervision
41.151(256B,34CFR300) Adoption of state complaint procedures
41.152(256B,34CFR300) Minimum state complaint procedures
41.153(256B,34CFR300) Filing a complaint
41.154(256B,34CFR300) Methods of ensuring services
41.155(256B,34CFR300) Hearings relating to AEA or LEA eligibility
41.156(256B,34CFR300) Personnel qualifications
41.162(256B,34CFR300) Supplementation of state, local, and other federal funds
41.163(256B,34CFR300) Maintenance of state financial support
41.165(256B,34CFR300) Public participation
41.166(256B,34CFR300) Rule of construction
41.167(256B,34CFR300) State advisory panel
41.168(256B,34CFR300) Advisory panel membership
41.169(256B,34CFR300) Advisory panel duties
41.170(256B,34CFR300) Suspension and expulsion rates
41.172(256B,34CFR300) Access to instructional materials
41.173(256B,34CFR300) Overidentification and disproportionality
41.174(256B,34CFR300) Prohibition on mandatory medication
41.176(256B) Special school provisions
41.178(256B) Materials, equipment and assistive technology
41.186(256B,34CFR300) Assistance under other federal programs
41.187(256B) Research, innovation, and improvement
DIVISION IV
LEA AND AEA ELIGIBILITY, IN GENERAL
41.200(256B,34CFR300) Condition of assistance
41.201(256B,34CFR300) Consistency with state policies
41.202(256B,34CFR300) Use of amounts
41.203(256B,34CFR300) Maintenance of effort
41.204(256B,34CFR300) Exception to maintenance of effort
41.205(256B,34CFR300) Adjustment to local fiscal efforts in certain fiscal years
41.206(256B,34CFR300) Schoolwide programs under Title I of the ESEA
41.207(256B,34CFR300) Personnel development
41.208(256B,34CFR300) Permissive use of funds
41.209(256B,34CFR300) Treatment of charter schools and their students
41.210(256B,34CFR300) Purchase of instructional materials
41.211(256B,34CFR300) Information for department
41.212(256B,34CFR300) Public information
41.213(256B,34CFR300) Records regarding migratory children with disabilities
41.220(256B,34CFR300) Exception for prior local plans
41.221(256B,34CFR300) Notification of AEA or LEA or state agency in case of ineligibility
41.222(256B,34CFR300) AEA or LEA and state agency compliance
41.223(256B,34CFR300) Joint establishment of eligibility
41.224(256B,34CFR300) Requirements for jointly establishing eligibility
41.226(256B,34CFR300) Early intervening services
41.228(256B,34CFR300) State agency eligibility
41.229(256B,34CFR300) Disciplinary information
41.230(256B,34CFR300) SEA flexibility
DIVISION V
EVALUATION, ELIGIBILITY, IEPs, AND
PLACEMENT DECISIONS
41.300(256B,34CFR300) Parental consent and participation
41.301(256B,34CFR300) Full and individual initial evaluations
41.302(256B,34CFR300) Screening for instructional purposes is not evaluation
41.303(256B,34CFR300) Reevaluations
41.304(256B,34CFR300) Evaluation procedures
41.305(256B,34CFR300) Additional requirements for evaluations and reevaluations
41.306(256B,34CFR300) Determination of eligibility
41.307(256B,34CFR300) Specific learning disabilities
41.308(256B,34CFR300) Additional group members
41.309(256B,34CFR300) Determining the existence of a specific learning disability
41.310(256B,34CFR300) Observation
41.311(256B,34CFR300) Specific documentation for the eligibility determination
41.312(256B,34CFR300) General education interventions
41.313(256B,34CFR300) Systematic problem–solving process
41.320(256B,34CFR300) Definition of individualized education program
41.321(256B,34CFR300) IEP team
41.322(256B,34CFR300) Parent participation
41.323(256B,34CFR300) When IEPs must be in effect
41.324(256B,34CFR300) Development, review, and revision of IEP
41.325(256B,34CFR300) Private school placements by public agencies
41.326(256B,34CFR300) Other rules concerning IEPs
41.327(256B,34CFR300) Educational placements
41.328(256B,34CFR300) Alternative means of meeting participation
DIVISION VI
ADDITIONAL RULES RELATED TO AEAs, LEAs, AND SPECIAL EDUCATION
41.400(256B,34CFR300) Shared responsibility
41.401(256B,34CFR300) Licensure (certification)
Authorized personnel
41.403(256B) Paraprofessionals
41.404(256B) Policies and procedures required of all public agencies
41.405(256B) Special health services
41.406(256B) Additional requirements of LEAs
Additional requirements of AEAs
Instructional services
41.409(256B,34CFR300) Support services
41.410(256B,34CFR300) Itinerant services
41.411(256B,34CFR300) Related services, supplementary aids and services
41.412(256B,34CFR300) Transportation
Additional rules relating to accredited nonpublic schools
DIVISION VII
PROCEDURAL SAFEGUARDS
41.500(256B,34CFR300) Responsibility of SEA and other public agencies
41.501(256B,34CFR300) Opportunity to examine records; parent participation in meetings
41.502(256B,34CFR300) Independent educational evaluation
41.503(256B,34CFR300) Prior notice by the public agency; content of notice
41.504(256B,34CFR300) Procedural safeguards notice
41.505(256B,34CFR300) Electronic mail
41.506(256B,34CFR300) Mediation
41.507(256B,34CFR300) Filing a due process complaint
41.508(256B,34CFR300) Due process complaint
41.509(256B,34CFR300) Model forms
41.510(256B,34CFR300) Resolution process
41.511(256B,34CFR300) Impartial due process hearing
41.512(256B,34CFR300) Hearing rights
41.513(256B,34CFR300) Hearing decisions
41.514(256B,34CFR300) Finality of decision
41.515(256B,34CFR300) Timelines and convenience of hearings
41.516(256B,34CFR300) Civil action
41.517(256B,34CFR300) Attorneys’ fees
41.518(256B,34CFR300) Child’s status during proceedings
41.519(256B,34CFR300) Surrogate parents
41.520(256B,34CFR300) Transfer of parental rights at age of majority
41.530(256B,34CFR300) Authority of school personnel
41.531(256B,34CFR300) Determination of setting
41.533(256B,34CFR300) Placement during appeals and preappeal mediations
41.535(256B,34CFR300) Referral to and action by law enforcement and judicial authorities
41.536(256B,34CFR300) Change of placement because of disciplinary removals
41.537(256B,34CFR300) State enforcement mechanisms
division viii
monitoring, enforcement, confidentiality, and program information
41.600(256B,34CFR300) State monitoring and enforcement
41.601(256B,34CFR300) State performance plans and data collection
41.602(256B,34CFR300) State use of targets and reporting
41.603(256B,34CFR300) Department review and determination regarding public agency performance
41.604(256B,34CFR300) Enforcement
41.605(256B,34CFR300) Withholding funds
41.606(256B,34CFR300) Public attention
41.608(256B,34CFR300) State enforcement
41.609(256B,34CFR300) State consideration of other state or federal laws
41.610(256B,34CFR300) Confidentiality
41.611(256B,34CFR300) Definitions
41.612(256B,34CFR300) Notice to parents
41.613(256B,34CFR300) Access rights
41.614(256B,34CFR300) Record of access
41.615(256B,34CFR300) Records on more than one child
41.616(256B,34CFR300) List of types and locations of information
41.618(256B,34CFR300) Amendment of records at parent’s request
41.619(256B,34CFR300) Opportunity for a hearing
41.620(256B,34CFR300) Result of hearing
41.621(256B,34CFR300) Hearing procedures
41.623(256B,34CFR300) Safeguards
41.624(256B,34CFR300) Destruction of information
41.625(256B,34CFR300) Children’s rights
41.626(256B,34CFR300) Enforcement
41.640(256B,34CFR300) Annual report of children served—report requirement
41.641(256B,34CFR300) Annual report of children served—information required in the report
41.642(256B,34CFR300) Data reporting
41.643(256B,34CFR300) Annual report of children served—certification
41.644(356B,34CFR300) Annual report of children served—criteria for counting children
41.645(256B,34CFR300) Annual report of children served—other responsibilities of the SEA
41.646(256B,34CFR300) Disproportionality
division ix
allocations by the secretary to the state
41.704(256B,34CFR300) State–level activities
41.705(256B,34CFR300) Subgrants to AEAs
DIVISION X
PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES
41.800(256B,34CFR300) General rule
41.803(256B,34CFR300) Definition of state
41.804(256B,34CFR300) Eligibility
41.806(256B,34CFR300) Eligibility for financial assistance
41.812(256B,34CFR300) Reservation for state activities
41.813(256B,34CFR300) State administration
41.814(256B,34CFR300) Other state–level activities
41.815(256B,34CFR300) Subgrants to AEAs
41.816(256B,34CFR300) Allocations to AEAs
41.817(256B,34CFR300) Reallocation of AEA funds
41.818(256B,34CFR300) Part C of the Act inapplicable
division xi
additional rules concerning finance and public accountability
41.901(256B,282) Records and reports
41.903(256B,282) Contractual agreements
41.905(256B,273) Additional special education
41.906(256B,273,282) Extended school year services
Program costs
41.908(256B,282) Accountability
DIVISION XII
PRACTICE BEFORE MEDIATORS AND ADMINISTRATIVE LAW JUDGES
41.1000(17A,256B,290) Applicability
41.1001(17A,256B,290) Definitions
41.1002(256B,34CFR300) Special education preappeal conference
41.1003(17A,256B) Procedures concerning due process complaints
41.1004(17A,256B) Participants in the hearing
41.1005(17A,256B) Convening the hearing
41.1006(17A,256B) Stipulated record hearing
41.1007(17A,256B) Evidentiary hearing
41.1008(17A,256B) Mixed evidentiary and stipulated record hearing
41.1010(17A,256B) Rules of evidence
41.1011(17A,256B) Communications
41.1013(17A,256B) Decision and review
41.1014(17A,256B) Finality of decision
41.1015(256B,34CFR300) Disqualification of mediator
41.1016(17A) Correcting decisions of administrative law judges
DIVISION XIII
ADDITIONAL RULES NECESSARY TO IMPLEMENT AND APPLY THIS CHAPTER
41.1100(256B,34CFR300) References to Code of Federal Regulations
41.1101(256B,34CFR300) Severability
TITLE VIII
SCHOOL TRANSPORTATION
CHAPTER 43
PUPIL TRANSPORTATION
DIVISION I
TRANSPORTATION ROUTES
43.1(285) Intra–area education agency routes
43.2(285) Interarea education agency routes
DIVISION II
PRIVATE CONTRACTORS
43.6(285) Contract with parents
43.7(285) Vehicle requirements
DIVISION III
FINANCIAL RECORDS AND REPORTS
43.9(285) Activity trips deducted
DIVISION IV
USE OF SCHOOL BUSES
43.10(285) Permitted uses listed
43.11(285) Teacher transportation
DIVISION V
THE BUS DRIVER
43.12(285) Driver qualifications
43.17(285) Insulin–dependent diabetics
43.18(285) Authorization to be carried by driver
43.21(285) Experience, traffic law knowledge and driving record
43.22(321) Fee collection and distribution of funds
43.24(321) Authorization denials and revocations
DIVISION VI
PURCHASE OF BUSES
43.25(285) Local board procedure
DIVISION VII
MISCELLANEOUS REQUIREMENTS
43.30(285) Semiannual inspection
43.34(285) Contract—privately owned buses
43.35(285) Contract—district–owned buses
43.38(285) Driver restrictions
43.39(285) Civil defense projects
43.42(285) Loading and unloading areas
DIVISION VIII
COMMON CARRIERS
43.43(285) Communication equipment
43.44(285) Standards for common carriers
44.1(285) Requirements for manufacturers
44.2(285) School bus—type classifications
44.5(285) Construction of vehicles for children with mobility problems
44.6(285) Family–type or multipurpose passenger vehicles
TITLE IX
VOCATIONAL EDUCATION
CHAPTER 46
VOCATIONAL EDUCATION
PROGRAMS
46.1(258) Standards for vocational education
46.3(258) Public involvement and participation
46.4(258) Final plan and accountability report
46.6(258) Revised standards for vocational education
46.7(258) Definitions and descriptions of procedures
47.2(260C) Career academy program of study
CHAPTER 48
CERTIFIED SCHOOL TO
CAREER PROGRAM
48.3(78GA,ch1013) Program requirements
48.4(78GA,ch1013) Notice of intent
TITLE X
VETERANS’ TRAINING
CHAPTER 51
APPROVAL OF ON–THE–JOB TRAINING ESTABLISHMENTS UNDER THE MONTGOMERY G.I. BILL
51.2(256) Content and approval of application
52.4(256) Schools of Bible or theology
52.7(256) Schools of cosmetology
52.8(256) Schools of barbering
52.10(256) Schools of business
52.12(256) Correspondence schools
52.13(256) Successful operation on a continuous basis
52.14(256) Nonaccredited schools
52.15(256) Evaluation standards
TITLE XI
VOCATIONAL REHABILITATION EDUCATION
CHAPTER 56
IOWA VOCATIONAL
REHABILITATION SERVICES
DIVISION I
SCOPE AND GENERAL PRINCIPLES
56.1(259) Responsibility of division
DIVISION II
DEFINITIONS
DIVISION III
ELIGIBILITY
56.4(259) Individuals who are recipients of SSD/SSI
56.5(259) Eligibility for vocational rehabilitation services
56.6(259) Eligibility for specific services
56.7(259) Areas in which exceptions shall not be granted
56.9(259) Individuals who are blind
56.10(259) Students in high school
56.11(259) Establishment of financial need
DIVISION
IV
CASE MANAGEMENT
56.12(259) Case finding and intake
56.14(259) Individual plan for employment (IPE)
DIVISION V
SERVICES
56.19(259) Rehabilitation technology
56.20(259) Business initiatives
56.22(259) Supported employment and transitional employment
56.23(259) Miscellaneous or auxiliary services
56.25(259) Exceptions to payment for services
56.26(259) Exceptions to duration of services
56.27(259) Maximum rates of payment to training facilities
DIVISION VI
purchasing principles
DIVISION VII
SUPERVISOR REVIEW, MEDIATION,
HEARINGS, AND APPEALS
56.32(259) Hearing before impartial hearing officer
DIVISION VIII
public records and
fair information practices
56.33(259) Collection and maintenance of records
56.34(259) Personally identifiable information
56.35(259) Other groups of records routinely available for public inspection
DIVISION IX
State rehabilitation council
56.36(259) State rehabilitation council
TITLE XII
PROGRAMS ADMINISTRATION
CHAPTER 58
SCHOOL BREAKFAST AND
LUNCH PROGRAM
58.1(283A) Authority of state department
58.5(283A) Service area defined
58.6(283A) School breakfast program
58.7(283A) School lunch program
CHAPTER 59
GIFTED AND TALENTED PROGRAMS
59.1(257) Scope and general principles
59.5(257) Responsibilities of participating local school districts
59.6(257) Responsibilities of area education agencies
59.7(257) Responsibilities of the department
CHAPTER 60
PROGRAMS FOR STUDENTS OF
LIMITED ENGLISH PROFICIENCY
60.3(280) School district responsibilities
60.4(280) Department responsibility
60.5(280) Nonpublic school participation
CHAPTER 63
EDUCATIONAL PROGRAMS AND
SERVICES FOR PUPILS IN JUVENILE HOMES
63.5(282) Area education agency responsibility
63.8(282) Educational services
63.10(282) Other responsibilities
63.12(282) Disaster procedures
63.14(282) Teacher certification and preparation
CHAPTER 64
CHILD DEVELOPMENT
COORDINATING COUNCIL
64.3(256A,279) Child development coordinating council
64.6(256A,279) Eligibility identification procedures
64.7(256A,279) Primary eligibility
64.8(256A,279) Secondary eligibility
64.9(256A,279) Grant awards criteria
64.10(256A,279) Application process
64.11(256A,279) Request for proposals
64.13(256A,279) Award contracts
64.14(256A,279) Notification of applicants
64.15(256A,279) Grantee responsibilities
64.16(256A,279) Withdrawal of contract offer
64.18(256A,279) Contract revisions and budget reversions
64.19(256A,279) Termination for convenience
64.20(256A,279) Termination for cause
64.21(256A,279) Responsibility of grantee at termination
64.22(256A,279) Appeal from terminations
64.23(256A,279) Refusal to issue ruling
64.24(256A,279) Request for Reconsideration
64.25(256A,279) Refusal to issue decision on request
64.26(256A,279) Granting a Request for Reconsideration
CHAPTER 65
INNOVATIVE PROGRAMS FOR AT–RISK EARLY ELEMENTARY STUDENTS
65.3(279) Eligibility identification procedures
65.5(279) Secondary risk factors
65.6(279) Grant awards criteria
65.8(279) Request for proposals
65.11(279) Notification of applicants
65.12(279) Grantee responsibilities
65.13(279) Withdrawal of contract offer
65.16(279) Termination for convenience
65.17(279) Termination for cause
65.18(279) Responsibility of grantee at termination
65.19(279) Appeals from terminations
65.20(279) Refusal to issue ruling
65.21(279) Requests for Reconsideration
65.22(279) Refusal to issue decision on request
65.23(279) Granting a Request for Reconsideration
CHAPTER 66
SCHOOL–BASED YOUTH SERVICES
PROGRAMS
66.1(279) Scope, purpose and general principles
66.3(279) Development of a program plan
66.5(279) Evaluation of financial support
66.6(279) Responsibilities of area education agencies
66.7(279) Responsibilities of the department of education
67.3(279) Eligibility identification procedures
67.5(279) Secondary eligibility
67.6(279) Grant awards criteria
67.8(279) Request for proposals
67.10(279) Notification of applicants
67.11(279) Grantee responsibilities
67.12(279) Withdrawal of contract offer
67.15(279) Termination for convenience
67.16(279) Termination for cause
67.17(279) Responsibility of grantee at termination
67.18(279) Appeal from terminations
67.19(279) Refusal to issue ruling
67.20(279) Request for Reconsideration
67.21(279) Refusal to issue decision on request
67.22(279) Granting a Request for Reconsideration
CHAPTER 68
IOWA PUBLIC CHARTER SCHOOLS
68.3(256F) Application to a school board
68.5(256F) Ongoing review by department
68.7(256F) Revocation of charter
TITLE XIII
AREA EDUCATION AGENCIES
CHAPTER 72
ACCREDITATION OF AREA
EDUCATION AGENCIES
72.3(273) Accreditation components
72.4(273) Standards for services
72.9(273) Comprehensive improvement plan
72.10(273) Annual budget and annual progress report
72.11(273) Comprehensive site visit
TITLE XIV
TEACHERS AND PROFESSIONAL LICENSING
(Effective October 1, 1988)
CHAPTER 77
STANDARDS FOR TEACHER INTERN PREPARATION PROGRAMS
77.3(256) Institutions affected
77.4(256) Criteria for Iowa teacher intern preparation programs
77.5(256) Approval of programs
77.7(256) Approval of program changes
77.8(256) Governance and resources
77.11(256) Teacher intern selection
77.12(256) Curriculum and instruction
77.14(256) Candidate assessment
DIVISION I
GENERAL STANDARDS APPLICABLE TO ALL PRACTITIONER PREPARATION PROGRAMS
79.3(256) Institutions affected
79.4(256) Criteria for Iowa practitioner preparation programs
79.5(256) Approval of programs
79.8(256) Reevaluation of practitioner or administrator preparation programs
79.9(256) Approval of program changes
DIVISION
II
SPECIFIC EDUCATION STANDARDS APPLICABLE TO ALL PRACTITIONER PREPARATION
PROGRAMS
79.10(256) Governance and resources standard
DIVISION III
SPECIFIC EDUCATION STANDARDS APPLICABLE ONLY TO INITIAL PRACTITIONER
PREPARATION PROGRAMS FOR TEACHER CANDIDATES
79.13(256) Clinical practice standard
79.14(256) Candidate knowledge, skills and dispositions standard
79.15(256) Assessment system and unit evaluation standard
DIVISION IV
SPECIFIC EDUCATION STANDARDS APPLICABLE ONLY TO ADMINISTRATOR PREPARATION
PROGRAMS
79.16(256) Administrator preparation clinical practice standards
79.17(256) Administrator preparation candidate performance standards
CHAPTER 80
STANDARDS FOR PARAEDUCATOR PREPARATION PROGRAMS
80.3(272) Institutions affected
80.4(272) Criteria for Iowa paraeducator preparation programs
80.5(272) Approval of programs
80.7(272) Reevaluation of paraeducator preparation programs
80.8(272) Approval of program changes
80.9(272) Organizational and resources standards
80.11(272) Paraeducator candidate performance standards
CHAPTER 83
TEACHER AND ADMINISTRATOR QUALITY PROGRAMS
division i
general standards applicable to both administrator and teacher quality programs
DIVISION II
SPECIFIC STANDARDS APPLICABLE TO TEACHER QUALITY PROGRAMS
83.3(284) Mentoring and induction program for beginning teachers
83.4(284) Iowa teaching standards and criteria
83.5(284) Evaluator approval training
83.6(284) Professional development for teachers
83.7(284) Teacher quality committees
DIVISION III
SPECIFIC STANDARDS APPLICABLE TO ADMINISTRATOR QUALITY PROGRAMS
83.8(284A) Administrator quality program
83.9(284A) Mentoring and induction program for administrators
83.10(284A) Iowa school leadership standards and criteria for administrators
83.12(284A) Professional development of administrators
CHAPTER 84
FINANCIAL INCENTIVES FOR
NATIONAL BOARD CERTIFICATION
84.3(256) Registration fee reimbursement program
84.5(256) Appeal of denial of a registration fee reimbursement award or an NBC annual award
TITLE XIV—A
TEACHERS AND
PROFESSIONAL LICENSING
(Effective through September 30, 1988)
TITLE XV
EDUCATIONAL EXCELLENCE
CHAPTER 91
PHASE III, EDUCATIONAL
EXCELLENCE PROGRAM
91.4(294A) Development of plan
91.5(294A) Content of the plan
91.7(294A) Dissemination of plan
CHAPTER 94
ADMINISTRATIVE ADVANCEMENT AND RECRUITMENT PROGRAM
94.2(256) Eligibility identification procedures
94.3(256) Grant award procedure
94.5(256) Request for proposals
94.8(256) Notification of applicants
94.9(256) Grantee responsibility
CHAPTER 95
EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION IN EDUCATIONAL AGENCIES
95.3(256) Equal employment opportunity standards
95.4(256) Duties of boards of directors
TITLE XVI
SCHOOL FACILITIES
CHAPTER 96
LOCAL OPTION SALES AND SERVICES TAX FOR SCHOOL INFRASTRUCTURE
96.2(423E) Reports to the department
96.3(423E) Combined actual enrollment
96.4(423E) Application process
96.7(423E) Applicant responsibilities
96.8(423E) Appeal of certificate denial
CHAPTER 97
SUPPLEMENTARY WEIGHTING
97.2(257) Supplementary weighting plan
97.3(257) Supplementary weighting plan for at–risk students
97.4(257) Supplementary weighting plan for a regional academy
97.5(257) Supplementary weighting plan for whole–grade sharing
97.6(257) Supplementary weighting plan for ICN video services
97.7(257) Supplementary weighting plan for operational services
CHAPTER 100
VISION IOWA SCHOOL INFRASTRUCTURE PROGRAM
100.2(78GA,ch1174) Definitions
100.3(78GA,ch1174) Application process
100.4(78GA,ch1174) Review process
100.5(78GA,ch1174) Grant award process
100.6(78GA,ch1174) Grantee responsibilities
100.7(78GA,ch1174) Appeal of grant denial
TITLE XVII
PROTECTION OF CHILDREN
CHAPTER 101
CHILD ABUSE REPORTING
Reserved
102.1(280) Statement of intent and purpose
102.5(280) Duties of school authorities
102.8(280) Duties
of designated
investigator—physical abuse allegations
102.9(280) Duties
of designated
investigator—sexual abuse allegations
102.10(280) Content of investigative report
102.11(280) Founded reports—designated investigator’s duties
102.12(280) Level–two investigator’s duties
102.13(280) Retention of records
102.14(280) Substantial compliance
CHAPTER 103
CORPORAL PUNISHMENT BAN
103.2(280) Ban on corporal punishment
103.4(280) Exceptions and privileges
103.6(280) Physical confinement and detention
title xviii
early childhood
CHAPTER 120
EARLY ACCESS INTEGRATED SYSTEM OF EARLY INTERVENTION SERVICES
DIVISION I
purpose, goal, and outcomes
120.2(34CFR303) Overall goal and outcomes of Early ACCESS
DIVISION Ii
definitions
division iii
governance, general administration,
and supervision
120.7(34CFR303) Early ACCESS system—state level
120.8(34CFR303) Early ACCESS system—regional and community levels
division iv
services available to eligible children
120.12(34CFR303) Early intervention services
120.13(34CFR303) Services in natural environment
120.14(34CFR303) Types of early intervention services
120.15(34CFR303) Service coordination
division v
personnel
120.19(34CFR303) Comprehensive system of personnel development (CSPD)
division vi
identification of eligible children
120.23(34CFR303) Child find system
120.24(34CFR303) Public access to information and services
120.27(34CFR303) Comprehensive identification procedures
120.28(34CFR303) Nondiscriminatory procedures
120.29(34CFR303) Services prior to completion of evaluation and family assessment
120.30(34CFR303) Required timeline
division vii
individualized family service plan (IFSP)
120.35(34CFR303) Participants at initial IFSP meeting
120.36(34CFR303) Alternate methods of involvement
120.37(34CFR303) IFSP meeting notice
120.38(34CFR303) Accessibility and convenience of meetings
120.39(34CFR303) Interagency service planning
120.40(34CFR303) Content of the IFSP
120.41(34CFR303) Parental consent before providing services
120.42(34CFR303) Maintenance of records
120.43(34CFR303) Provision of year–round services
120.44(34CFR303) Responsibility and accountability for IFSPs
120.48(34CFR303) Periodic review
120.49(34CFR303) Periodic review team
120.50(34CFR303) Annual review
120.51(34CFR303) Annual review team participants
120.52(34CFR303) Alternative methods of involvement
division viii
transition
120.56(34CFR303) Transition process
120.57(34CFR303) Transition plan and continuity of services
120.58(34CFR303) Family involvement and notification of the local education agency
120.59(34CFR303) Transmittal of records
120.60(34CFR303) Transition planning for students not eligible for Part B preschool services
120.61(34CFR303) Transition planning for students eligible for Part B preschool services
division
ix
procedural safeguards
120.66(34CFR303) Prior written notice
120.67(34CFR303) Parental consent
120.68(34CFR303) Surrogate parents
120.71(34CFR303) Due process hearings
division X
continuous improvement monitoring
division Xi
financial responsibility
120.79(34CFR303) Interagency agreement
120.80(34CFR303) Payer of last resort
120.81(34CFR303) Nonsupplanting and payment for services
120.82(34CFR303) Use of insurance
120.83(34CFR303) Policy for contracting or otherwise arranging for services
120.84(34CFR303) Reimbursement procedure
120.85(34CFR303) Resolution of disputes
TITLE I
GENERAL INFORMATION—
DEPARTMENT OPERATIONS
chapter 1
ORGANIZATION AND OPERATION
[Prior to 9/7/88, see Public Instruction Department[670] Ch 49]
281—1.1(17A,256) State board of education. The state board of education, authorized by Iowa Code chapter 256, is the governing and policy–forming body for the department of education.
1.1(1) Membership. The board consists of nine voting members appointed by the governor, with approval of two–thirds of the members of the senate, with not more than five members from the same political party, and not more than five members of the same gender. Effective May 1, 2003, the board shall also consist of one nonvoting student member as outlined in rule 281—1.2(17A,256). The nonvoting student member shall be appointed without regard to political affiliation. The nonvoting student member shall not be considered for purposes of constituting the necessary quorum.
1.1(2) Officers. The board shall elect from its voting members a president and a vice president, each to serve a term of two years.
1.1(3) Terms. The voting members of the board are appointed for six–year terms, from May 1 to April 30, with the terms of three members expiring every two years. There is no statutory limitation to the number of terms a voting member may serve. The nonvoting student member shall serve a one–year term, from May 1 to April 30, as described in subrule 1.2(1).
1.1(4) Meetings. The board is required to hold no fewer than six meetings each year. The majority of the meetings are held in the state board room at the department of education in Des Moines, which is located on the second floor of the Grimes State Office Building on the corner of East 14th Street and Grand Avenue. By notice of the regularly published meeting agenda, the board may hold meetings in other areas of the state.
1.1(5) Compensation. All voting board members and the nonvoting student member are entitled to receive their necessary expenses while engaged in official duties. In addition, they shall be paid a per diem at the rate specified in Iowa Code section 7E.6. If the student member’s parent or guardian provides supervision pursuant to subrule 1.2(4), the parent or guardian shall receive necessary expenses but not the per diem. Per diem and expense payments shall be made from appropriations to the department of education.
1.1(6) Additional board functions. In addition to its functions as the state board of education, the board constitutes:
a. The state board for vocational education, Iowa Code section 256.7(2).
b. The state board for vocational rehabilitation, Iowa Code section 259.3.
c. The state board for community colleges, Iowa Code section 260C.3.
1.1(7) Advisory groups. The following advisory groups have been established by statute to provide advice to the state board in the indicated areas:
a. Nonpublic schools advisory committee, Iowa Code section 256.15, to advise the board on matters affecting nonpublic schools.
b. Community college council, Iowa Code section 256.31, to assist the state board of education with substantial issues which are directly related to the community college system.
281—1.2(17A,256) Student member of state board of education. The governor shall appoint a public high school student to serve as a nonvoting member of the state board of education.
1.2(1) Term. The nonvoting student member shall serve a one–year term, from May 1 to April 30. The student may apply for and serve a second term if the student will not graduate from high school prior to the end of the second term. A vacancy in the membership of the nonvoting student member shall not be filled until the expiration of the term.
1.2(2) Qualifications. At the time of making application, the nonvoting student member shall meet all of the following qualifications:
a. The student must be a full–time, regularly enrolled tenth or eleventh grade student in an Iowa school district.
b. The student must have been regularly enrolled as a full–time student in the district of present enrollment for at least two consecutive semesters or the equivalent thereof.
c. The student must have a minimum cumulative grade point average in high school of 3.0 on a 4.0 scale (3.75 on a 5.0 scale).
d. The student must demonstrate participation in extracurricular and community activities, as well as an interest in serving on the state board.
e. The student must have the consent of the student’s parent or guardian, as well as the approval of the student’s district.
1.2(3) Application process. The application process for the nonvoting student member is as follows:
a. The department shall, on behalf of the state board, prepare and disseminate application forms to all school districts in Iowa. In addition to the application itself, the student shall submit all of the following:
(1) A consent form signed by the student’s parent or guardian.
(2) An approval of the application signed by the superintendent of the student’s district of enrollment or the superintendent’s designee.
(3) A letter of recommendation from a high school teacher from whom the student received instruction.
(4) A letter of recommendation from a person in the community familiar with the student’s community activities.
(5) A letter of recommendation from any third person.
b. The number of applicants in a year from any one district is limited as follows:
(1) If district enrollment for grades 10 through 12 is less than 400 students, there may be no more than one applicant from the district.
(2) If district enrollment for grades 10 through 12 is from 400 to 1199 students, there may be no more than two applicants from the district.
(3) If district enrollment for grades 10 through 12 is 1200 students or more, there may be no more than three applicants from the district.
c. All applications shall be submitted on or before February 1 of the year in which the term is to begin. Applications may be hand–delivered or postmarked on or before February 1 to the Iowa Department of Education, Office of the Director, Grimes State Office Building, Des Moines, Iowa 50319–0146.
d. All applications shall be initially screened by a committee to be appointed by the director of the department. The initial screening committee shall select not more than 20 semifinalists. If fewer than a total of 20 applications are received, the initial screening process may be omitted, at the discretion of the director of the department.
e. The applications of the semifinalists shall be reviewed by a committee appointed by the president of the state board. The committee shall submit a list of two to five finalists to the state board for approval and submission to the governor, who shall appoint the student member from the list submitted by the state board of education.
1.2(4) Participation of student member in official board activities. Upon appointment to the board, the student member shall, at minimum, fulfill the following requirements to remain eligible to serve:
a. The student shall maintain enrollment as a full–time student in an Iowa public school district. If the student moves or transfers from the district of application, the student must obtain the approval of the superintendent or the superintendent’s designee in the student’s new district of enrollment.
b. The student shall maintain a minimum cumulative grade point average in high school of 3.0 on a 4.0 scale or 3.75 on a 5.0 scale.
c. The student shall attend regularly scheduled board meetings as required of voting board members. As a nonvoting member, the student may not participate in any closed session of the board.
d. The student member’s absences from school to participate in official state board activities shall not be shown by the student’s district as unexcused absences. The student member’s participation in board activities outside the regularly scheduled meetings of the state board shall be approved by the president of the board and the student’s superintendent or the superintendent’s designee.
e. If the student member is a minor, the student’s parent or guardian must accompany the student while the student is participating in official state board activities at a location other than the student’s resident community, unless the parent or guardian submits to the state board a signed release indicating that the parent or guardian has determined that such supervision is unnecessary.
281—1.3(17A,256) Director of education. The director is responsible for exercising general supervision over the state system of public education and nonpublic schools to the extent that is necessary to ascertain compliance with provisions of the Iowa school laws. The director performs the function of executive officer of the state board of education.
1.3(1) Appointment, term, and salary. The director is appointed by the governor, appointment subject to approval of two–thirds of the members of the senate. The director serves at the pleasure of the governor. A salary range for this position is established by the general assembly with the governor setting the specific salary from within this range.
1.3(2) Qualifications. The director shall possess a background in education and administrative experience.
281—1.4(17A,256) Department of education. The department of education is established by the general assembly to act in a policy–making and advisory capacity and to exercise general supervision over the state system of education including (1) public elementary and secondary schools, (2) community colleges, (3) area education agencies, (4) vocational rehabilitation, (5) educational supervision over the elementary and secondary schools under the control of the department of human services, and (6) nonpublic schools to the extent necessary for compliance with the Iowa school laws.
The department shall also:
1. Stimulate and encourage educational radio and television and other educational communications services as necessary to aid in accomplishing the educational objectives of the state;
2. Meet the informational needs of the three branches of state government; and
3. Provide for the improvement of library services to all Iowa citizens and foster development and cooperation among libraries.
The department of education shall act as an administrative, supervisory, and consultative agency.
1.4(1) Organization.
a. Office of the director. The director is the chief administrator of the department and serves as chief executive officer of the state board of education.
b. Division of community colleges and workforce preparation. The division oversees career and technical education as well as the community colleges.
c. Division of financial and information services. The division provides internal operations and information technology to the agency as well as planning, research and evaluation services.
d. Division of early childhood, elementary and secondary education. The division consists of bureaus that oversee instructional services, practitioner preparation, administration and school improvement services, and food and nutrition services.
e. Division of library and information services. The division is responsible for the state library, library development, and audio–visual services.
f. Iowa public television. This is the division of public broadcasting and related services.
g. Division of vocational rehabilitation services. This division provides disability determination services and related services for clients with disabilities.
1.4(2) Organizational responsibility. Each division is under the direction of an administrator. Each bureau is under the direction of a chief for administrative purposes.
1.4(3) Employees. It is the responsibility of the director to appoint all employees of the department excluding the state librarian and the employees of Iowa public television with due regard to their qualifications for the duties to be performed, designate their titles and prescribe their duties.
1.4(4) Mailing addresses. The mailing address for the state board of education and all divisions of the department, with the exception of the division of library services, the division of public broadcasting, and vocational rehabilitation services, is Grimes State Office Building, Des Moines, Iowa 50319–0146. The mailing address for the division of library services is East 12th and Grand Avenue, Des Moines, Iowa 50319. The mailing address for Iowa public television is P.O. Box 6450, Johnston, Iowa 50131. The mailing address for the vocational rehabilitation services division is 510 East 12th Street, Des Moines, Iowa 50319–0146.
1.4(5) Information or submissions. Information inquiries should be addressed to the appropriate administrator of the desired organizational unit shown in subrule 1.4(1). Requests for hearings, declaratory rulings, participation in rule–making procedures of the board, and scheduling of presentations to the board should be addressed to the director of education.
These rules are intended to implement Iowa Code section 17A.3.
[Filed 2/28/77, Notice 12/15/76—published 3/23/77, effective 4/27/77]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed emergency 12/14/90—published 1/9/91, effective 12/14/90]
[Filed 2/15/91, Notice 1/9/91—published 3/6/91, effective 4/10/91]
[Filed 11/19/93, Notice 9/29/93—published 12/8/93, effective 1/12/94]
[Filed emergency 11/21/02—published 12/11/02, effective 11/21/02]
[Filed 1/17/03, Notice 12/11/02—published 2/5/03, effective 3/12/03]
chapter 2
AGENCY PROCEDURE FOR RULE MAKING
AND PETITIONS FOR RULE MAKING
281—2.1(17A) Applicability. Except to the extent otherwise expressly provided by statute, all rules adopted by the agency are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure Act, and the provisions of this chapter.
281—2.2(17A) Advice on possible rules before notice of proposed rule adoption. In addition to seeking information by other methods, the agency may, before publication of a Notice of Intended Action under Iowa Code section 17A.4(1)“a,” solicit comments from the public on a subject matter of possible rule making by the agency by causing notice to be published in the Iowa Administrative Bulletin of the subject matter and indicating where, when, and how persons may comment.
281—2.3(17A) Public rule–making docket.
2.3(1) Docket maintained. The agency shall maintain a current public rule–making docket.
2.3(2) Anticipated rule making. The rule–making docket shall list each anticipated rule–making proceeding. A rule–making proceeding is deemed “anticipated” from the time a draft of proposed rules is distributed for internal discussion within the agency. For each anticipated rule–making proceeding, the docket shall contain a listing of the precise subject matter which may be submitted for consideration by the director for subsequent proposal under the provisions of Iowa Code section 17A.4(1)“a,” the name and address of agency personnel with whom persons may communicate with respect to the matter, and an indication of the present status within the agency of that possible rule. The agency may also include in the docket other subjects upon which public comment is desired.
2.3(3) Pending rule–making proceedings. The rule–making docket shall list each pending rule–making proceeding. A rule–making proceeding is pending from the time it is commenced, by publication in the Iowa Administrative Bulletin of a Notice of Intended Action pursuant to Iowa Code section 17A.4(1)“a,” to the time it is terminated, by publication of a Notice of Termination in the Iowa Administrative Bulletin or the rule becoming effective. For each rule–making proceeding, the docket shall indicate:
a. The subject matter of the proposed rule;
b. A citation to all published notices relating to the proceeding;
c. Where written submissions on the proposed rule may be inspected;
d. The time during which written submissions may be made;
e. The names of persons who have made written requests for an opportunity to make oral presentations on the proposed rule, where those requests may be inspected, and where and when oral presentations may be made;
f. Whether a written request for the issuance of a regulatory analysis, or a concise statement of reasons, has been filed, whether such an analysis or statement or a fiscal impact statement has been issued, and where any such written request, analysis, or statement may be inspected;
g. The current status of the proposed rule and any agency determinations with respect thereto;
h. Any known timetable for agency decisions or other action in the proceeding;
i. The date of the rule’s adoption;
j. The date of the rule’s filing, indexing, and publication;
k. The date on which the rule will become effective; and
l. Where the rule–making record may be inspected.
281—2.4(17A) Notice of proposed rule making.
2.4(1) Contents. At least 35 days before the adoption of a rule the agency shall cause Notice of Intended Action to be published in the Iowa Administrative Bulletin. The Notice of Intended Action shall include:
a. A brief explanation of the purpose of the proposed rule;
b. The specific legal authority for the proposed rule;
c. Except to the extent impracticable, the text of the proposed rule;
d. Where, when, and how persons may present their views on the proposed rule; and
e. Where, when, and how persons may demand an oral proceeding on the proposed rule if the notice does not already provide for one.
Where inclusion of the complete text of a proposed rule in the Notice of Intended Action is impracticable, the agency shall include in the notice a statement fully describing the specific subject matter of the omitted portion of the text of the proposed rule, the specific issues to be addressed by that omitted text of the proposed rule, and the range of possible choices being considered by the agency for the resolution of each of those issues.
2.4(2) Incorporation by reference. A proposed rule may incorporate other materials by reference only if it complies with all of the requirements applicable to the incorporation by reference of other materials in an adopted rule that are contained in subrule 2.12(2) of this chapter.
2.4(3) Copies of notices. Persons desiring to receive copies of future Notices of Intended Action by subscription must file with the agency a written request indicating the name and address to which such notices should be sent. Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the agency shall mail or electronically transmit a copy of that notice to subscribers who have filed a written request for either mailing or electronic transmittal with the agency for Notices of Intended Action. The written request shall be accompanied by payment of the subscription price which may cover the full cost of the subscription service, including its administrative overhead and the cost of copying and mailing the Notices of Intended Action for a period of ten days.
281—2.5(17A) Public participation.
2.5(1) Written comments. For at least 20 days after publication of the Notice of Intended Action, persons may submit argument, data, and views, in writing, on the proposed rule. Such written submissions should identify the proposed rule to which they relate and should be submitted to Department of Education, Legal Consultant’s Office, Grimes State Office Building, Des Moines, Iowa 50319–0146, or the person designated in the Notice of Intended Action.
2.5(2) Oral proceedings. The agency may, at any time, schedule an oral proceeding on a proposed rule. The agency shall schedule an oral proceeding on a proposed rule if, within 20 days after the published Notice of Intended Action, a written request for an opportunity to make oral presentations is submitted to the agency by the administrative rules review committee, a governmental subdivision, an agency, an association having not less than 25 members, or at least 25 persons. That request must also contain the following additional information:
1. A request by one or more individual persons must be signed by each of them and include the address and telephone number of each of them.
2. A request by an association must be signed by an officer or designee of the association and must contain a statement that the association has at least 25 members and the address and telephone number of the person signing that request.
3. A request by an agency or governmental subdivision must be signed by an official having authority to act on behalf of the entity and must contain the address and telephone number of the person signing that request.
2.5(3) Conduct of oral proceedings.
a. Applicability. This subrule applies only to those oral rule–making proceedings in which an opportunity to make oral presentations is authorized or required by Iowa Code section 17A.4(1)“b” as amended by 1998 Iowa Acts, chapter 1202, section 8, or this chapter.
b. Scheduling and notice. An oral proceeding on a proposed rule may be held in one or more locations and shall not be held earlier than 20 days after notice of its location and time is published in the Iowa Administrative Bulletin. That notice shall also identify the proposed rule by ARC number and citation to the Iowa Administrative Bulletin.
c. Presiding officer. The agency, a member of the agency, or another person designated by the agency who will be familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. If the agency does not preside, the presiding officer shall prepare a memorandum for consideration by the agency summarizing the contents of the presentations made at the oral proceeding unless the agency determines that such a memorandum is unnecessary because the agency will personally listen to or read the entire transcript of the oral proceeding.
d. Conduct of proceeding. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. Persons wishing to make oral presentations at such a proceeding are encouraged to notify the agency at least one business day prior to the proceeding and indicate the general subject of their presentations. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. Oral proceedings shall be open to the public and shall be recorded by stenographic or electronic means.
(1) At the beginning of the oral proceeding, the presiding officer shall give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons for the agency decision to propose the rule. The presiding officer may place time limitations on individual oral presentations when necessary to ensure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.
(2) Persons making oral presentations are encouraged to avoid restating matters which have already been submitted in writing.
(3) To facilitate the exchange of information, the presiding officer may, where time permits, open the floor to questions or general discussion.
(4) The presiding officer shall have the authority to take any reasonable action necessary for the orderly conduct of the meeting.
(5) Physical and documentary submissions presented by participants in the oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the agency.
(6) The oral proceeding may be continued by the presiding officer to a later time without notice other than by announcement at the hearing.
(7) Participants in an oral proceeding shall not be required to take an oath or to submit to cross–examination. However, the presiding officer in an oral proceeding may question participants and permit the questioning of participants by other participants about any matter relating to that rule–making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.
(8) The presiding officer in an oral proceeding may permit rebuttal statements and request the filing of written statements subsequent to the adjournment of the oral presentations.
2.5(4) Additional information. In addition to receiving written comments and oral presentations on a proposed rule according to the provisions of this rule, the agency may obtain information concerning a proposed rule through any other lawful means deemed appropriate under the circumstances.
2.5(5) Accessibility. The agency shall schedule oral proceedings in rooms accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Legal Consultant’s Office, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146, or telephone (515)281–5295 in advance to arrange access or other needed services.
281—2.6(17A) Regulatory analysis.
2.6(1) Definition of small business. A “small business” is defined in 1998 Iowa Acts, chapter 1202, section 10(7).
2.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the agency’s small business impact list by making a written application addressed to Legal Consultant’s Office, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. The application for registration shall state:
a. The name of the small business or organization of small businesses;
b. Its address;
c. The name of a person authorized to transact business for the applicant;
d. A description of the applicant’s business or organization. An organization representing 25 or more persons who qualify as a small business shall indicate that fact.
e. Whether the registrant desires copies of Notices of Intended Action at cost, or desires advance notice of the subject of all or some specific category of proposed rule making affecting small business.
The agency may at any time request additional information from the applicant to determine whether the applicant is qualified as a small business or as an organization of 25 or more small businesses. The agency may periodically send a letter to each registered small business or organization of small businesses asking whether that business or organization wishes to remain on the registration list. The name of a small business or organization of small businesses will be removed from the list if a negative response is received, or if no response is received within 30 days after the letter is sent.
2.6(3) Time of mailing. Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the agency shall mail to all registered small businesses or organizations of small businesses, in accordance with their request, either a copy of the Notice of Intended Action or notice of the subject of that proposed rule making. In the case of a rule that may have an impact on small business adopted in reliance upon Iowa Code section 17A.4(2), the agency shall mail notice of the adopted rule to registered businesses or organizations prior to the time the adopted rule is published in the Iowa Administrative Bulletin.
2.6(4) Qualified requesters for regulatory analysis—economic impact. The agency shall issue a regulatory analysis of a proposed rule that conforms to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2a), after a proper request from:
a. The administrative rules coordinator;
b. The administrative rules review committee.
2.6(5) Qualified requesters for regulatory analysis—business impact. The agency shall issue a regulatory analysis of a proposed rule that conforms to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2b), after a proper request from:
a. The administrative rules review committee;
b. The administrative rules coordinator;
c. At least 25 or more persons who sign the request provided that each represents a different small business;
d. An organization representing at least 25 small businesses. That organization shall list the name, address and telephone number of not less than 25 small businesses it represents.
2.6(6) Time period for analysis. Upon receipt of a timely request for a regulatory analysis, the agency shall adhere to the time lines described in 1998 Iowa Acts, chapter 1202, section 10(4).
2.6(7) Contents of request. A request for a regulatory analysis is made when it is mailed or delivered to the agency. The request shall be in writing and satisfy the requirements of 1998 Iowa Acts, chapter 1202, section 10(1).
2.6(8) Contents of concise summary. The contents of the concise summary shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(4,5).
2.6(9) Publication of a concise summary. The agency shall make available, to the maximum extent feasible, copies of the published summary in conformance with 1998 Iowa Acts, chapter 1202, section 10(5).
2.6(10) Regulatory analysis contents—rules review committee or rules coordinator. When a regulatory analysis is issued in response to a written request from the administrative rules review committee, or the administrative rules coordinator, the regulatory analysis shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2a), unless a written request expressly waives one or more of the items listed in the section.
2.6(11) Regulatory analysis contents—substantial impact on small business. When a regulatory analysis is issued in response to a written request from the administrative rules review committee, the administrative rules coordinator, at least 25 persons signing that request who each qualify as a small business or by an organization representing at least 25 small businesses, the regulatory analysis shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2b).
281—2.7(17A,25B) Fiscal impact statement.
2.7(1) A proposed rule that necessitates additional combined annual expenditures of at least $100,000, or additional combined expenditures of at least $500,000 within five years, by all affected persons, political subdivisions, or agencies and entities which contract with political subdivisions to provide services must be accompanied by a fiscal impact statement outlining the costs associated with the rule. A fiscal impact statement must satisfy the requirements of Iowa Code section 25B.6.
2.7(2) If the agency determines at the time it adopts a rule that the fiscal impact statement upon which the rule is based contains errors, the agency shall, at the same time, issue a corrected fiscal impact statement and publish the corrected fiscal impact statement in the Iowa Administrative Bulletin.
281—2.8(17A) Time and manner of rule adoption.
2.8(1) Time of adoption. The agency shall not adopt a rule until the period for making written submissions and oral presentations has expired. Within 180 days after the later of the publication of the Notice of Intended Action, or the end of oral proceedings thereon, the agency shall adopt a rule pursuant to the rule–making proceeding or terminate the proceeding by publication of a notice to that effect in the Iowa Administrative Bulletin.
2.8(2) Consideration of public comment. Before the adoption of a rule, the agency shall consider fully all of the written submissions and oral submissions received in that rule–making proceeding or any memorandum summarizing such oral submissions, and any regulatory analysis or fiscal impact statement issued in that rule–making proceeding.
2.8(3) Reliance on agency expertise. Except as otherwise provided by law, the agency may use its own experience, technical competence, specialized knowledge, and judgment in the adoption of a rule.
281—2.9(17A) Variance between adopted rule and published notice of proposed rule adoption.
2.9(1) The agency shall not adopt a rule that differs from the rule proposed in the Notice of Intended Action on which the rule is based unless:
a. The differences are within the scope of the subject matter announced in the Notice of Intended Action and are in character with the issues raised in that notice; and
b. The differences are a logical outgrowth of the contents of that Notice of Intended Action and the comments submitted in response thereto; and
c. The Notice of Intended Action provided fair warning that the outcome of that rule–making proceeding could be the rule in question.
2.9(2) In determining whether the Notice of Intended Action provided fair warning that the outcome of that rule–making proceeding could be the rule in question, the agency shall consider the following factors:
a. The extent to which persons who will be affected by the rule should have understood that the rule–making proceeding on which it is based could affect their interests;
b. The extent to which the subject matter of the rule or the issues determined by the rule are different from the subject matter or issues contained in the Notice of Intended Action; and
c. The extent to which the effects of the rule differ from the effects of the proposed rule contained in the Notice of Intended Action.
2.9(3) The agency shall commence a rule–making proceeding within 60 days of its receipt of a petition for rule making seeking the amendment or repeal of a rule that differs from the proposed rule contained in the Notice of Intended Action upon which the rule is based, unless the agency finds that the differences between the adopted rule and the proposed rule are so insubstantial as to make such a rule–making proceeding wholly unnecessary. A copy of any such finding and the petition to which it responds shall be sent to petitioner, the administrative rules coordinator, and the administrative rules review committee, within three days of its issuance.
2.9(4) Concurrent rule–making proceedings. Nothing in this rule disturbs the discretion of the agency to initiate, concurrently, several different rule–making proceedings on the same subject with several different published Notices of Intended Action.
281—2.10(17A) Exemptions from public rule–making procedures.
2.10(1) Omission of notice and comment. To the extent the agency for good cause finds that public notice and participation are unnecessary, impracticable, or contrary to the public interest in the process of adopting a particular rule, the agency may adopt that rule without publishing advance Notice of Intended Action in the Iowa Administrative Bulletin and without providing for written or oral public submissions prior to its adoption. The agency shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.
2.10(2) Public proceedings on rules adopted without them. The agency may, at any time, commence a standard rule–making proceeding for the adoption of a rule that is identical or similar to a rule it adopts in reliance upon subrule 2.10(1). Upon written petition by a governmental subdivision, the administrative rules review committee, an agency, the administrative rules coordinator, an association having not less than 25 members, or at least 25 persons, the agency shall commence a standard rule–making proceeding for any rule specified in the petition that was adopted in reliance upon subrule 2.10(1). Such a petition must be filed within one year of the publication of the specified rule in the Iowa Administrative Bulletin as an adopted rule. The rule–making proceeding on that rule must be commenced within 60 days of the receipt of such a petition. After a standard rule–making proceeding commenced pursuant to this subrule, the agency may either readopt the rule it adopted without benefit of all usual procedures on the basis of subrule 2.10(1), or may take any other lawful action, including the amendment or repeal of the rule in question, with whatever further proceedings are appropriate.
281—2.11(17A) Concise statement of reasons.
2.11(1) General. When requested by a person, either prior to the adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the agency shall issue a concise statement of reasons for the rule. Requests for such a statement must be in writing and be delivered to Legal Consultant’s Office, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. The request should indicate whether the statement is sought for all or only a specified part of the rule. Requests will be considered made on the date received.
2.11(2) Contents. The concise statement of reasons shall contain:
a. The reasons for adopting the rule;
b. An indication of any change between the text of the proposed rule contained in the published Notice of Intended Action and the text of the rule as finally adopted, with the reasons for any such change;
c. The principal reasons urged in the rule–making proceeding for and against the rule, and the agency’s reasons for overruling the arguments made against the rule.
2.11(3) Time of issuance. After a proper request, the agency shall issue a concise statement of reasons by the later of the time the rule is adopted or 35 days after receipt of the request.
281—2.12(17A) Contents, style, and form of rule.
2.12(1) Contents. Each rule adopted by the agency shall contain the text of the rule and, in addition:
a. The date the agency adopted the rule;
b. A brief explanation of the principal reasons for the rule–making action if such reasons are required by 1998 Iowa Acts, chapter 1202, section 8, or the agency in its discretion decides to include such reasons;
c. A reference to all rules repealed, amended, or suspended by the rule;
d. A reference to the specific statutory or other authority authorizing adoption of the rule;
e. Any findings required by any provision of law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal reasons for the failure to provide for waivers to the rule if no waiver provision is included and a brief explanation of any waiver or special exceptions provided in the rule if such reasons are required by 1998 Iowa Acts, chapter 1202, section 8, or the agency in its discretion decides to include such reasons; and
g. The effective date of the rule.
2.12(2) Incorporation by reference. The agency may incorporate by reference in a proposed or adopted rule, and without causing publication of the incorporated matter in full, all or any part of a code, standard, rule, or other matter if the agency finds that the incorporation of its text in the agency proposed or adopted rule would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the agency proposed or adopted rule shall fully and precisely identify the incorporated matter by location, title, citation, date, and edition, if any; shall briefly indicate the precise subject and the general contents of the incorporated matter; and shall state that the proposed or adopted rule does not include any later amendments or editions of the incorporated matter. The agency may incorporate such matter by reference in a proposed or adopted rule only if the agency makes copies of it readily available to the public. The rule shall state how and where copies of the incorporated matter may be obtained at cost from this agency, and how and where copies may be obtained from the agency of the United States, this state, another state, or the organization, association, or persons, originally issuing that matter. The agency shall retain permanently a copy of any materials incorporated by reference in a rule of the agency.
If the agency adopts standards by reference to another publication, it shall provide a copy of the publication containing the standards to the administrative rules coordinator for deposit in the state law library and may make the standards available electronically.
2.12(3) References to materials not published in full. When the administrative code editor decides to omit the full text of a proposed or adopted rule because publication of the full text would be unduly cumbersome, expensive, or otherwise inexpedient, the agency shall prepare and submit to the administrative code editor for inclusion in the Iowa Administrative Bulletin and Iowa Administrative Code a summary statement describing the specific subject matter of the omitted material. This summary statement shall include the title and a brief description sufficient to inform the public of the specific nature and subject matter of the proposed or adopted rules, and of significant issues involved in these rules. The summary statement shall also describe how a copy of the full text of the proposed or adopted rule, including any unpublished matter and any matter incorporated by reference, may be obtained from the agency. The agency will provide a copy of that full text at actual cost upon request and shall make copies of the full text available for review at the state law library and may make the standards available electronically.
At the request of the administrative code editor, the agency shall provide a proposed statement explaining why publication of the full text would be unduly cumbersome, expensive, or otherwise inexpedient.
2.12(4) Style and form. In preparing its rules, the agency shall follow the uniform numbering system, form, and style prescribed by the administrative rules coordinator.
281—2.13(17A) Agency rule–making record.
2.13(1) Requirement. The agency shall maintain an official rule–making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, or adopts. The rule–making record and materials incorporated by reference must be available for public inspection.
2.13(2) Contents. The agency rule–making record shall contain:
a. Copies of all publications in the Iowa Administrative Bulletin with respect to the rule or the proceeding upon which the rule is based and any file–stamped copies of agency submissions to the administrative rules coordinator concerning that rule or the proceeding upon which it is based;
b. Copies of any portions of the agency’s public rule–making docket containing entries relating to the rule or the proceeding upon which the rule is based;
c. All written petitions, requests, and submissions received by the agency, and all other written materials of a factual nature as distinguished from opinion that are relevant to the merits of the rule and that were created or compiled by the agency and considered by the director, in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based, except to the extent the agency is authorized by law to keep them confidential; provided, however, that when any such materials are deleted because they are authorized by law to be kept confidential, the agency shall identify in the record the particular materials deleted and state the reasons for that deletion;
d. Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, the stenographic record or electronic recording of those presentations, and any memorandum prepared by a presiding officer summarizing the contents of those presentations;
e. A copy of any regulatory analysis or fiscal impact statement prepared for the proceeding upon which the rule is based;
f. A copy of the rule and any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or suspension of the rule;
h. A copy of any objection to the issuance of that rule without public notice and participation that was filed pursuant to Iowa Code section 17A.4(2) by the administrative rules review committee, the governor, or the attorney general;
i. A copy of any objection to the rule filed by the administrative rules review committee, the governor, or the attorney general pursuant to Iowa Code section 17A.4(4), and any agency response to that objection;
j. A copy of any significant written criticism of the rule, including a summary of any petitions for waiver of the rule; and
k. A copy of any executive order concerning the rule.
2.13(3) Effect of record. Except as otherwise required by a provision of law, the agency rule–making record required by this rule need not constitute the exclusive basis for agency action on that rule.
2.13(4) Maintenance of record. The agency shall maintain the rule–making record for a period of not less than five years from the later of the date the rule to which it pertains became effective, the date of the Notice of Intended Action, or the date of any written criticism as described in 2.13(2)“g,” “h,” “i,” or “j.”
281—2.14(17A) Filing of rules. The agency shall file each rule it adopts in the office of the administrative rules coordinator. The filing must be executed as soon after adoption of the rule as is practicable. At the time of filing, each rule must have attached to it any fiscal impact statement and any concise statement of reasons that was issued with respect to that rule. If a fiscal impact statement or statement of reasons for that rule was not issued until a time subsequent to the filing of that rule, the note or statement must be attached to the filed rule within five working days after the note or statement is issued. In filing a rule, the agency shall use the standard form prescribed by the administrative rules coordinator.
281—2.15(17A) Effectiveness of rules prior to publication.
2.15(1) Grounds. The agency may make a rule effective after its filing at any stated time prior to 35 days after its indexing and publication in the Iowa Administrative Bulletin if it finds that a statute so provides, the rule confers a benefit or removes a restriction on some segment of the public, or that the effective date of the rule is necessary to avoid imminent peril to the public health, safety, or welfare. The agency shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.
2.15(2) Special notice. When the agency makes a rule effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)“b”(3), the agency shall employ all reasonable efforts to make its contents known to the persons who may be affected by that rule prior to the rule’s indexing and publication. The term “all reasonable efforts” requires the agency to employ the most effective and prompt means of notice rationally calculated to inform potentially affected parties of the effectiveness of the rule that is justified and practical under the circumstances considering the various alternatives available for this purpose, the comparative costs to the agency of utilizing each of those alternatives, and the harm suffered by affected persons from any lack of notice concerning the contents of the rule prior to its indexing and publication. The means that may be used for providing notice of such rules prior to their indexing and publication include, but are not limited to, any one or more of the following means: radio, newspaper, television, signs, mail, telephone, personal notice or electronic means.
A rule made effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)“b”(3), shall include in that rule a statement describing the reasonable efforts that will be used to comply with the requirements of subrule 2.15(2).
281—2.16(17A) General statements of policy.
2.16(1) Compilation, indexing, public inspection. The agency shall maintain an official, current, and dated compilation that is indexed by subject, containing all of its general statements of policy within the scope of Iowa Code section 17A.2(10)“a,” “c,” “f,” “g,” “h,” “k.” Each addition to, change in, or deletion from the official compilation must also be dated, indexed, and a record thereof kept. Except for those portions containing rules governed by Iowa Code section 17A.2(7)“f,” or otherwise authorized by law to be kept confidential, the compilation must be made available for public inspection and copying.
2.16(2) Enforcement of requirements. A general statement of policy subject to the requirements of this subsection shall not be relied on by the agency to the detriment of any person who does not have actual, timely knowledge of the contents of the statement until the requirements of subrule 2.16(1) are satisfied. This provision is inapplicable to the extent necessary to avoid imminent peril to the public health, safety, or welfare.
281—2.17(17A) Review by agency of rules.
2.17(1) Any interested person, association, agency, or political subdivision may submit a written request to the administrative rules coordinator requesting the agency to conduct a formal review of a specified rule. Upon approval of that request by the administrative rules coordinator, the agency shall conduct a formal review of a specified rule to determine whether a new rule should be adopted instead or the rule should be amended or repealed. The agency may refuse to conduct a review if it has conducted such a review of the specified rule within five years prior to the filing of the written request.
2.17(2) In conducting the formal review, the agency shall prepare within a reasonable time a written report summarizing its findings, its supporting reasons, and any proposed course of action. The report must include a concise statement of the agency’s findings regarding the rule’s effectiveness in achieving its objectives, including a summary of any available supporting data. The report shall also concisely describe significant written criticisms of the rule received during the previous five years, including a summary of any petitions for waiver of the rule received by the agency or granted by the agency. The report shall describe alternative solutions to resolve the criticisms of the rule, the reasons any were rejected, and any changes made in the rule in response to the criticisms as well as the reasons for the changes. A copy of the agency’s report shall be sent to the administrative rules review committee and the administrative rules coordinator. The report must also be available for public inspection.
281—2.18(17A) Petition for rule making. A petition requesting the adoption, amendment, or repeal of a rule shall be filed with the department of education at the Grimes State Office Building, Second Floor, Des Moines, Iowa 50319–0146. A petition is deemed filed when it is received by that office. The department of education shall provide the petitioner with a file–stamped copy of the petition if the petitioner provides the department an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:
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DEPARTMENT OF EDUCATION |
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Petition by (Name of Petitioner) |
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PETITION
FOR |
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The petition must provide the following information:
1. A clear and concise statement of all relevant facts on which the petition is based.
2. The precise citation to the present rule if the petition is for the amendment or repeal of the same.
3. A citation and the relevant language of the specific statutes, rules, policies, decisions, ororders, and any other relevant law.
4. A summary of the reasons for requesting the adoption, amendment or repeal of a rule.
5. Full disclosure of the petitioner’s interest in the outcome of the petition.
6. A statement indicating whether the petitioner is currently a party to another proceeding involving the issue(s) raised by the petition and whether, to the petitioner’s knowledge, those issues have been decided by, are pending determination by, or are under investigation by, any other governmental entity.
7. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the issue(s) presented in the petition.
The petition must be dated and signed by the petitioner or the petitioner’s representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner’s representative and a statement indicating the person to whom communications concerning the petition should be directed.
281—2.19(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to the Legal Consultant, Grimes State Office Building, Des Moines, Iowa 50319–0146.
These rules are intended to implement Iowa Code section 256.7(3) and chapter 17A as amended by 1998 Iowa Acts, chapter 1202.
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 3/11/94, Notice 12/8/93—published 3/30/94, effective 5/4/94]
[Filed 4/13/99, Notice 3/10/99—published 5/5/99, effective 6/9/99]
[Filed 4/20/05, Notice 2/16/05—published 5/11/05, effective 6/15/05]
[Prior to 9/7/88, see Public Instruction Department[670] Ch 53]
281—3.1(17A) Petition for declaratory order. Any person may file a petition with the department of education for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the Department of Education, at the Grimes State Office Building, Second Floor, Des Moines, Iowa 50319–0146. A petition is deemed filed when it is received by that office. The department of education shall provide the petitioner with a file–stamped copy of the petition if the petitioner provides the agency an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:
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DEPARTMENT OF EDUCATION |
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Petition by (Name of Petitioner) for a |
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PETITION
FOR |
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The petition must provide the following information:
1. A clear and concise statement of all relevant facts on which the order is requested.
2. A citation and the relevant language of the specific statutes, rules, policies, decisions, or orders, whose applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered, stated clearly and concisely.
4. The answers to the questions desired by the petitioner and a summary of the reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory order and disclosure of the petitioner’s interest in the outcome.
6. A statement indicating whether the petitioner is currently a party to another proceeding involving the questions at issue and whether, to the petitioner’s knowledge, those questions have been decided by, are pending determination by, or are under investigation by, any governmental entity.
7. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the questions presented in the petition.
8. Any request by petitioner for a meeting provided for by 3.7(17A).
The petition must be dated and signed by the petitioner or the petitioner’s representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner’s representative and a statement indicating the person to whom communications concerning the petition should be directed.
281—3.2(17A) Notice of petition. Within 15 days after receipt of a petition for a declaratory order, the department of education shall give notice of the petition to all persons not served by the petitioner pursuant to 3.6(17A) to whom notice is required by any provision of law. The department of education may also give notice to any other persons.
3.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 15 days of the filing of a petition for declaratory order (after time for notice under 3.2(17A) and before 30–day time for agency action under 3.8(17A)) shall be allowed to intervene in a proceeding for a declaratory order.
3.3(2) Any person who files a petition for intervention at any time prior to the issuance of an order may be allowed to intervene in a proceeding for a declaratory order at the discretion of the department of education.
3.3(3) A petition for intervention shall be filed at the Office of the Director, Grimes State Office Building, Des Moines, Iowa 50319–0146. Such a petition is deemed filed when it is received by that office. The department of education will provide the petitioner with a file–stamped copy of the petition for intervention if the petitioner provides an extra copy for this purpose. A petition for intervention must be typewritten or legibly handwritten in ink and must substantially conform to the following form:
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DEPARTMENT OF EDUCATION |
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Petition by (Name of Original Petitioner) for a Declaratory Order on (Cite provisions of law cited in original petition). |
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PETITION
FOR |
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The petition for intervention must provide the following information:
1. Facts supporting the intervenor’s standing and qualifications for intervention.
2. The answers urged by the intervenor to the question or questions presented and a summary of the reasons urged in support of those answers.
3. Reasons for requesting intervention and disclosure of the intervenor’s interest in the outcome.
4. A statement indicating whether the intervenor is currently a party to any proceeding involving the questions at issue and whether, to the intervenor’s knowledge, those questions have been decided by, are pending determination by, or are under investigation by, any governmental entity.
5. The names and addresses of any additional persons, or a description of any additional class of persons, known by the intervenor to be affected by, or interested in, the questions presented.
6. Whether the intervenor consents to be bound by the determination of the matters presented in the declaratory order proceeding.
The petition must be dated and signed by the intervenor or the intervenor’s representative. It must also include the name, mailing address, and telephone number of the intervenor and intervenor’s representative, and a statement indicating the person to whom communications should be directed.
281—3.4(17A) Briefs. The petitioner or any intervenor may file a brief in support of the position urged. The department of education may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.
281—3.5(17A) Inquiries. Inquiries concerning the status of a declaratory order proceeding may be made to the Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50139–0146.
281—3.6(17A) Service and filing of petitions and other papers.
3.6(1) When service required. Except where otherwise provided by law, every petition for declaratory order, petition for intervention, brief, or other paper filed in a proceeding for a declaratory order shall be served upon each of the parties of record to the proceeding, and on all other persons identified in the petition for declaratory order or petition for intervention as affected by or interested in the questions presented, simultaneously with their filing. The party filing a document is responsible for service on all parties and other affected or interested persons.
3.6(2) Filing—when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with the Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. All petitions, briefs, or other papers that are required to be served upon a party shall be filed simultaneously with the department of education.
3.6(3) Method of service, time of filing, and proof of mailing. Method of service, time of filing, and proof of mailing shall be as provided by 281—6.17(17A).
281—3.7(17A) Consideration. Upon request by petitioner, the department of education must schedule a brief and informal meeting between the original petitioner, all intervenors, and the department of education, a member of the department, or a member of the staff of the department, to discuss the questions raised. The department of education may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the department by any person.
281—3.8(17A) Action on petition.
3.8(1) Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a petition for a declaratory order, the director of the department of education or designee shall take action on the petition as required by 1998 Iowa Acts, chapter 1202, section 13(5).
3.8(2) The date of issuance of an order or of a refusal to issue an order is as defined in 281—6.2(290,17A).
281—3.9(17A) Refusal to issue order.
3.9(1) The department of education shall not issue a declaratory order where prohibited by 1998 Iowa Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order on some or all questions raised for the following reasons:
1. The petition does not substantially comply with the required form.
2. The petition does not contain facts sufficient to demonstrate that the petitioner will be aggrieved or adversely affected by the failure of the department of education to issue an order.
3. The department of education does not have jurisdiction over the questions presented in the petition.
4. The questions presented by the petition are also presented in a current rule making, contested case, or other agency or judicial proceeding that may definitively resolve them.
5. The questions presented by the petition would more properly be resolved in a different type of proceeding or by another body with jurisdiction over the matter.
6. The facts or questions presented in the petition are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue an order.
7. There is no need to issue an order because the questions raised in the petition have been settled due to a change in circumstances.
8. The petition is not based upon facts calculated to aid in the planning of future conduct but is, instead, based solely upon prior conduct in an effort to establish the effect of that conduct or to challenge an agency decision already made.
9. The petition requests a declaratory order that would necessarily determine the legal rights, duties, or responsibilities of other persons who have not joined in the petition, intervened separately, or filed a similar petition and whose position on the questions presented may fairly be presumed to be adverse to that of petitioner.
10. The petitioner requests the department of education to determine whether a statute is unconstitutional on its face.
3.9(2) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final agency action on the petition.
3.9(3) Refusal to issue a declaratory order pursuant to this provision does not preclude the filing of a new petition that seeks to eliminate the grounds for the refusal to issue a ruling.
281—3.10(17A) Contents of declaratory order—effective date. In addition to the order itself, a declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion.
A declaratory order is effective on the date of issuance.
281—3.11(17A) Copies of orders. A copy of all orders issued in response to a petition for a declaratory order shall be mailed promptly to the original petitioner and all intervenors.
281—3.12(17A) Effect of a declaratory order. A declaratory order has the same status and binding effect as a final order issued in a contested case proceeding. It is binding on the department of education, the petitioner, and any intervenors who consent to be bound and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the order was based. As to all other persons, a declaratory order serves only as precedent and is not binding on the department of education. The issuance of a declaratory order constitutes final agency action on the petition.
These rules are intended to implement Iowa Code section 256.7(3) and chapter 17A as amended by 1998 Iowa Acts, chapter 1202.
[Filed 7/1/75]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 11/19/93, Notice
9/29/93—published 12/8/93, effective 1/12/94]
[Filed 4/13/99, Notice 3/10/99—published 5/5/99, effective 6/9/99]
chapter 4
WAIVERS OR VARIANCES FROM ADMINISTRATIVE RULES
281—4.1(17A,ExecOrd11) Definitions. For purposes of this chapter:
“Board” means the state board of education.
“Department” means the department of education.
“Director” means the director of the department of education.
“Person” means an individual, school corporation, government or governmental subdivision or agency, nonpublic school, partnership or association, or any legal entity.
“Waiver or variance” means action by the director which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. For simplicity, the term “waiver” shall include both a “waiver” and a “variance.”
281—4.2(17A,ExecOrd11) Scope of chapter. This chapter outlines generally applicable standards and a uniform process for the granting of individual waivers from rules in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provision shall supersede this chapter with respect to any waiver from that rule.
281—4.3(17A,ExecOrd11) Applicability of chapter. A waiver from a rule may be granted only if the department has jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. Statutory duties or requirements created by statute may not be waived.
281—4.4(17A,ExecOrd11) Criteria for waiver. In response to a petition completed pursuant to rule 281—4.6(17A,ExecOrd11), the director may in the director’s sole discretion issue an order waiving in whole or in part the requirements of a rule if the director finds, based on clear and convincing evidence, all of the following:
1. The application of the rule to the person at issue would result in an undue hardship on the person for whom the waiver is requested;
2. The waiver from the requirement of the rule in the specific case would not prejudice the substantial legal rights of any person;
3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law;
4. Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested; and
5. The waiver from the requirements of the rule in the specific case would not have a negative impact on the student achievement of any person affected by the waiver.
281—4.5(17A,ExecOrd11) Filing of petition. All petitions for waiver must be submitted in writing to the Director, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. If the petition relates to a pending contested case, the petition shall be filed in the contested case proceeding, using the caption of the contested case.
281—4.6(17A,ExecOrd11) Content of petition. A petition for waiver shall include the following information where applicable and known to the requester:
1. The name, address, and telephone number of the person for whom a waiver is being requested, and the case number of any related contested case.
2. A description and citation of the specific rule from which a waiver is requested.
3. The specific waiver or variance requested, including the precise scope and duration.
4. The relevant facts that the petitioner believes would justify a waiver under each of the five criteria described in rule 281—4.4(17A,ExecOrd11). This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition and a statement of reasons that the petitioner believes will justify a waiver.
5. A history of any prior contacts between the board, the department and the petitioner relating to the regulated activity, license, or grant affected by the proposed waiver, including a description of each affected item held by the requester, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity, license, or grant within the last five years.
6. A detailed statement of the impact on student achievement for any person affected by the granting of a waiver.
7. Any information known to the requester regarding the board’s or department’s treatment of similar cases.
8. The name, address, and telephone number of any person or entity that would be adversely affected by the granting of a petition.
9. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver.
10. Signed releases of information authorizing persons with knowledge regarding the request to furnish the department with information relevant to the waiver.
281—4.7(17A,ExecOrd11) Additional information. Prior to issuing an order granting or denying a waiver, the department may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the department may on its own motion or at the petitioner’s request, schedule a telephonic or in–person meeting between the petitioner and the department.
281—4.8(17A,ExecOrd 11) Notice. The department shall acknowledge a petition upon receipt. The department shall ensure that, within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law. In addition, the department may give notice to other persons. To accomplish this notice provision, the department may require the petitioner to serve the notice on all persons to whom notice is required by any provision of law and provide a written statement to the department attesting that notice has been provided.
281—4.9(17A,ExecOrd11) Hearing procedures. The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply in three situations: (1) to any petition for a waiver filed within a contested case; (2) when provided by rule or order; or (3) when required to do so by statute.
281—4.10(17A,ExecOrd11) Ruling. An order granting or denying a waiver shall be in writing and shall contain a reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and the reasons upon which the action is based, and a description of the precise scope and operative period of the waiver if one is issued.
4.10(1) Discretion. The final decision on whether the circumstances justify the granting of a waiver shall be made at the sole discretion of the director, upon consideration of all relevant factors. Each petition for a waiver shall be evaluated by the director based on the unique, individual circumstances set out in the petition.
4.10(2) Burden of persuasion. The burden of persuasion rests with the petitioner to demonstrate by clear and convincing evidence that the director should exercise the director’s discretion to grant a waiver from a rule.
4.10(3) Narrowly tailored. A waiver, if granted, shall provide the narrowest exception possible to the provisions of a rule.
4.10(4) Administrative deadlines. When the rule from which a waiver is sought establishes administrative deadlines, the director shall balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all similarly situated persons.
4.10(5) Conditions. The director may place any condition on a waiver that the director finds desirable to protect the public health, safety, and welfare.
4.10(6) Time period of waiver. A waiver shall not be permanent unless the petitioner can show that a temporary waiver would be impracticable. If a temporary waiver is granted, there is no automatic right to renewal. At the sole discretion of the director, a waiver may be renewed if the director finds that grounds for a waiver continue to exist.
4.10(7) Time for ruling. The director shall grant or deny a petition for a waiver as soon as practicable but, in any event, shall do so within 120 days of its receipt, unless the petitioner agrees to a later date. However, if a petition is filed in a contested case, the director shall grant or deny the petition no later than the time at which the final decision in that contested case is issued.
4.10(8) When deemed denied. Failure of the director to grant or deny a petition within the required time period shall be deemed a denial of that petition by the director. However, the director shall remain responsible for issuing an order denying a waiver.
4.10(9) Service of order. Within seven days of its issuance, any order issued under this chapter shall be transmitted to the petitioner or the person to whom the order pertains, and to any other person entitled to such notice by any provision of law.
281—4.11(17A,ExecOrd11) Public availability. All orders granting a waiver petition shall be indexed, filed and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public records under Iowa Code chapter 22. The director may accordingly redact confidential information from petitions or orders prior to public inspection.
281—4.12(17A,ExecOrd11) Summary reports. Semiannually, the department shall prepare a summary report identifying the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by these rules, and a general summary of the reasons justifying the board’s actions on waiver requests. If practicable, the report shall detail the extent to which the granting of a waiver has affected the general applicability of the rule itself. Copies of the report shall be available for public inspection and shall be provided semiannually to the administrative rules coordinator and the administrative rules review committee.
281—4.13(17A,ExecOrd11) Cancellation. A waiver issued pursuant to this chapter may be withdrawn, canceled or modified if, after appropriate notice and hearing, the director issues an order finding any of the following:
1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that the public health, safety and welfare will be adequately protected after issuance of the waiver order have been demonstrated to be insufficient; or
3. The subject of the waiver order has failed to comply with all conditions contained in the order.
281—4.14(17A,ExecOrd11) Violations. Violation of conditions in the waiver approval is the equivalent of violation of the particular rule for which the waiver is granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.
281—4.15(17A,ExecOrd11) Defense. After the director issues an order granting a waiver, the order is a defense within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.
281—4.16(17A,ExecOrd11) Judicial review. Judicial review of the director’s decision to grant or deny a waiver petition may be taken in accordance with Iowa Code chapter 17A.
281—4.17(17A,ExecOrd11) Exception. This rule does not apply to 281—Chapters 36 and 37 or to specific waiver provisions adopted in other chapters.
These rules are intended to implement Iowa Code section 17A.9A.
[Filed 3/20/01, Notice 12/13/00—published 4/18/01, effective 5/23/01]
chapter 5
PUBLIC RECORDS AND FAIR INFORMATION PRACTICES
[Prior to 9/7/88, see Public
Instruction Department[670] Ch 83]
The department of education hereby adopts, with the following exceptions and amendments, rules of the Governor’s Task Force on Uniform Rules of Agency Procedure relating to public records and fair information practices which are printed in the first volume of the Iowa Administrative Code.
281—5.1(256) Definitions. As used in this chapter:
“Agency.” In lieu of the words “(official or body issuing these rules)”, insert “department of education”.
281—5.3(256) Requests for access to records.
5.3(1) Location of record. All records of the department of education are located at the Grimes State Office Building, Des Moines, Iowa 50319–0146, with the exception of records belonging to the division of vocational rehabilitation services, which are located at the Jessie Parker State Office Building, 510 East 12th Street, Des Moines, Iowa 50319.
5.3(2) Office hours. In lieu of the words “(insert customary office hours and, if agency does not have customary office hours of at least thirty hours per week, insert hours specified in Iowa Code section 22.4)”, insert “8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and legal holidays”.
5.3(7) Fees.
c. Supervisory fee. In lieu of the words “(specify time period)”, insert “one–half hour”. In lieu of the words “(An agency wishing to deal with search fees authorized by law should do so here.)”, insert “The agency will give advance notice to the requester if it will be necessary to use an employee with a higher hourly wage in order to find or supervise the particular records in question, and shall indicate the amount of that higher hourly wage to the requester.”
281—5.6(256) Procedure by which additions, dissents, or objections may be entered into certain records. In lieu of the words “(designate office)”, insert “the office of the director of the agency”.
281—5.9(256) Disclosures without the consent of the subject.
5.9(1) Open records are routinely disclosed without the consent of the subject.
5.9(2) To the extent allowed by law, disclosure of confidential or exempt records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without notice to the subject:
a. For a routine use as defined in rule 5.10(256) or in the notice for a particular record system.
b. To a recipient who has provided the agency with advance written assurance that the record will be used solely as a statistical research or reporting record, provided that the record is transferred in a form that does not identify the subject.
c. To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if an authorized representative of the government agency or instrumentality has submitted a written request to the agency specifying the record desired and the law enforcement activity for which the record is sought.
d. To an individual pursuant to a showing of compelling circumstances affecting the health or safety of an individual if a notice of the disclosure is transmitted to the last–known address of the subject.
e. To the legislative services agency.
f. Disclosures in the course of employee disciplinary proceedings.
g. In response to a court order or subpoena.
5.10(1) “Routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public records law, Iowa Code chapter 22.
5.10(2) To the extent allowed by law, the following uses are considered routine uses of all agency records:
a. Disclosure to those officers, employees, and agents of the agency who have a need for the rec–ord in the performance of their duties. The custodian of the record may, upon request of any officer or employee, or on the custodian’s own initiative, determine what constitutes legitimate need to use confidential records.
b. Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigation and possible criminal prosecution, civil court action, or regulatory order.
c. Disclosure to the department of inspections and appeals regarding matters in which it performs services or functions on behalf of the agency.
d. Transfers of information within the agency, to other state agencies, or to local units of government, as appropriate, to administer the program for which the information is collected.
e. Information released to staff of federal and state entities for audit purposes or to determine whether the agency is operating a program lawfully.
f. Any disclosure specifically authorized by the statute under which the record is collected or maintained.
281—5.11(256) Consensual disclosure of confidential records.
5.11(1) Consent to disclosure by a subject individual. To the extent permitted by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 5.7(256).
5.11(2) Complaints to public officials. A letter from a subject of a confidential record to a public official which seeks the official’s intervention on behalf of the subject in a matter that involves the agency may to the extent permitted by law be treated as an authorization to release sufficient information about the subject to the official to resolve the matter.
281—5.12(256) Release to a subject.
5.12(1) The subject of a confidential record may file a written request to review confidential rec–ords about that person as provided in rule 5.6(256). However, the agency need not release the following records to the subject:
a. The identity of a person providing information to the agency need not be disclosed directly or indirectly to the subject of the information when the information is authorized to be held confidential pursuant to Iowa Code section 22.7(18) or other provision of law.
b. Records need not be disclosed to the subject when they are the work product of an attorney or are otherwise privileged.
c. Peace officers’ investigative reports may be withheld from the subject, except as required by the Iowa Code. (See Iowa Code section 22.7(5))
d. As otherwise authorized by law.
5.12(2) Where a record has multiple subjects with interest in the confidentiality of the record, the agency may take reasonable steps to protect confidential information relating to another subject.
281—5.13(256) Availability of records.
5.13(1) Open records. Agency records are open for public inspection and copying unless otherwise provided by rule or law.
5.13(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withholding them from public inspection.
a. Sealed bids received prior to the time set for public opening of bids under Iowa Code section 72.3.
b. Tax records made available to the agency. (Iowa Code sections 422.20 and 422.72)
c. Records which are exempt from disclosure under Iowa Code section 22.7.
d. Minutes of closed meetings of a government body. (Iowa Code section 21.5(4))
e. Identifying details in final orders, decisions and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets under Iowa Code section 17A.3(1)“d.”
f. Those portions of agency staff manuals, instructions or other statements issued which set forth criteria or guidelines to be used by agency staff in auditing, in making inspections, in settling commercial disputes or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution or settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid detection;
(2) Facilitate disregard of requirements imposed by law; or
(3) Give a clearly improper advantage to persons who are in an adverse position to the agency. (See Iowa Code sections 17A.2 and 17A.3)
g. Records which constitute attorney work product, attorney–client communications, or which are otherwise privileged. Attorney work product is confidential under Iowa Code sections 22.7(4), 622.10 and 622.11, Iowa R.C.P. 122(c), Fed. R. Civ. P. 26(b)(3), and case law. Attorney–client communications are confidential under Iowa Code sections 622.10 and 622.11, the rules of evidence, the Code of Professional Responsibility, and case law.
h. Any other records made confidential by law.
5.13(3) Authority to release confidential records. The agency may have discretion to disclose some confidential records which are exempt from disclosure under Iowa Code section 22.7 or other law. Any person may request permission to inspect records withheld from inspection under a statute which authorizes limited or discretionary disclosure as provided in rule 5.4(17A,22). If the agency initially determines that it will release these records, the agency may, where appropriate, notify interested parties and withhold the records from inspection as provided in subrule 5.4(3).
281—5.14(256) Personally identifiable information. This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 5.1(256). For each record system, this rule describes the legal authority for the collection of that information, the means of storage of that information and indicates whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with that in another record system. The rec–ord systems maintained by the agency are:
5.14(1) Staff records of the basic educational data survey. Records of employees of area educational agencies, merged area schools, and approved public and private schools, whose positions require an Iowa teacher’s certificate and contain such personally identifiable information as name, Iowa teacher’s certificate number, and social security number. Other data collected are date of birth, teaching experience, sex, current position and assignments. This information is collected pursuant to Iowa Code subsection 256.9(18) and 281—subrule 11.1(4), and is stored on paper and in an automated data processing system. Data processing systems match, collate, and compare the personally identifiable information of the staff records with that of teacher certification records.
5.14(2) Driver education records. Driver education records contain personally identifiable information such as name, driver’s license number, and Iowa teacher’s certificate number collected pursuant to Iowa Code section 321.178 and 281—Chapter 26, and are stored on paper and in an automated data processing system. Data processing systems match, collate, and compare the personally identifiable information of the driver education records with that of the teacher certification records and BEDS staff records.
5.14(3) Bus driver permit records. Bus driver permit records contain personally identifiable information such as name, social security number, driver’s license number, and bus driver’s permit number collected pursuant to Iowa Code sections 321.376 and 285.11(10) and 281—Chapter 43, and are stored on paper and in an automated data processing system. Data processing systems match, collate, and compare the personally identifiable information of the bus driver permit numbers with that of bus accident records.
5.14(4) Bus accident records. Bus accident records contain one item of personally identifiable information: the driver’s social security number collected pursuant to Iowa Code section 321.376 and 281—Chapter 43 and are stored on paper and in an automated data processing system. Data processing systems match, collate, and compare the personally identifiable information of the bus accident rec–ords with that of bus driver permit records.
5.14(5) Teacher certification records. Teacher certification records contain information about each individual issued an Iowa teacher’s certificate. These records contain such personally identifiable information as name, teacher’s certificate number and social security number. Other data collected are date of birth, type and source of degree, completion of mandatory postgraduation coursework, experience, and the subjects and grade level authorized to teach. This information is collected pursuant to Iowa Code sections 256.7(3) and 256.7(5), Iowa Code chapter 260, and 281—Chapters 84 to 88 and 73 to 75, and is stored on paper and in an automated data processing system. Data processing systems match, collate, and compare the personally identifiable information of the teacher certification records with that of BEDS staff records, driver education records, and career education records.
5.14(6) Exceptional child survey. These records are exempt from disclosure under Iowa Code subsection 22.7(1). The information gathered by this system relates to children and youth identified as handicapped and in need of special education. Each student record contains a code derived from the child’s name and birth date. The coded identifier is the personally identifiable information. Information in each record pertains to the child’s handicapping condition and the special education instructional and support–related services provided to the child. Each record may also contain the child’s teacher’s name and teaching certificate number. This information is collected pursuant to Iowa Code chapter 256B and 34 CFR, Parts 300 and 301 (1986). Procedures for protection of and access to this information are set forth in this state’s plan under the Education of All the Handicapped Act, 20 U.S.C. §1401 et seq. These policies and procedures are in compliance with the Family Educational Rights and Privacy Act of 1974 (34 CFR, Part 90) and 34 CFR sections 300.129, 300.560–576, Confidentiality of Information, Part B, EHA, as amended (1986).
This information is stored in an automated data processing system that does not match, collate, or compare the personally identifiable information of the exceptional child survey records with the personally identifiable information of other records systems.
5.14(7) Rule exception requests and adjusted program reports. Information gathered by this form relates to excepting the rules of special education in certain circumstances in order to provide a program of educational services to an identified handicapped child or children. These rule exception requests and adjusted program reports could contain personally identifiable information on pupils involved in the special circumstance.
This information is collected pursuant to Iowa Code chapters 256B and 273 and IAC 281—subrules 41.30(1) and 41.30(2). This information is stored on paper and is not on any automated data processing system. All personally identifiable information gathered through this effort is confidential under the provisions of 34 CFR, Parts 90 and 300 (1986) and Iowa Code section 22.7(1).
5.14(8) Department approval—special education placements. These are requests for approval to place a handicapped pupil in an out–of–state educational program and would contain personally identifiable information such as the pupil’s name, birth date, residence, handicapping condition and other information relative to the identified special education needs of the pupil. Response to these requests for department approval would contain similar information.
This information is collected pursuant to Iowa Code subsection 273.3(5) and is stored on paper. Data processing systems do not match, collate, or compare the personally identifiable information with other records. All personally identifiable information gathered through this effort is confidential under the provisions of 34 CFR, Parts 90 and 300 (1986).
5.14(9) Chapter I, ECIA, state–operated programs for the handicapped. Local education agency student transfers. Information gathered by this system is related to handicapped children who were served in the state–operated program for the handicapped, counted under the provisions of 34 CFR 302 (1986), and who have subsequently exited that program and enrolled in a special education program in a local education agency within the state. The personally identifiable information consists of the child’s name, birth date, disability, and the local education agency to which the child has exited. This data is collected pursuant to 34 CFR, Part 302 (1986), State–Operated Programs for the Handicapped. This data is collected and stored on paper and is not automated. Data processing systems do not match, collate, or compare the personally identifiable information of other record systems. This data is utilized to determine if an LEA is eligible to apply for Chapter I funds under the provisions of 34 CFR, Part 302 (1986).
5.14(10) Special education complaint management system. Information gathered in this record system is utilized as documentation of concerns or complaints related to special education programs and services to handicapped children as required under the provisions of 34 CFR, Part 300 (1986). Personally identifiable information includes the student’s name, handicapping condition, parent’s name, and the nature of the concern or complaint being registered. The information is gathered and stored on paper and is not in an automated data processing system. Data processing systems do not match, collate, or compare personally identifiable information from these records with personally identifiable information of other records systems. Personally identifiable information gathered by this system is confidential under the provisions of 34 CFR, Parts 90 and 300 (1986).
5.14(11) Deaf–blind student registry. This data collection system gathers information related to deaf–blind children and youth in Iowa. Personally identifiable information items would include the child’s name, birth date, location, and services being provided to the child. Information is utilized to plan programs and services for all deaf–blind children and their families in the state. This information is gathered pursuant to the provisions of 34 CFR, Part 307 (1986). The system is stored on paper and is not on any state automated data processing system. Data processing systems do not compare, collate or match personally identifiable information in this system with personally identifiable information in other data systems. Personally identifiable information gathered and maintained by this system is confidential under the provisions of 34 CFR, Parts 90 and 300 (1986).
5.14(12) Career education records. Career education records contain personally identifiable information such as the names and certificate numbers of staff members employed to conduct career education programs. Other data collected concern approvals, reimbursements, enrollments, expenditures, and student characteristics, and completion status relating to career education programs. This information is collected pursuant to Iowa Code chapter 258 and is stored on paper and in an automated data processing system. Data processing systems match, collate, and compare the personally identifiable information of career education records with that of teacher certification records.
5.14(13) Job Training Partnership Act (JTPA) records. Job Training Partnership Act (JTPA) rec–ords contain personally identifiable information such as the name and social security number of each JTPA client. Other data collected include training progress, profits, and expenditures. This information is collected pursuant to 29 U.S.C. 1603 §203 and 20 CFR, Part 630 (1986), and is stored on paper and in an automated data processing system. Data processing systems do not match, collate, or compare the personally identifiable information of JTPA records with that of other record systems.
5.14(14) Drinking driver course records. These records contain such personally identifiable information as name, address, birth date and social security number. Other data collected are the driver’s pre– and post–test scores. This information is collected pursuant to Iowa Code section 321J.12 and is stored on paper and in an automated data processing system. Data processing systems in this agency do not match, collate, or compare the personally identifiable information of drinking driver records with other record systems.
5.14(15) Robert C. Byrd honors scholarships. Records contain personally identifiable information about applicants for these scholarships including name, social security number, home address, and telephone number. Other data are parents’ names and applicant’s scholastic achievements, including grades. Information is collected in order to determine eligibility for the Byrd scholarships, funded under 20 U.S.C. 1070d–31, et seq. Information is stored on paper and in an automated data processing system. Data processing systems do not match, collate, or compare personally identifiable information of these records with that of other record systems. These records or portions may be declared confidential under Iowa Code section 22.7(1).
5.14(16) Personnel records. The agency has records concerning individual agency employees, some of which may contain confidential information under Iowa Code section 22.7(11) and other legal provisions. Personnel records may be subject to the rules of the department of personnel.
5.14(17) Special project applications. Applications from public school districts may contain personally identifiable information about qualifications of project staff members. No personally identifiable student data are collected. Information is stored on paper and in an automated data processing system. This information is collected pursuant to Iowa Code sections 442.31 to 442.35.
5.14(18) Grants/awards/projects. Records of persons or agencies applying for grants, awards, or funds for projects may contain information about individuals collected pursuant to specific federal or state statutes or regulations. This information may be stored in an automated data processing system.
5.14(19) Phase I, II, and III records. These records contain the names, social security numbers, and salaries of teachers in districts applying for phase funding. This information is collected pursuant to Iowa Code chapter 294A and is stored on paper and in an automated data processing system which may match, collate, or compare personally identifiable information in these records with records in another record system.
5.14(20) Appeal records. These records contain data supplied by persons or entities appealing to the agency and may contain personally identifiable information such as student name, age, scholastic and disciplinary record, and status as regular or special education pupil. This information is collected pursuant to Iowa Code chapters 256B, 260, 275, 280, 282, 285, and 290 and is stored on paper and is not in an automated data processing system. The personally identifiable information is not matched, collated, or compared with data in other record systems.
5.14(21) Teacher certification decisions. These licensing decisions contain data such as teacher’s name and facts surrounding disciplinary action (suspension or revocation) taken by the state board of education. This information is collected pursuant to Iowa Code chapters 272A and 260 and 281—Chapter 7.
5.14(22) Litigation files. These files or records contain information regarding litigation or anticipated litigation, which includes judicial and administrative proceedings. The records include briefs, depositions, docket sheets, documents, correspondence, attorneys notes, memoranda, research materials, witness information, investigation materials, information compiled under the direction of the attorney, and case management records. The files contain materials which are confidential as attorney work product and attorney–client communications. Some materials are confidential under other applicable provisions of law or because of a court order. Persons wishing copies of pleadings and other documents filed in litigation should obtain these from the clerk of the appropriate court which maintains the official copy.
281—5.15(256) Other groups of records. This rule describes groups of records maintained by the agency other than record systems as defined in rule 5.1(256). These records are routinely available to the public. However, the agency’s files of these records may contain confidential information as discussed in rule 5.13(256). The records listed may contain information about individuals.
5.15(1) Rule making. Rule–making records may contain information about individuals making written or oral comments on proposed rules or proposing rules or rule amendments. This information is collected pursuant to Iowa Code sections 17A.3, 17A.4, and 17A.7. These records are stored on paper and not in an automated data processing system.
5.15(2) State board records. Records contain agendas, minutes, and materials presented to the board. Records concerning closed sessions are exempt from disclosure under Iowa Code subsection 21.5(4). State board records contain information about people who participate in meetings. This information is collected under the authority of Iowa Code section 21.3. State board records are not stored in an automated data processing system.
5.15(3) Publications. Publications include news releases, annual reports, project reports, agency newsletters, etc., which describe various agency programs. Agency news releases, project reports, and newsletters may contain information about individuals, including agency staff or members of agency councils or committees. This information is not stored in an automated data processing system.
5.15(4) Statistical reports. Periodic reports of various agency programs are available from the department of education. Statistical reports are not stored in an automated data processing system.
5.15(5) Address lists/directories. The names and mailing addresses of members of councils, working groups, program participants and members of the general public evidencing interest in particular programs/events of the agency are maintained in order to provide mailing labels for mass distribution of literature. This information is collected under the provisions of Iowa Code chapter 256.
5.15(6) Appeal decisions and declaratory rulings. All final orders, decisions and rulings are available for public inspection in accordance with Iowa Code section 17A.3. These records may contain personally identifiable information regarding individuals who are the subjects of the appeals or rulings. This information is collected pursuant to Iowa Code chapters 17A, 256B, 280, 282, 282A, 285, 290 and 281—Chapters 6, 7 and 41 and is not stored in an automated data processing system.
5.15(7) Published materials. The agency uses many legal and technical publications in its work. The public may inspect these publications upon request. Some of these materials may be protected by copyright law.
5.15(8) Basic educational data survey system records. Curriculum, address, policy and procedures, and enrollment records of the basic educational data survey system contain data concerning the curriculum, building, policy and procedures, and enrollment of merged area schools, area education agencies, and approved public and private K–12 educational agencies.
Address records contain the addresses of buildings in which educational agencies are located and the names of the chief administrators of those agencies collected pursuant to Iowa Code sections 256.7 and 256.9.
5.15(9) Secretary’s annual report. This record contains information related to public school districts’ attendance figures, revenues and expenditures.
5.15(10) Certified enrollment records. Public school district records with enrollments of resident students in district schools; resident students enrolled in another district; nonresident and out–of–state students enrolled in district schools; and full–time equivalent (FTE) enrollment of shared time, part–time and area school students of high school age. These records do not contain student names or other personally identifiable information.
5.15(11) School lunch program records. Records of public and private schools participating in the national school lunch program. Records contain information relating to funds available for reimbursements, advance payments, claims, and reimbursements made to schools; dates that participating schools were inspected; and individual employees of school food services of agencies participating in child nutrition programs. The personally identifiable information is collected pursuant to 7 CFR, Subpart C, 210.9 (1986).
5.15(12) Commodity distribution records. Records of the allocation and delivery of federally provided commodities to participating schools.
5.15(13) Transportation records. Transportation records contain operational data for school buses.
5.15(14) Facilities’ records. Records of buildings and additions to buildings owned by public and private K–12 educational agencies.
5.15(15) Minority records. Records consist of curriculum records, staff records and enrollment records. There is one curriculum record for each course offered by a school. It enumerates the number of handicapped students and the number of minority pupils by sex by race enrolled for the course. In the same manner, the staff record for a school enumerates the number of handicapped noncertificated staff and the number of minority certificated staff by sex by race. Enrollment records enumerate the number of minority and handicapped pupils by grade by sex by race; handicapping condition. These records do not contain personal information.
5.15(16) Child care food program records. Records contain information concerning advance payments made to institutions participating in the federal child care food program, agreements between institutions and their sites with program administrators, claims and reimbursements for meals served, and inspections of programs. The name of each program administrator is included in agreement rec–ords collected pursuant to 7 CFR, Part 226.6(e)(1)(1986).
5.15(17) Guidance dropout records. These records consist of the number of dropouts in a school district for a particular school year in terms of race. No personally identifiable information is contained in dropout records.
5.15(18) Career information system of Iowa (CISI) records. Records of a state–directed project which stores and utilizes occupational and educational data for student use in career decision making.
5.15(19) Chapter I records. Records contain data concerning costs; enrollments; number of classes; teachers; aides; pre– and post–test scores; staff training; and parental activity. No personally identifiable information is contained in the records stored in an automated data processing system, although applications stored on paper may contain personally identifiable information such as teacher name.
5.15(20) Merged area school records. These records contain data concerning equipment (inventory), enrollment (by sex and residence), and the number of pupils completing programs.
5.15(21) Merged area schools inventory records. Records describe all equipment in merged area schools.
5.15(22) Merged area schools enrollment and completer records. Records contain enrollment by sex and residence for each program offered by each merged area school.
5.15(23) General equivalency diploma (GED) records. General equivalency diploma (GED) rec–ords contain the names, addresses, social security numbers, and test scores of individuals granted an Iowa high school equivalency diploma. This information is collected pursuant to Iowa Code chapter 259A.
5.15(24) Area education agency budget records. These records contain data used by the state board of education to approve AEA annual budgets. These records are stored on hard copy only.
5.15(25) Area education agency annual financial report records. These records contain data relating to revenue, expenditures, and balances as well as the number of AEA employees in each program. These records are stored on hard copy only.
5.15(26) Juvenile home records. The juvenile home educational program budget and claim documents collect financial, employee, and student operation data. Budget records are used by the agency for program approval. Claim records are used for approving reimbursements and program results. These records are stored on hard copy only.
5.15(27) Chapter II records. These records contain federal Chapter II allocations, enrollments, project descriptions, budgets, and assurances. These records are stored on hard copy only.
5.15(28) Educational improvement projects records. These records contain basic planning data, project descriptions, budgets, and assurances. These records are stored on hard copy only.
5.15(29) Nonpublic school pupil textbook services records. These records contain data on public school per pupil textbook expenditures, number of resident nonpublic school pupils requesting textbook services and the cost of providing textbook services for nonpublic school pupils. These records are stored on hard copy only.
5.15(30) Nonpublic school pupils transportation services claims. These records contain data on expenditures for providing transportation to pupils attending approved nonpublic schools and requests for reimbursement. These records are stored on hard copy only.
5.15(31) Minutes and reports of state vocational education council. These records contain the discussion, actions, and recommendations of the council and include biennial reports to the governor. They are stored on hard copy only.
281—5.16(256) Applicability. This chapter does not:
1. Require the agency to index or retrieve records which contain information about individuals by that person’s name or other personal identifier.
2. Make available to the general public records which would otherwise not be available under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of, notification of or access to, records in the possession of the agency which are governed by the rules of another agency. This chapter applies to all records of the department of education. Additional rules regarding records of the department’s division of vocational rehabilitation services are also set forth in 281—Chapter 56, division VIII. This chapter does not apply to the records of the following agencies under the department’s “umbrella” that have their own rule–making authority: college aid commission, Iowa advance funding authority, educational examiners board, and the school budget review committee.
4. Apply to grantees, including local governments or subdivisions thereof, administering state–funded programs, unless otherwise provided by law or agreement.
5. Make available records compiled by the agency in reasonable anticipation of court litigation or formal administrative proceedings. The availability of such records to the general public or to any subject individual or party to such litigation or proceedings shall be governed by applicable legal and constitutional principles, statutes, rules of discovery, evidentiary privileges, and applicable rules of the agency.
These rules are intended to implement Iowa Code section 22.11.
[Filed 4/29/88, Notice 3/9/88—published 5/18/88, effective 6/22/88]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 6/4/04, Notice 3/31/04—published 6/23/04, effective 7/28/04]
[Prior to 9/7/88, see Public Instruction Department[670] Ch 51]
281—6.1(290) Scope of appeal. The rules of this chapter are applicable to all hearing requests seeking appellate review by the state board of education, the director of education, or the department of education.
281—6.2(256,290,17A) Definitions.
“Appellant,” as used in this chapter, shall refer to a party bringing an appeal to the state board of education, the director of education or the department of education.
“Appellee,” as used in this chapter, shall refer to the party in a matter against whom an appeal is taken, or the party whose interest is adverse to the reversal of a prior decision now on appeal to the state board of education, the director of education or the department of education.
“Board,” as used in this chapter, shall refer to the state board of education.
“Contested case” means a proceeding defined by Iowa Code section 17A.2(5) and includes any matter defined as a no factual dispute contested case under 1998 Iowa Acts, chapter 1202, section 14.
“Default” means a dismissal of the appeal due to nonappearance at the hearing, either telephonically or in person, or for failure to request a continuance of the appeal hearing. Exceptions may be granted at the discretion of the presiding officer.
“Department” means the department of education.
“Director,” as used in this chapter, shall refer to the director of education.
“Hearing panel,” as used in this chapter, shall refer to the director of education, or the director’s designee, sitting as the administrative law judge and two members of the department of education staff designated by the administrative law judge to hear the presentation of evidence or oral arguments concerning appeals which are unusual or which present issues of first impression.
“Issuance” means the date of mailing of a decision or order or date of delivery if service is by other means unless another date is specified in the order.
“Party” means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.
“Presiding officer” means the director of the department of education or the designated administrative law judge.
281—6.3(290,17A) Manner of appeal.
6.3(1) An appeal shall be made in the form of an affidavit, unless an affidavit is not required by the statute establishing the right of appeal, which shall set forth the facts, any error complained of, or the reasons for the appeal in a plain and concise manner, and which shall be signed by the appellant and delivered to the office of the director by United States Postal Service, facsimile (fax), or personalservice. The affidavit shall be considered as filed with the agency on the date of the United States Postal Service postmark, the date of arrival of the facsimile, or the date personal service is made. Time shall be computed as provided in Iowa Code subsection 4.1(34).
6.3(2) The director or designee shall, within five days after the filing of such affidavit, notify the proper officer in writing of the taking of an appeal, and the officer shall, within ten days, file with the board a complete certified transcript of the record and proceedings related to the decision appealed. A certified copy of the minutes of the meeting of the governmental body making the decision appealed shall satisfy this requirement.
6.3(3) The director or designee shall send written notice by certified mail, return receipt requested, at least ten days prior to the hearing, unless the ten–day period is waived by all parties, to all persons known to be interested. Such notice shall include the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; a reference to the particular sections of the statutes and rules involved; and a short and plain statement of the matters asserted. A copy of the appeal hearing rules shall be included with the notice.
The notice of hearing shall contain the following information: identification of all parties including the name, address and telephone number of the person who will act as advocate for the agency or the state and of parties’ counsel where known; reference to the procedural rules governing conduct of the contested case proceeding; reference to the procedural rules governing informal settlement; and identification of the presiding officer, if known. If not known, a description of who will serve as presiding officer (e.g., director of the department or administrative law judge from the department of inspections and appeals).
6.3(4) and 6.3(5) Rescinded IAB 5/5/99, effective 6/9/99.
6.3(6) An amendment to the affidavit of appeal may be made by the appellant up to ten working days prior to the hearing. With the agreement of all parties, an amendment may be made until the hearing is closed to the receipt of evidence.
281—6.4(17A) Continuances. Unless otherwise provided, applications for continuances shall be made to the presiding officer.
6.4(1) A written application for a continuance shall:
a. Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies;
b. State the specific reasons for the request; and
c. Be signed by the requesting party or the party’s representative.
An oral application for a continuance may be made if the presiding officer waives the requirement for a written motion. However, a party making such an oral application for a continuance must confirm that request by written application within five days after the oral request unless that requirement is waived by the presiding officer. No application for continuance shall be made or granted without notice to all parties except in an emergency where notice is not feasible. The agency may waive notice of such requests for a particular case or an entire class of cases.
6.4(2) In determining whether to grant a continuance, the presiding officer may consider:
a. Prior continuances;
b. The interests of all parties;
c. The likelihood of informal settlement;
d. The existence of an emergency;
e. Any objection;
f. Any applicable time requirements;
g. The existence of a conflict in the schedules of counsel, parties, or witnesses;
h. The timeliness of the request; and
i. Other relevant factors.
The presiding officer may require documentation of any grounds for continuance.
6.5(1) Motion. A motion for leave to intervene in a contested case proceeding shall state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition in intervention shall be attached to the motion. Any party may file a response within 14 days of service of the motion to intervene unless the time period is extended or shortened by the presiding officer.
6.5(2) When filed. Motion for leave to intervene shall be filed as early in the proceeding as possible to avoid adverse impact on existing parties or the conduct of the proceeding. Unless otherwise ordered, a motion for leave to intervene shall be filed before the prehearing conference, if any, or at least 20 days before the date scheduled for hearing. Any later motion must contain a statement of good cause for the failure to file in a timely manner. Unless inequitable or unjust, an intervenor shall be bound by any agreement, arrangement, or other matter previously raised in the case. Requests by untimely intervenors for continuances which would delay the proceeding will ordinarily be denied.
6.5(3) Grounds for intervention. The movant shall demonstrate that: (a) intervention would not unduly prolong the proceedings or otherwise prejudice the rights of existing parties; (b) the movant is likely to be aggrieved or adversely affected by a final order in the proceeding; and (c) the interests of the movant are not adequately represented by existing parties.
6.5(4) Effect of intervention. If appropriate, the presiding officer may order consolidation of the petitions and briefs of different parties whose interests are aligned with each other and limit the number of representatives allowed to participate actively in the proceedings. A person granted leave to intervene is a party to the proceeding. The order granting intervention may restrict the issues that may be raised by the intervenor or otherwise condition the intervenor’s participation in the proceeding.
6.6(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought.
6.6(2) Any party may file a written response to a motion within ten days after the motion is served, unless the time period is extended or shortened by rules of the agency or the presiding officer. The presiding officer may consider a failure to respond within the required time period in ruling on a motion.
6.6(3) The presiding officer may schedule oral argument on any motion.
6.6(4) Motions pertaining to the hearing, except motions for summary judgment, must be filed and served at least ten days prior to the date of hearing unless there is good cause for permitting later action or the time for such action is lengthened or shortened by rule of the agency or an order of the presiding officer.
6.6(5) Motions for summary judgment. Motions for summary judgment shall comply with the requirements of Iowa Rule of Civil Procedure 1.981 and shall be subject to disposition according to the requirements of that rule to the extent such requirements are not inconsistent with the provisions of this rule or any other provision of law governing the procedure in contested cases.
Motions for summary judgment must be filed and served at least 45 days prior to the scheduled hearing date, or other time period determined by the presiding officer. Any party resisting the motion shall file and serve a resistance within 15 days, unless otherwise ordered by the presiding officer, from the date a copy of the motion was served. The time fixed for hearing or nonoral submission shall be not less than 20 days after the filing of the motion, unless a shorter time is ordered by the presiding officer. A summary judgment order rendered on all issues in a contested case is subject to rehearing pursuant to rule 6.20(17A) and appeal pursuant to rule 6.21(17A).
281—6.7(17A) Disqualification.
6.7(1) A presiding officer or other person shall withdraw from participation in the making of any proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or advocated in connection with that case, the specific controversy underlying that case, another pending factually related contested case, or a pending factually related controversy that may culminate in a contested case involving the same parties;
c. Is subject to the authority, direction or discretion of any person who has personally investigated, prosecuted or advocated in connection with that contested case, the specific controversy underlying that contested case, or a pending factually related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is a private party to that proceeding within the past two years;
e. Has a personal financial interest in the outcome of the case or any other significant personal interest that could be substantially affected by the outcome of the case;
f. Has a spouse or relative within the third degree of relationship that: (1) is a party to the case, or an officer, director or trustee of a party; (2) is a lawyer in the case; (3) is known to have an interest that could be substantially affected by the outcome of the case; or (4) is likely to be a material witness in the case; or
g. Has any other legally sufficient cause to withdraw from participation in the decision making in that case.
6.7(2) The term “personally investigated” means taking affirmative steps to interview witnesses directly or to obtain documents or other information directly. The term “personally investigated” does not include general direction and supervision of assigned investigators, unsolicited receipt of information which is relayed to assigned investigators, review of another person’s investigative work product in the course of determining whether there is probable cause to initiate a proceeding, or exposure to factual information while performing other agency functions, including fact gathering for purposes other than investigation of the matter which culminates in a contested case. Factual information relevant to the merits of a contested case received by a person who later serves as presiding officer in that case shall be disclosed if required by Iowa Code section 17A.17(3) and subrules 6.7(3) and 6.14(9).
6.7(3) In a situation where a presiding officer or other person knows of information which might reasonably be deemed to be a basis for disqualification and decides voluntary withdrawal is unnecessary, that person shall submit the relevant information for the record by affidavit and shall provide for the record a statement of the reasons for the determination that withdrawal is unnecessary.
6.7(4) If a party asserts disqualification on any appropriate ground, including those listed in subrule 6.7(1), the party shall file a motion supported by an affidavit pursuant to Iowa Code section 17A.11(3). The motion must be filed as soon as practicable after the reason alleged in the motion becomes known to the party.
If, during the course of the hearing, a party first becomes aware of evidence of bias or other grounds for disqualification, the party may move for disqualification but must establish the grounds by the introduction of evidence into the record.
If the presiding officer determines that disqualification is appropriate, the presiding officer or other person shall withdraw. If the presiding officer determines that withdrawal is not required, the presiding officer shall enter an order to that effect.
281—6.8(290) Subpoena of witnesses and costs.
6.8(1) The director, on behalf of the board, has the power to issue subpoenas for witnesses, to compel the attendance of those witnesses, and the giving of evidence by them, in the same manner and to the same extent as the district court may do. An agency subpoena shall be issued to a party on written request made at least ten days prior to the hearing. Parties are responsible for obtaining service of their own subpoenas.
6.8(2) Witnesses and serving officers may be allowed the same compensation as is paid for like attendance or service in district court. The witness’s fees and mileage are considered costs of the appeal under Iowa Code section 290.4; costs are assigned to the nonprevailing party. The witness’s fees and expenses for hearings brought under other statutes and rules are the responsibility of the party requesting or subpoenaing the witness.
6.8(3) Motion to quash or modify. The presiding officer may quash or modify a subpoena for any lawful reason upon motion in accordance with the Iowa Rules of Civil Procedure. A motion to quash or modify a subpoena shall be set for argument promptly.
6.8(4) Telephone proceedings. The presiding officer may resolve preliminary procedural motions by telephone conference in which all parties have an opportunity to participate. Other telephone proceedings may be held with the consent of all parties. The presiding officer will determine the location of the parties and witnesses for telephone hearings. The convenience of the witnesses or parties, as well as the nature of the case, will be considered when location is chosen.
281—6.9(17A) Discovery. Discovery procedures applicable to civil actions are available to all parties in contested cases before the department. Evidence obtained in discovery may be used in the hearing before the department if that evidence would otherwise be admissible in the hearing.
Any deviations from the time periods established for compliance with discovery in the Iowa Rules of Civil Procedure shall be determined by the administrative law judge upon opportunity for all parties to be heard.
281—6.10(17A) Consolidation—severance.
6.10(1) Consolidation. The administrative law judge may consolidate any or all matters at issue in two or more appeals where: (a) the matters at issue involve common parties or common questions of fact or law; (b) consolidation would expedite and simplify consideration of the issues involved; and (c) consolidation would not adversely affect the rights of any of the parties of those proceedings.
6.10(2) Severance. The administrative law judge may, for good cause shown, order any contested case proceedings or portions thereof severed.
281—6.11(17A) Waiver of procedures. Unless otherwise precluded by law, the parties in a contested case proceeding may waive any provision of this chapter. However, the agency in its discretion may refuse to give effect to such a waiver when it deems the waiver to be inconsistent with the public interest.
6.12(1) On stipulated record. Upon the written agreement of the parties, the transcript of the rec–ord and proceedings as certified by the proper official and any other documents mutually stipulated may become the evidentiary basis for the hearing on appeal. In the event that the hearing is to be conducted on the stipulated record, the following procedures shall be followed:
a. At the established time, the name and nature of the case are announced by the administrative law judge. Inquiries shall be made as to whether the respective parties or their representatives are present.
b. When it is determined that parties or their representatives are present, or that absent parties have been properly notified, the hearing may proceed. When any absent party has been properly notified, this fact shall be entered into the record. When notice to an absent party has been sent by certified mail, return requested, the return shall be placed in the record. If the notice was sent in another manner, sufficient details of the time and manner of notice shall be entered into the record. If it is not determined whether absent parties have been properly notified, the proceedings may be recessed at the discretion of the administrative law judge.
c. The appeal hearing on stipulated record is nonevidentiary in nature. No witnesses will be heard nor evidence received. The controversy will be decided on the basis of the stipulated record and the arguments presented on behalf of the respective parties. The parties shall be so reminded by the administrative law judge at the outset of the proceedings.
d. Illustrative materials such as charts and maps may be used to illustrate an argument, but may not be used as new evidence to prove a point in controversy.
e. Unless the administrative law judge determines otherwise, each party shall have one spokesperson.
f. The appellant shall present the first argument. The appellee shall follow with argument and rebuttal of the appellant’s argument. A third party who was a party in the initial proceeding but not either appellant or appellee may, at the discretion of the administrative law judge, be allowed to make remarks. The appellant may then rebut the proceeding arguments but may not introduce new arguments.
g. Appellant and appellee shall have equal time to present their arguments and appellant’s total time shall not be increased by the right of rebuttal. The time limit for argument shall be established by the administrative law judge and shall in most instances be limited to 30 minutes for each party.
h. At the conclusion of arguments, each party shall have the opportunity to submit written briefs or arguments, or additional written briefs if they have already done so. Any party submitting a written brief or argument must deliver a copy to all other parties, preferably in advance of the appeal hearing. In the event that all parties have not been furnished a copy of another party’s brief at least two days in advance of the appeal hearing, each party shall be afforded the opportunity to submit reply briefs within ten days of the conclusion of the appeal hearing. The opportunity to submit reply briefs may be waived by any party and shall be entered into the record.
i. The appeal hearing is then closed upon order of the administrative law judge.
6.12(2) Evidentiary hearing. When the parties do not agree to a stipulated record, the following procedure shall be followed:
a. The appellant may begin by giving an opening statement of a general nature which may include the basis for the appeal, the type and nature of the evidence the appellant proposes to introduce and the conclusions which the appellant believes the evidence will substantiate.
b. With the permission of the administrative law judge, a third party directly involved in the original proceeding but neither appellant nor appellee may make an opening statement of a general nature.
c. The appellee may present an opening statement of a general nature which may include the type and nature of evidence proposed to be introduced and the conclusions which the appellee believes the evidence will substantiate. The appellee may present an opening statement following the appellant’s opening statement, if any, or may reserve opening for immediately prior to its case–in–chief.
d. The appellant may then call witnesses and present other evidence.
e. Each witness shall be administered an oath by the administrative law judge. The oath shall be in the following form: “Do you solemnly swear or affirm that the testimony or evidence which you are about to give in the proceeding now in hearing shall be the truth, the whole truth, and nothing but the truth?”
f. The appellee may cross–examine all witnesses and may examine and question all other evidence.
g. Upon conclusion of the presentation of evidence by the appellant, the appellee may call witnesses and present other evidence. The appellant may cross–examine all witnesses and may examine and question all other evidence.
h. The hearing panel members may address questions to each witness at the conclusion of questioning by the appellant and the appellee.
i. At the discretion of the administrative law judge, either party may be permitted to present rebuttal witnesses and additional evidence of matters previously placed in evidence. No new matters of evidence may be raised during this period of rebuttal.
j. The appellant shall make a final argument for a length of time established by the administrative law judge, in which the appellant may review the evidence presented, the conclusions which the appellant believes most logically follow from the evidence and a recommendation of action to the hearing panel.
k. The appellee may make a final argument for a period of time equal to that granted to the appellant in which the appellee may review the evidence presented, the conclusions which the appellee believes most logically follow from the evidence and a recommendation of action to the hearing panel.
l. At the discretion of the administrative law judge, a third party directly involved in the original proceeding but neither the appellant nor appellee may make a final argument.
m. At the discretion of the administrative law judge, either side may be given an opportunity to rebut the other’s final argument. No new arguments may be raised during rebuttal.
n. Any party may submit written briefs. Written briefs by nonparties may be accepted at the discretion of the administrative law judge. Any party submitting a written brief or argument shall deliver a copy to all other parties, preferably in advance of the appeal hearing. In the event that all parties have not been furnished a copy of another party’s brief or argument at least two days in advance of the appeal hearing, each party shall be afforded the opportunity to submit reply briefs within ten days of the conclusion of the appeal hearing. The opportunity to submit reply briefs may be waived by a party and the waiver shall be entered into the record.
o. Rules of evidence.
(1) Because the administrative law judge must decide each case correctly as to the parties before the panel and the administrative law judge must also decide what is in the public’s best interest, it is necessary to allow for the reception of all relevant evidence which will contribute to an informed result. The ultimate test of admissibility is whether the offered evidence is reliable, probative, and relevant.
(2) Irrelevant, immaterial, or unduly repetitious evidence should be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. The hearing panel shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be required to be submitted in verified written form.
(3) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original, if available.
(4) Witnesses at the hearing, or persons whose testimony has been submitted in written form, if available, shall be subject to cross–examination by any party as necessary for a full and true disclosure of the facts.
(5) Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the hearing panel. Parties shall be notified at the earliest practicable time, either before or during the hearing, or by reference in preliminary reports, and shall be afforded an opportunity to contest such facts before the decision is announced.
(6) The hearing panel’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
(7) No decision shall be made except upon consideration of the whole record or portions that may be cited by any party and as supported by and in accordance with the reliable, probative and substantial evidence.
6.12(3) Telephone hearings. Upon agreement of the parties, a hearing may take place by telephone conference call.
281—6.14(17A) Ex parte communication.
6.14(1) Prohibited communications. Unless required for the disposition of ex parte matters specifically authorized by statute, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the presiding officer and any party or representative of any party or any other person with a direct or indirect interest in such case in connection with any issue of fact or law in the case except upon notice and opportunity for all parties to participate. This does not prohibit persons jointly assigned such tasks from communicating with each other. Nothing in this provision is intended to preclude the presiding officer from communicating with members of the agency or seeking the advice or help of persons other than those with a personal interest in, or those engaged in personally investigating as defined in subrule 6.7(2), prosecuting, or advocating in, either the case under consideration or a pending factually related case involving the same parties as long as those persons do not directly or indirectly communicate to the presiding officer any ex parte communications they have received of a type that the presiding officer would be prohibited from receiving or that furnish, augment, diminish, or modify the evidence in the record.
6.14(2) Prohibitions on ex parte communications commence with the issuance of the notice of hearing in a contested case and continue for as long as the case is pending.
6.14(3) Written, oral or other forms of communication are “ex parte” if made without notice and opportunity for all parties to participate.
6.14(4) To avoid prohibited ex parte communications notice must be given in a manner reasonably calculated to give all parties a fair opportunity to participate. Where permitted, oral communications may be initiated through conference telephone call including all parties or their representatives.
6.14(5) Persons who jointly act as presiding officer in a pending contested case may communicate with each other without notice or opportunity for parties to participate.
6.14(6) The executive director or other persons may be present in deliberations or otherwise advise the presiding officer without notice or opportunity for parties to participate as long as they are not disqualified from participating in the making of a proposed or final decision under any provision of law and they comply with subrule 6.14(1).
6.14(7) Communications with the presiding officer involving uncontested scheduling or procedural matters do not require notice or opportunity for parties to participate. Parties should notify other parties prior to initiating such contact with the presiding officer when feasible, and shall notify other parties when seeking to continue hearings or other deadlines pursuant to rule 6.4(17A).
6.14(8) Disclosure of prohibited communications. A presiding officer who receives a prohibited ex parte communication during the pendency of a contested case must initially determine if the effect of the communication is so prejudicial that the presiding officer should be disqualified. If the presiding officer determines that disqualification is warranted, a copy of any prohibited written communication, all written responses to the communication, a written summary stating the substance of any prohibited oral or other communication not available in written form for disclosure, all responses made, and the identity of each person from whom the presiding officer received a prohibited ex parte communication shall be submitted for inclusion in the record under seal by protective order or disclosed. If the presiding officer determines that disqualification is not warranted, such documents shall be submitted for inclusion in the record and served on all parties. Any party desiring to rebut the prohibited communication must be allowed the opportunity to do so upon written request filed within ten days after notice of the communication.
6.14(9) Promptly after being assigned to serve as presiding officer at any stage in a contested case proceeding, a presiding officer shall disclose to all parties material factual information received through ex parte communication prior to such assignment unless the factual information has already been or shortly will be disclosed pursuant to Iowa Code section 17A.13(2) or through discovery. Factual information contained in an investigative report or similar document need not be separately disclosed by the presiding officer as long as such documents have been or will shortly be provided to the parties.
6.14(10) The presiding officer may render a proposed or final decision imposing appropriate sanctions for violations of this rule including default, a decision against the offending party, censure, or suspension or revocation of the privilege to practice before the agency. Violation of ex parte communication prohibitions by agency personnel shall be reported to the legal consultant for the department of education for possible sanctions including censure, suspension, dismissal, or other disciplinary action.
6.15(1) Upon the request of any party, oral proceedings in whole or in part shall be either transcribed, if recorded by certified shorthand reporters, or copied if recorded by mechanical means, with the expense for the transcription of copies charged to the requesting party.
6.15(2) All recordings, stenographic notes or transcriptions of oral proceedings shall be maintained and preserved by the department for at least five years from the date of a decision.
6.15(3) The record of a hearing under these rules shall include:
a. All pleadings, motions and intermediate rulings.
b. All evidence received or considered and all other submissions.
c. A statement of matters officially noticed.
d. All questions and offers of proof, objections, and rulings thereon.
e. All proposed findings of fact and conclusions of law.
f. Any decision, opinion or report by the administrative law judge presented at the hearing.
281—6.16(17A) Recording costs. Upon request, the department of education shall provide a copy of the whole or any portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party.
Parties who request that a hearing be recorded by certified shorthand reporters rather than by electronic means shall bear the cost of that recordation, unless otherwise provided by law.
281—6.17(290,17A) Decision and review.
6.17(1) The presiding officer, after due consideration of the record and the arguments presented, and with the advice and counsel of the staff members, shall make a decision on the appeal. The proposed decision shall be mailed to the parties or their representatives by regular mail.
6.17(2) The decision shall be based on the laws of the United States, the state of Iowa and the regulations and policies of the department of education and shall be in the best interest of education.
6.17(3) The decision of the presiding officer shall be placed on the agenda of the next regular board meeting for review of the record and decision unless the decision is within the province of the director to make.
6.17(4) Any adversely affected party may appeal a proposed decision to the state board within 20 days after issuance of the proposed decision.
6.17(5) An appeal of a proposed decision is initiated by filing a timely notice of appeal with the office of the director. The notice of appeal must be signed by the appealing party or a representative of that party and contain a certificate of service. The notice shall specify:
a. The names and addresses of the parties initiating the appeal;
b. The proposed decision to be appealed;
c. The specific findings or conclusions to which exception is taken and any other exceptions to the decision;
d. The relief sought; and
e. The grounds for relief.
6.17(6) Appeal procedures.
a. Unless otherwise ordered, within 15 days of a party’s filing of the notice of appeal, each appealing party may file exceptions and briefs. Within 10 days after the filing of exceptions and briefs by the appealing party, any party may file a responsive brief;
b. Briefs shall cite any applicable legal authority and specify relevant portions of the record in the proceeding below;
c. Briefs shall be limited to a maximum length of 25 pages; and
d. An opportunity for oral arguments may be given with the consent of the board. Written requests to present oral arguments shall be filed with the briefs.
6.17(7) The board may affirm, modify, or vacate the decision, or may direct a rehearing before the director or the director’s designee.
6.17(8) Copies of the final decision shall be sent to the parties or their representatives by regular mail within five days after state board action, if required, on the proposed decision.
6.17(9) No individual who participates in the making of any decision shall have advocated in connection with the hearing, the specific controversy underlying the case, or other pending factually related matters. Nor shall any individual who participates in the making of any proposed decision be subject to the authority, direction, or discretion of any person who has advocated in connection with the hearing, the specific controversy underlying the hearing, or a pending related matter involving the same parties.
6.17(10) Rescinded IAB 8/21/02, effective 9/25/02.
281—6.18(290) Finality of decision. The decision is final upon board approval of the presiding officer’s decision.
6.19(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party.
6.19(2) Where appropriate and not contrary to law, any party may move for default against a party who has requested the contested case proceeding and has failed to file a required pleading or has failed to appear after proper service.
6.19(3) Default decisions or decisions rendered on the merits after a party has failed to appear or participate in a contested case proceeding become final agency action unless, within 15 days after the date of notification or mailing of the decision, a motion to vacate is filed and served on all parties or an appeal of a decision on the merits is timely initiated within the time provided. A motion to vacate must state all facts relied upon by the moving party which establish that good cause existed for that party’s failure to appear or participate at the contested case proceeding. Each fact so stated must be substantiated by at least one sworn affidavit of a person with personal knowledge of each such fact, which affidavit(s) must be attached to the motion.
6.19(4) The time for further appeal of a decision for which a timely motion to vacate has been filed is stayed pending a decision on the motion to vacate.
6.19(5) Properly substantiated and timely filed motions to vacate shall be granted only for good cause shown. The burden of proof as to good cause is on the moving party. Adverse parties shall have ten days to respond to a motion to vacate. Adverse parties shall be allowed to conduct discovery as to the issue of good cause and to present evidence on the issue prior to a decision on the motion, if a request to do so is included in that party’s response.
6.19(6) “Good cause” for purposes of this rule shall have the same meaning as “good cause” for setting aside a default judgment under Iowa Rule of Civil Procedure 1.977.
6.19(7) A decision denying a motion to vacate is subject to further appeal within the time limit allowed for further appeal of a decision on the merits in the contested case proceeding.
6.19(8) If a motion to vacate is granted and no timely interlocutory appeal has been taken, the presiding officer shall issue another notice of hearing and the contested case shall proceed accordingly.
6.19(9) A default decision may award any relief consistent with the request for relief made in the petition and embraced in its issues but, unless the defaulting party has appeared, it cannot exceed the relief demanded.
6.19(10) A default decision may provide either that the default decision is to be stayed pending a timely motion to vacate or that the default decision is to take effect immediately.
281—6.20(17A) Application for rehearing of final decision. Any party may file an application for rehearing with the presiding officer stating the specific grounds therefor, and the relief sought, within 20 days after the issuance of any final decision by the board. A copy of the application shall be timely mailed by the department to all parties of record not joining therein. Such application for rehearing shall be deemed to have been denied unless the board or the presiding officer grants the application within 20 days of the filing. A rehearing shall not be granted unless it is necessary to correct a mistake of law or fact, or for other good cause.
6.21(1) In the event a rehearing is granted, the presiding officer, in arriving at a subsequent decision, may either review the record and arguments or may proceed with either a full or partial hearing under the appeal hearing provisions of this chapter.
6.21(2) Following the rehearing, the presiding officer shall place the proposed decision on the agenda of the next regular board meeting for review of the record and decision as provided for in 6.17(290,17A).
281—6.22(17A) Emergency adjudicative proceedings.
6.22(1) Necessary emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare and, consistent with the Constitution and other provisions of law, the department may issue a written order in compliance with Iowa Code section 17A.18 to suspend a license in whole or in part, order the cessation of any continuing activity, order affirmative action, or take other action within the jurisdiction of the department by emergency adjudicative order. Before issuing an emergency adjudicative order the department shall consider factors including, but not limited to, the following:
a. Whether there has been a sufficient factual investigation to ensure that the department is proceeding on the basis of reliable information;
b. Whether the specific circumstances which pose immediate danger to the public health, safety or welfare have been identified and determined to be continuing;
c. Whether the person required to comply with the emergency adjudicative order may continue to engage in other activities without posing immediate danger to the public health, safety or welfare;
d. Whether imposition of monitoring requirements or other interim safeguards would be sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated by the department is necessary to avoid the immediate danger.
6.22(2) Issuance of order.
a. An emergency adjudicative order shall contain findings of fact, conclusions of law, and policy reasons to justify the determination of an immediate danger in the department’s decision to take immediate action.
b. The written emergency adjudicative order shall be immediately delivered to persons who are required to comply with the order by utilizing one or more of the following procedures:
(1) Personal delivery;
(2) Certified mail, return receipt requested, to the last address on file with the department;
(3) Certified mail to the last address on file with the department;
(4) First–class mail to the last address on file with the department; or
(5) Fax. Fax may be used as the sole method of delivery if the person required to comply with the order has filed a written request that department orders be sent by fax and has provided a fax number for that purpose.
c. To the degree practicable, the department shall select the procedure for providing written notice that best ensures prompt, reliable delivery.
6.22(3) Oral notice. Unless the written emergency adjudicative order is provided by personal delivery on the same day that the order issues, the department shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.
6.22(4) Completion of proceedings. After the issuance of an emergency adjudicative order, the department shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.
Issuance of a written emergency adjudicative order shall include notification of the date on which departmental proceedings are scheduled for completion. After issuance of an emergency adjudicative order, continuance of further agency proceedings to a later date will be granted only in compelling circumstances upon application in writing.
These rules are intended to implement Iowa Code sections 256.7(6), 275.16, 282.18, 282.18(5), 282.32, 285.12, and Iowa Code chapter 290 and chapter 17A as amended by 1998 Iowa Acts, chapter 1202.
[Filed 7/1/75]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed emergency 6/18/91—published 7/10/91, effective 6/18/91]
[Filed 3/11/94, Notice 2/2/94—published 3/30/94, effective 5/4/94]
[Filed 11/2/94, Notice 8/31/94—published 11/23/94, effective 12/28/94]
[Filed 11/19/98, Notice 10/7/98—published 12/16/98, effective 1/20/99]
[Filed 4/13/99, Notice 3/10/99—published 5/5/99, effective 6/9/99]
[Filed emergency 3/17/00—published 4/5/00, effective 3/17/00]
[Filed 5/12/00, Notice 4/5/00—published 5/31/00, effective 7/5/00]
[Filed 8/2/02, Notice 6/26/02—published 8/21/02, effective 9/25/02]
281—7.1(256,17A) Purpose. The department provides competitive grant funding to a variety of entities throughout the state for support of educational programs. To ensure equal access and objective evaluation of applicants for these funds, grant application materials shall contain, at minimum, specific content. Competitive program grant application packets shall be developed by the department in accordance with these rules unless prohibited by or in conflict with appropriation language, the Iowa Code, the Iowa Administrative Code, federal regulations or interagency agreements between the department and other state agencies.
281—7.2(256,17A) Definitions. For the purpose of these rules, the following definitions shall apply:
“Competitive program grant” means the collective activities of a competitive grant funded through the department.
“Department” means the Iowa department of education.
“Program period” means the period of time which the department intends to support the program without requiring the recompetition for funds. The program period is specified within the grant application.
“Service delivery area” means the defined geographic area for delivery of program services.
281—7.3(256,17A) Requirements. The following shall be included in all competitive program grant application materials made available by the department:
1. Funding source.
2. Program period.
3. Description of eligible applicants.
4. Services to be delivered.
5. Service delivery area.
6. Target population to be served (if applicable).
7. Funding purpose.
8. Funding restrictions.
9. Funding formula (if any).
10. Matching requirement (if any).
11. Reporting requirements.
12. Performance criteria.
13. Need for letters of support or other materials (if applicable).
14. Application due date.
15. Anticipated date of awarding grant.
16. Required components of submitted grant applications.
17. An explanation of the review process and the review criteria to be used by application evaluators, including the number of points allocated per required component.
18. Appeal process in the event an application is denied.
281—7.4(256,17A) Review process. The review process to be followed in determining the amount of funds to be approved for any competitive program grant shall be described in the application. The review criteria and point allocation for each criterion shall also be described in the grant application material.
The competitive program grant review committee shall be determined by the appropriate division administrator. The review committee members shall allocate points per review criterion when conducting the review.
In the event competitive program grant applications receive an equal number of points that necessitates a further determination of whether an applicant is to receive a grant, a second review shall be conducted by the division administrator or the division administrator’s designee.
281—7.5(290,17A) Appeal of grant denial or termination. Any applicant may appeal the denial of a properly submitted competitive program grant application or the unilateral termination of a competitive program grant to the director of the department. Appeals must be in writing and received within ten working days of the date of the notice of decision and must be based on a contention that the process was conducted outside of statutory authority; violated state or federal law, policy, or rule; did not provide adequate public notice; was altered without adequate public notice; or involved conflict of interest by staff or committee members. The hearing and appeal procedures found in 281—Chapter 6 that govern director’s decisions shall be applicable to any appeal of denial or termination.
In the notice of appeal, the grantee shall give a short and plain statement of the reasons for the appeal.
The director shall issue a decision within a reasonable time, not to exceed 60 days from the date of the hearing.
These rules are intended to implement Iowa Code section 256.9(7).
[Filed emergency 11/25/96—published 12/18/96, effective 11/25/96]
[Filed 2/13/97, Notice 12/18/96—published 3/12/97, effective 4/16/97]
CHAPTER 8
ICN Subsidization Reimbursement Procedures
Rescinded IAB 12/16/98, effective 1/20/99
CHAPTERS 9 and 10
Reserved
TITLE II
ACCREDITED SCHOOLS AND SCHOOL DISTRICTS
chapter 11
unsafe school choice option
281—11.1(PL107–110) Purpose. Under the federal No Child Left Behind Act of 2001, Section 9532, each state receiving federal funds is required to establish and implement a statewide policy requiring that a student attending a persistently dangerous public elementary school or secondary school or who becomes a victim of a violent criminal offense while in or on the grounds of a public elementary or secondary school that the student attends be allowed to attend a safe school within the district.
281—11.2(PL107–110) Definitions. For purposes of this chapter, the following definitions apply:
“Department” means the Iowa department of education.
“Forcible felony” means any crime defined in Iowa Code section 702.11. This includes felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree. Forcible felonies are not willful injury in violation of Iowa Code section 708.4, subsection 2; sexual abuse in the third degree committed between spouses; sexual abuse in violation of Iowa Code section 709.4, subsection 2, paragraph “c,” subparagraph (4); or sexual exploitation by a counselor or therapist in violation of Iowa Code section 709.15.
“School” means an attendance center within a school district.
“School district” means a public school district in Iowa.
“School year” means from July 1 until June 30 of the following year.
281—11.3(PL107–110) Whole school option. Any student attending a persistently dangerous school as defined in this rule is eligible to transfer to a different school within the district. Transportation for students electing to transfer shall be provided according to the district’s transportation policy. The transfers may be temporary or permanent, but must be in effect as long as the student’s original school is identified as persistently dangerous.
In making the determination of whether a transfer should be temporary or permanent, the district shall consider the educational needs of the student, as well as other factors affecting the student’s ability to succeed in the student’s new school environment. The district is encouraged, but not required, to explore other appropriate options such as an agreement with a contiguous school district to accept students if there is no safe school within the transferring district.
11.3(1) A persistently dangerous school is one that meets the following criteria for three consecutive school years:
a. The school has violence–related, long–term suspensions or expulsions for more than 1 percent of the student population. Long–term suspensions or expulsions are more than ten days in length and require the action of the local school board. For purposes of this subrule, a violence–related, long–term suspension or expulsion occurs as a result of physical injury or the threat of physical injury to a student while the student is in the school building or on the grounds of the attendance center during the hours of the regular school day or while the student is in attendance at school–sponsored activities that occur during the hours before or after the regular school day under one of the following:
(1) A forcible felony as defined in rule 281—11.2(PL107–110);
(2) Offenses, excluding simple misdemeanors, involving physical assault under Iowa Code chapter 708;
(3) Offenses, excluding simple misdemeanors, involving sexual assault under Iowa Code chapter 709;
(4) Extortion under Iowa Code section 711.4;
(5) Use of incendiary or explosive devices such as bombs under Iowa Code section 712.5;
(6) Criminal gang activity under Iowa Code chapter 723A;
(7) Carrying or using a weapon under Iowa Code sections 724.3 and 724.4.
b. The school has two or more students expelled for violating the federal gun–free school laws.
c. The school has 1 percent of the enrolled student population or five students, whichever is greater, who exercised the individual student option defined in rule 281—11.4(PL107–110).
11.3(2) For the school year starting July 1, 2003, and in the years thereafter, a school identified as meeting the criteria in 11.3(1)“a” through “c” for one year shall be given a warning by the department. The school shall review the school’s safety plan and prevention activities.
For the school year starting July 1, 2004, and in the years thereafter, a school identified as meeting the criteria in 11.3(1)“a” through “c” for two consecutive years shall develop and implement a remedial plan. The plan shall include schoolwide efforts to support positive student behavior and improve student discipline. The department shall conduct a site visit to the school.
For the school year starting July 1, 2005, and in the years thereafter, a school identified as meeting the criteria in 11.3(1)“a” through “c” for three consecutive years is eligible to be designated as a persistently dangerous school by the department. Prior to the department’s assigning the designation, the district may submit information to the department including:
a. The school’s safety plan;
b. Local efforts to address the school’s safety concerns;
c. The school safety data reported to the state consistent with requirements of the federal Safe and Drug–Free Schools and Communities Program;
d. More current data that the school may have available but has not yet reported; and
e. Any other information deemed relevant.
Within 30 days of receipt and review of the information, the department may determine that the school demonstrates improvement and may delay the designation for one year. By July 31, the department may, upon review of information that demonstrates improvement, delay the designation for one year. The department shall determine whether the district has made sufficient progress to warrant further consideration as a persistently dangerous school.
Upon designation, the district shall adopt a corrective action plan, which shall be approved by the department. The department shall monitor the district’s timely completion of the approved plan. The department shall annually assess the school using the criteria listed in 11.3(1)“a” through “c” by July 31 to determine whether the school shall remain identified as a persistently dangerous school for the following school year.
At minimum, a district that has one or more schools identified as persistently dangerous shall, within 14 days of the designation, notify parents of each student attending the school that the school has been identified by the department as persistently dangerous. The district must offer students the opportunity to transfer to a safe public school within the district; and for those students who accept the offer, the district shall complete the transfer. A district may deny the transfer if space at the requested school is unavailable. A district shall offer the parent other available options within the district, when available.
281—11.4(PL107–110) Individual student option. Any student who becomes a victim of a violent criminal offense shall, to the extent feasible, be permitted to transfer to another school within the district. For purposes of this rule, a victim of a violent criminal offense is a student who is physically injured or threatened with physical injury as a result of the commission of one or more of the following crimes against the student while the student is in the school building or on the grounds of the attendance center.
1. A forcible felony as define in rule 281—11.2(PL107–110);
2. Offenses, excluding simple misdemeanors, involving physical assault under Iowa Code chapter 708;
3. Offenses, excluding simple misdemeanors, involving sexual assault under Iowa Code chapter 709;
4. Extortion under Iowa Code section 711.4.
Within ten calendar days following the date of the request, a local school district shall offer an opportunity to transfer to the parent/guardian of a student who meets the definition of a victim of a violent crime.
281—11.5(PL107–110) District reporting. For purposes of federal compliance, districts shall report data and requested information related to this chapter in a manner prescribed by the department.
These rules are intended to implement Public Law 107–110, 115 Stat. 1425.
[Filed 3/14/03, Notice 12/11/02—published 4/2/03, effective 5/7/03]
[Filed 8/11/05, Notice 4/13/05—published 8/31/05, effective 10/5/05]
chapter 12
GENERAL ACCREDITATION STANDARDS
[Prior to 9/7/88, see Public
Instruction Department[670] Ch 4]
Preamble
The goal for the early childhood through twelfth grade educational system in Iowa is to improve the learning, achievement, and performance of all students so they become successful members of a community and workforce. It is expected that each school and school district shall continue to improve its educational system so that more students will increase their learning, achievement, and performance.
Accreditation focuses on an ongoing school improvement process for schools and school districts. However, general accreditation standards are the minimum requirements that must be met by an Iowa public school district to be accredited. A public school district that does not maintain accreditation shall be merged, by the state board of education, with one or more contiguous school districts as required by Iowa Code subsection 256.11(12). A nonpublic school must meet the general accreditation standards if it wishes to be designated as accredited for operation in Iowa.
General accreditation standards are intended to fulfill the state’s responsibility for making available an appropriate educational program that has high expectations for all students in Iowa. The accreditation standards ensure that each child has access to an educational program that meets the needs and abilities of the child regardless of race, color, national origin, gender, disability, religion, creed, marital status, geographic location, sexual orientation, gender identity, or socioeconomic status.
With local community input, school districts and accredited nonpublic schools shall incorporate accountability for student achievement into comprehensive school improvement plans designed to increase the learning, achievement, and performance of all students. As applicable, and to the extent possible, comprehensive school improvement plans shall consolidate federal and state program goal setting, planning, and reporting requirements. Provisions for multicultural and gender fair education, technology integration, global education, gifted and talented students, at–risk students, students with disabilities, and the professional development of all staff shall be incorporated, as applicable, into the comprehensive school improvement plan. See subrules 12.5(8) to 12.5(13), 12.7(1), and 12.8(1).
DIVISION I
GENERAL STANDARDS
281—12.1(256) General standards.
12.1(1) Schools and school districts governed by general accreditation standards. These standards govern the accreditation of all prekindergarten, if offered, or kindergarten through grade 12 school districts operated by public school corporations and the accreditation, if requested, of prekindergarten or kindergarten through grade 12 schools operated under nonpublic auspices. Each school district shall take affirmative steps to integrate students in attendance centers and courses. Schools and school districts shall collect and annually review district, attendance center, and course enrollment data on the basis of race, national origin, gender, and disability. Equal opportunity in programs shall be provided to all students regardless of race, color, national origin, gender, sexual orientation as defined in Iowa Code section 216.2 as amended by 2007 Iowa Acts, Senate File 427, section 1, gender identity as defined in Iowa Code section 216.2 as amended by 2007 Iowa Acts, Senate File 427, section 1, socioeconomic status, disability, religion, or creed. Nothing in this rule shall be construed as prohibiting any bona fide religious institution from imposing qualifications based upon religion when such qualifications are related to a bona fide religious purpose.
12.1(2) School board. Each school or school district shall be governed by an identifiable authority which shall exercise the functions necessary for the effective operation of the school and referred to in these rules as the “board.”
12.1(3) Application for accreditation. The board of any school or school district that is not accredited on the effective date of these standards and which seeks accreditation shall file an application with the director, department of education, on or before the first day of January of the school year preceding the school year for which accreditation is sought.
12.1(4) Accredited schools and school districts. Each school or school district receiving accreditation under the provisions of these standards shall remain accredited except when by action of the state board of education it is removed from the list of accredited schools maintained by the department of education in accordance with Iowa Code subsections 256.11(11) and 256.11(12).
12.1(5) When nonaccredited. A school district shall be nonaccredited on the day after the date it is removed from the list of accredited schools by action of the state board of education. A nonpublic school shall be nonaccredited on the date established by the resolution of the state board, which shall be no later than the end of the school year in which the nonpublic school is declared to be nonaccredited.
12.1(6) Alternative provisions for accreditation. School districts may meet accreditation requirements through the provisions of Iowa Code sections 256.13, nonresident students; 273.7A, services to school districts; 279.20, superintendent—term; 280.15, joint employment and sharing; 282.7, attending in another corporation—payment; and 282.10, whole grade sharing. Nonpublic schools may meet accreditation requirements through the provisions of Iowa Code section 256.12.
12.1(7) Minimum school calendar and day of instruction. Each board shall adopt a school calendar that identifies specific days for student instruction, staff development and in–service time, and time for parent–teacher conferences. The length of the school calendar does not dictate the length of contract or days of employment for instructional and noninstructional staff. The school calendar may be operated anytime during the school year of July 1 to June 30 as defined by Iowa Code section 279.10. A minimum of 180 days of the school calendar, for school districts beginning no sooner than a day during the calendar week in which the first day of September falls, shall be used for student instruction. However, if the first day of September falls on a Sunday, school may begin any day during the calendar week preceding September 1. These 180 days shall meet the requirements of “day of school” in subrule 12.1(8), “minimum school day” in subrule 12.1(9), and “day of attendance” in subrule 12.1(10). (Exception: A school or school district may, by board policy, excuse graduating seniors up to five days of instruction after school or school district requirements for graduation have been met.) If additional days are added to the regular school calendar because of inclement weather, a graduating senior who has met the school district’s requirements for graduation may be excused from attendance during the extended school calendar. A school or school district may begin its school calendar earlier for other educational purposes involving instructional and noninstructional staff.
12.1(8) Day of school. A day of school is a day during which the school or school district is in session and students are under the guidance and instruction of the instructional professional staff. School shall be considered in session during parent–teacher conferences as well as during activities such as field trips if students are engaged in programs or activities under the guidance and direction of the instructional professional staff. All grade levels of the school or school district must be operated and available for attendance by all students. An exception is if either the elementary or secondary grades are closed and provided that this time missed is made up at some other point during the school calendar so as to meet the minimum of 180 days of instruction for all grades 1 through 12. If a classroom or attendance center is closed for emergency health or safety reasons but the remainder of the school or school district is in operation, the day may be counted as a day of school.
12.1(9) Minimum school day. A school day shall consist of a minimum of 5½ hours of instructional time for all grades 1 through 12. The minimum hours shall be exclusive of the lunch period. Passing time between classes as well as time spent on parent–teacher conferences may be counted as part of the 5½–hour requirement. The school or school district may record a day of school with less than the minimum instructional hours if emergency health or safety factors require the late arrival or early dismissal of students on a specific day; or if the total hours of instructional time for all grades 1 through 12 in any five consecutive school days equal a minimum of 27½ hours, even though any one day of school is less than the minimum instructional hours because staff development is provided for the instructional professional staff or because parent–teacher conferences have been scheduled beyond the regular school day.
Furthermore, if the total hours of instructional time for the first four consecutive days equal at least 27½ hours because parent–teacher conferences are held beyond the regular school day, a school or school district may record zero hours of instructional time on the fifth consecutive school day as a minimum school day.
12.1(10) Day of attendance. A day of attendance shall be a day during which students were present and under the guidance and instruction of the instructional professional staff. When staff development designated by the board occurs outside of the time required for a “minimum school day,” students shall be counted in attendance. (Note exceptions in subrules 12.1(8) and 12.1(9).)
12.1(11) Kindergarten. The number of instructional days within the school calendar and the length of the school day for kindergarten shall be defined by the board. This subrule applies to an accredited nonpublic school only if it offers kindergarten.
DIVISION II
DEFINITIONS
281—12.2(256) Definitions. For purposes of these rules, the following definitions shall apply:
“Alternative options education programs” means alternative programs or schools as identified in Iowa Code section 280.19A.
“Alternative program” means a class or environment established within the regular educational program and designed to accommodate specific student educational needs such as, but not limited to, work–related training; reading, mathematics or science skills; communication skills; social skills; physical skills; employability skills; study skills; or life skills.
“Alternative school” means an environment established apart from the regular educational program and that includes policies and rules, staff, and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district or by the school districts participating in a consortium. Students attend by choice.
“Annual improvement goals” means the desired one–year rate of improvement for students. Data from multiple measures may be used to determine the rate of improvement.
“At–risk student” means any identified student who needs additional support and who is not meeting or not expected to meet the established goals of the educational program (academic, personal/social, career/vocational). At–risk students include but are not limited to students in the following groups: homeless children and youth, dropouts, returning dropouts, and potential dropouts.
“Baseline data” means information gathered at a selected point in time and used thereafter as a basis from which to monitor change.
“Benchmarks” means specific knowledge and skills anchored to content standards that a student needs to accomplish by a specific grade or grade span.
“Board” means the board of directors in charge of a public school district or the authorities in charge of an accredited nonpublic school.
“Comprehensive school improvement plan” means a design that shall describe how the school or school district will increase student learning, achievement, and performance. This ongoing improvement design may address more than student learning, achievement, and performance.
“Content standards” means broad statements about what students are expected to know and be able to do.
“Curriculum” means a plan that outlines what students shall be taught. Curriculum refers to all the courses offered, or all the courses offered in a particular area of study.
“Department” means the department of education.
“Districtwide” means all attendance centers within a school district or accredited nonpublic school.
“Districtwide assessments” means large–scale achievement or performance measures. At least one districtwide assessment shall allow for the following: the comparison of the same group of students over time as they progress through the grades or the cross–sectional comparison of students at the same grades over multiple years.
“Districtwide progress” means the quantifiable change in school or school district student achievement and performance.
“Dropout” means a school–age student who is served by a public school district and enrolled in any of grades seven through twelve and who does not attend school or withdraws from school for a reason other than death or transfer to another approved school or school district or has been expelled with no option to return.
“Educational program.” The educational program adopted by the board is the entire offering of the school, including out–of–class activities and the sequence of curriculum areas and activities. The educational program shall provide articulated, developmental learning experiences from the date of student entrance until high school graduation.
“Enrolled student” means a person that has officially registered with the school or school district and is taking part in the educational program.
“Incorporate” means integrating career education, multicultural and gender fair education, technology education, global education, higher–order thinking skills, learning skills, and communication skills into the total educational program.
“Indicators” provide information about the general status, quality, or performance of an educational system.
“Library program” means an articulated sequential kindergarten through grade 12 library or media program that enhances student achievement and is integral to the school district’s curricula and instructional program. The library program is planned and implemented by a qualified teacher librarian working collaboratively with the district’s administration and instructional staff. The library program services provided to students and staff shall include the following:
1. Support of the overall school curricula;
2. Collaborative planning and teaching;
3. Promotion of reading and literacy;
4. Information literacy instruction;
5. Access to a diverse and appropriate school library collection; and
6. Learning enhancement through technologies.
“Long–range goals” means desired targets to be reached over an extended period of time.
“Multiple assessment measures,” for reporting to the local community or the state, means more than one valid and reliable instrument that quantifies districtwide student learning, including specific grade–level data.
“Performance levels.” The federal Elementary and Secondary Education Act (ESEA) requires that at least three levels of performance be established to assist in determining which students have or have not achieved a satisfactory or proficient level of performance. At least two of those three levels shall describe what all students ought to know or be able to do if their achievement or performance is deemed proficient or advanced. The third level shall describe students who are not yet performing at the proficient level. A school or school district may establish more than three performance levels that include all students for districtwide or other assessments.
“Potential dropouts” means resident pupils who are enrolled in a public or nonpublic school who demonstrate poor school adjustment as indicated by two or more of the following:
1. High rate of absenteeism, truancy, or frequent tardiness.
2. Limited or no extracurricular participation or lack of identification with school including, but not limited to, expressed feelings of not belonging.
3. Poor grades including, but not limited to, failing in one or more school subjects or grade levels.
4. Low achievement scores in reading or mathematics which reflect achievement at two years or more below grade level.
“Prekindergarten program” includes a school district’s implementation of the preschool program established pursuant to 2007 Iowa Acts, House File 877, section 2, and is otherwise described herein in subrule 12.5(1).
“Proficient,” as it relates to content standards, characterizes student performance at a level that is acceptable by the school or school district.
“Returning dropouts” means resident pupils who have been enrolled in a public or nonpublic school in any of grades seven through twelve who withdrew from school for a reason other than transfer to another school or school district and who subsequently enrolled in a public school in the district.
“School” means an accredited nonpublic school.
“School counseling program” means an articulated sequential kindergarten through grade 12 program that is comprehensive in scope, preventive in design, developmental in nature, driven by data, and integral to the school district’s curricula and instructional program. The program is implemented by at least one school counselor, appropriately licensed by the board of educational examiners, who works collaboratively with the district’s administration and instructional staff. The program standards are described in subrule 12.3(11). The program’s delivery system components shall include the following:
1. School guidance curriculum;
2. Support of the overall school curriculum;
3. Individual student planning;
4. Responsive services; and
5. System support.
“School district” means a public school district.
“School improvement advisory committee” means a committee, as defined in Iowa Code section 280.12, that is appointed by the board. Committee membership shall include students, parents, teachers, administrators, and representatives from the local community which may include business, industry, labor, community agencies, higher education, or other community constituents. To the extent possible, committee membership shall have balanced representation of the following: race, gender, national origin, and disability. The school improvement advisory committee as defined by Iowa Code section 280.12 and the board are also part of, but not inclusive of, the local community.
“Student learning goals” means general statements of expectations for all graduates.
“Students with disabilities” means students who have individualized education programs regardless of the disability.
“Subgroups” means a subset of the student population that has a common characteristic. Subgroups include, but are not limited to, gender, race, students with disabilities, and socioeconomic status.
“Successful employment in Iowa” may be determined by, but is not limited to, reviewing student achievement and performance based on locally identified indicators such as earnings, educational attainment, reduced unemployment, and the attainment of employability skills.
DIVISION III
ADMINISTRATION
281—12.3(256) Administration. The following standards shall apply to the administration of accredited schools and school districts.
12.3(1) Board records. Each board shall adopt by written policy a system for maintaining accurate records. The system shall provide for recording and maintaining the minutes of all board meetings, coding all receipts and expenditures, and recording and filing all reports required by the Iowa Code or requested by the director of the department of education. Financial records of school districts shall be maintained in a manner as to be easily audited according to accepted accounting procedures.
12.3(2) Policy manual. The board shall develop and maintain a policy manual which provides a codification of its policies, including the adoption date, the review date, and any revision date for each policy. Policies shall be reviewed at least every five years to ensure relevance to current practices and compliance with the Iowa Code, administrative rules and decisions, and court decisions.
12.3(3) Personnel evaluation. Each board shall adopt evaluation criteria and procedures for all contracted staff. The evaluation processes shall conform to Iowa Code sections 272.33, 279.14, and 279.23A.
12.3(4) Student records. Each board shall require its administrative staff to establish and maintain a system of student records. This system shall include for each student a permanent office record and a cumulative record.
The permanent office record shall serve as a historical record of official information concerning the student’s education. The permanent office record shall be recorded and maintained under the student’s legal name. At a minimum, the permanent office record should contain evidence of attendance and educational progress, serve as an official transcript, contain other data for use in planning to meet student needs, and provide data for official school and school district reports. This record is to be permanently maintained and stored in a fire–resistant safe or vault or can be maintained and stored electronically with a secure backup file.
The cumulative record shall provide a continuous and current record of significant information on progress and growth. It should reflect information such as courses taken, scholastic progress, school attendance, physical and health record, experiences, interests, aptitudes, attitudes, abilities, honors, extracurricular activities, part–time employment, and future plans. It is the “working record” used by the instructional professional staff in understanding the student. At the request of a receiving school or school district, a copy of the cumulative record shall be sent to officials of that school when a student transfers.
For the sole purpose of implementing an interagency agreement with state and local agencies in accordance with Iowa Code section 280.25, a student’s permanent record may include information contained in the cumulative record as defined above.
The board shall adopt a policy concerning the accessibility and confidentiality of student records that complies with the provisions of the federal Family Educational Rights and Privacy Act of 1974 and Iowa Code chapter 22.
12.3(5) Requirements for graduation. Each board providing a program through grade 12 shall adopt a policy establishing the requirements students must meet for high school graduation. This policy shall make provision for early graduation and shall be consistent with these requirements, Iowa Code section 280.14, and the requirements in the introductory paragraph of subrule 12.5(5).
12.3(6) Student responsibility and discipline. The board shall adopt student responsibility and discipline policies as required by Iowa Code section 279.8. The board shall involve parents, students, instructional and noninstructional professional staff, and community members in the development and revision of those policies where practicable or unless specific policy is mandated by legislation. The policies shall relate to the educational purposes of the school or school district. The policies shall include, but are not limited to, the following: attendance; use of tobacco; the use or possession of alcoholic beverages or any controlled substance; harassment of or by students and staff as detailed in subrule 12.3(13); violent, destructive, and seriously disruptive behavior; suspension, expulsion, emergency removal, weapons, and physical restraint; out–of–school behavior; participation in extracurricular activities; academic progress; and citizenship.
The policies shall ensure due process rights for students and parents, including consideration for students who have been identified as requiring special education programs and services.
The board shall also consider the potential, disparate impact of the policies on students because of race, color, national origin, gender, sexual orientation as defined in Iowa Code section 216.2 as amended by 2007 Iowa Acts, Senate File 427, section 1, gender identity as defined in Iowa Code section 216.2 as amended by 2007 Iowa Acts, Senate File 427, section 1, disability, religion, creed, or socioeconomic status.
The board shall publicize its support of these policies, its support of the staff in enforcing them, and the staff’s accountability for implementing them.
12.3(7) Health services. Rescinded IAB 12/5/07, effective 1/9/08.
12.3(8) Audit of school funds. This subrule applies to school districts. The results of the annual audit of all school district funds conducted by the state auditor or a private auditing firm shall be made part of the official records of the board as described in Iowa Code section 11.6.
12.3(9) School or school district building grade–level organization. The board shall adopt a grade–level organization for the buildings under its jurisdiction as described in Iowa Code section 279.39.
12.3(10) Report on accredited nonpublic school students. Rescinded IAB 12/5/07, effective 1/9/08.
12.3(11) Standards for school counseling programs. The board of directors of each school district shall establish a K–12 comprehensive school counseling program, driven by student data and based on standards in academic, career, personal, and social areas, which supports the student achievement goals of the total school curriculum and to which all students have equitable access.
a. A qualified school counselor, licensed by the board of educational examiners, who works collaboratively with students, teachers, support staff and administrators shall direct the program and provide services and instruction in support of the curricular goals of each attendance center. The school counselor shall be the member of the attendance center instructional team with special expertise in identifying resources and technologies to support teaching and learning. The school counselor and classroom teachers shall collaborate to develop, teach, and evaluate attendance center curricular goals with emphasis on the following:
(1) Sequentially presented curriculum, programs, and responsive services that address growth and development of all students; and
(2) Attainment of student competencies in academic, career, personal, and social areas.
b. The program shall be regularly reviewed and revised and shall be designed to provide all of the following:
(1) Curriculum that is embedded throughout the district’s overall curriculum and systemically delivered by the school counselor in collaboration with instructional staff through classroom and group activities and that consists of structured lessons to help students achieve desired competencies and to provide all students with the knowledge and skills appropriate for their developmental levels;
(2) Individual student planning through ongoing systemic activities designed to help students establish educational and career goals to develop future plans;
(3) Responsive services through intervention and curriculum that meet students’ immediate and future needs as occasioned by events and conditions in students’ lives and that may require any of the following: individual or group counseling; consultation with parents, teachers, and other educators; referrals to other school support services or community resources; peer helping; and information; and
(4) Systemic support through management activities that establish, maintain, and enhance the total school counseling program, including professional development, consultation, collaboration, program management, and operations.
12.3(12) Standards for library programs. The board of directors of each school district shall establish a K–12 library program to support the student achievement goals of the total school curriculum.
a. A qualified teacher librarian, licensed by the board of educational examiners, who works with students, teachers, support staff and administrators shall direct the library program and provide services and instruction in support of the curricular goals of each attendance center. The teacher librarian shall be a member of the attendance center instructional team with special expertise in identifying resources and technologies to support teaching and learning. The teacher librarian and classroom teachers shall collaborate to develop, teach, and evaluate attendance center curricular goals with emphasis on promoting inquiry and critical thinking; providing information literacy learning experiences to help students access, evaluate, use, create, and communicate information; enhancing learning and teaching through technology; and promoting literacy through reader guidance and activities that develop capable and independent readers.
b. The library program shall be regularly reviewed and revised and shall be designed to meet the following goals:
(1) To provide for methods to improve library collections to meet student and staff needs;
(2) To make connections with parents and the community;
(3) To support the district’s school improvement plan;
(4) To provide access to or support for professional development for the teacher librarian;
(5) To provide current technology and electronic resources to ensure that students become skillful and discriminating users of information;
(6) To include a current and diverse collection of fiction and nonfiction materials in a variety of formats to support student and curricular needs; and
(7) To include a plan for annually updating and replacing library materials, supports, and equipment.
c. The board of directors of each school district shall adopt policies to address selection and reconsideration of school library materials; confidentiality of student library records; and legal and ethical use of information resources, including plagiarism and intellectual property rights.
12.3(13) Policy declaring harassment and bullying against state and school policy. The policy adopted by the board regarding harassment of or by students and staff shall declare harassment and bullying in schools, on school property, and at any school function or school–sponsored activity regardless of its location to be against state and school policy. The board shall make a copy of the policy available to all school employees, volunteers, students, and parents or guardians and shall take all appropriate steps to bring the policy against harassment and bullying and the responsibilities set forth in the policy to the attention of school employees, volunteers, students, and parents or guardians. Each policy shall, at a minimum, include all of the following components:
a. A statement declaring harassment and bullying to be against state and school policy. The statement shall include but not be limited to the following provisions:
(1) School employees, volunteers, and students in school, on school property, or at any school function or school–sponsored activity shall not engage in harassing and bullying behavior.
(2) School employees, volunteers, and students shall not engage in reprisal, retaliation, or false accusation against a victim, a witness, or an individual who has reliable information about such an act of harassment or bullying.
b. A definition of harassment and bullying consistent with the following: Harassment and bullying shall be construed to mean any electronic, written, verbal, or physical act or conduct toward a student which is based on the student’s actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status, and which creates an objectively hostile school environment that meets one or more of the following conditions:
(1) Places the student in reasonable fear of harm to the student’s person or property.
(2) Has a substantially detrimental effect on the student’s physical or mental health.
(3) Has the effect of substantially interfering with a student’s academic performance.
(4) Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
The local board policy must set forth all 17 of the above–enumerated traits or characteristics, but does not need to be limited to the 17 enumerated traits or characteristics.
c. A description of the type of behavior expected from school employees, volunteers, parents or guardians, and students relative to prevention, reporting, and investigation of harassment or bullying.
d. The consequences and appropriate remedial action for a person who violates the antiharass–ment and antibullying policy.
e. A procedure for reporting an act of harassment or bullying, including the identification by job title of the school official responsible for ensuring that the policy is implemented, and the identification of the person or persons responsible for receiving reports of harassment or bullying.
f. A procedure for the prompt investigation of complaints, identifying either the school superintendent or the superintendent’s designee as the individual responsible for conducting the investigation, including a statement that investigators will consider the totality of circumstances presented in determining whether conduct objectively constitutes harassment or bullying under this subrule.
g. A statement of the manner in which the policy will be publicized.
The board shall integrate its policy into its comprehensive school improvement plan. The board shall develop and maintain a system to collect harassment and bullying incidence data, and report such data, on forms specified by the department, to the local community and to the department.
DIVISION IV
SCHOOL PERSONNEL
281—12.4(256) School personnel. License/certificate and endorsement standards required in this rule relate to licenses/certificates and endorsements issued by the state board of educational examiners. The following standards shall apply to personnel employed in accredited schools.
12.4(1) Instructional professional staff. Each person who holds a license/certificate endorsed for the service for which that person is employed shall be eligible for classification as a member of the instructional professional staff.
12.4(2) Noninstructional professional staff. A person who holds a statement of professional recognition, including but not limited to a physician, dentist, nurse, speech therapist, or a person in one of the other noninstructional professional areas designated by the state board of education, shall be eligible for classification as a member of the noninstructional professional staff.
12.4(3) Basis for approval of professional staff. Each member of the professional staff shall be classified as either instructional or noninstructional. An instructional professional staff member shall be regarded as approved when holding either an appropriate license/certificate with endorsement or endorsements, or a license/certificate with an endorsement statement, indicating the specific teaching assignments that may be given. A noninstructional professional staff member shall be regarded as approved when holding a statement of professional recognition for the specific type of noninstructional professional school service for which employed.
12.4(4) Required administrative personnel. Each board that operates both an elementary school and a secondary school shall employ as its executive officer and chief administrator a person who holds a license/certificate endorsed for service as a superintendent. The board of a school district may meet this requirement by contracting with its area education agency for “superintendency services” as provided by Iowa Code section 273.7A. The individual employed or contracted for as superintendent may serve as an elementary principal or as a high school principal in that school or school district provided that the superintendent holds the proper licensure/certification. For purposes of this subrule, high school means a school which commences with either grade 9 or grade 10, as determined by the board of directors of the school district, or by the governing authority of the nonpublic school in the case of nonpublic schools. Boards of school districts may jointly employ a superintendent, provided such arrangements comply with the provisions of Iowa Code subsection 279.23(4).
12.4(5) Staffing policies—elementary schools. The board operating an elementary school shall develop and adopt staffing policies designed to attract, retain, and effectively utilize competent personnel. Each board operating an elementary school shall employ at least one elementary principal. This position may be combined with that of secondary principal or with a teaching assignment at the elementary or secondary level, provided the individual holds the proper licenses/certificates and endorsements.
When grades seven and eight are part of an organized and administered junior high school, the staffing policies adopted by the board for secondary schools shall apply. When grades seven and eight are part of an organized and administered middle school, the staffing policies adopted by the board for elementary schools shall apply.
12.4(6) Staffing policies—secondary schools. The board operating a secondary school shall develop and adopt staffing policies designed to attract, retain, and effectively utilize competent personnel. Each board operating a secondary school shall employ at least one secondary principal. This position may be combined with that of elementary principal or with a teaching assignment at the elementary or secondary level, provided the individual holds the proper licenses/certificates and endorsements. This position cannot be combined with that of superintendent.
12.4(7) Principal. “Principal” means a licensed/certificated member of a school’s instructional staff who serves as an instructional leader, coordinates the process and substance of educational and instructional programs, coordinates the budget of the school, provides formative evaluation for all practitioners and other persons in the school, recommends or has effective authority to appoint, assign, promote, or transfer personnel in a school building, implements the local school board’s policy in a manner consistent with professional practice and ethics, and assists in the development and supervision of a school’s student activities program.
12.4(8) Teacher. A teacher shall be defined as a member of the instructional professional staff who holds a license/certificate endorsed for the type of position in which employed. A teacher diagnoses, prescribes, evaluates, and directs student learnings in terms of the school’s objectives, either singly or in concert with other professional staff members; shares responsibility with the total professional staff for developing educational procedures and student activities to be used in achieving the school’s objectives; supervises educational aides who assist in serving students for whom the teacher is responsible; and evaluates or assesses student progress during and following instruction in terms of the objectives sought, and uses this information to develop further educational procedures.
12.4(9) Educational assistant. An educational assistant shall be defined as an employee who, in the presence or absence of an instructional professional staff member but under the direction, supervision, and control of the instructional professional staff, supervises students or assists in providing instructional and other direct educational services to students and their families. An educational assistant shall not substitute for or replace the functions and duties of a teacher as established in subrule 12.4(8).
During the initial year of employment, an educational assistant shall complete staff development approved by the board as provided in subrule 12.7(1).
12.4(10) Record of license/certificate or statement of professional recognition. The board shall require each administrator, teacher, support service staff member, and noninstructional professional staff member on its staff to supply evidence that each holds a license/certificate or statement of professional recognition which is in force and valid for the type of position in which employed.
12.4(11) Record required regarding teacher and administrative assignments. The board shall require its superintendent or other designated administrator to maintain a file for all regularly employed members of the instructional professional staff, including substitute teachers. The file shall consist of legal licenses/certificates or copies thereof for all members of the instructional professional staff, including substitute teachers, showing that they are eligible for the position in which employed. The official shall also maintain on file a legal license/certificate or statement of professional recognition as defined in subrule 12.4(2) for each member of the noninstructional professional staff. These records shall be on file at the beginning of and throughout each school year and shall be updated annually to reflect all professional growth.
On December 1 of each year, the official shall verify to the department of education the licensure/certification and endorsement status of each member of the instructional and administrative staff. This report shall be on forms provided by the department of education and shall identify all persons holding authorizations and their specific assignment(s) with the authorization(s).
12.4(12) Nurses. The board of each school district shall employ a school nurse and shall require a current license to be filed with the superintendent or other designated administrator as specified in subrule 12.4(10).
12.4(13) Prekindergarten staff. Prekindergarten teachers shall hold a license/certificate valid for the prekindergarten level. The board shall employ personnel as necessary to provide effective supervision and instruction in the prekindergarten program.
12.4(14) Physical examination. Except as otherwise provided in 281—43.15(285), the local board shall require each employee to file with the local board, after an offer of employment is made and before or within six weeks of the beginning of service, certification of fitness to perform the tasks assigned which shall be in the form of a written report of a physical examination by a licensed physician and surgeon, osteopathic physician and surgeon, osteopath, or qualified doctor of chiropractic, licensed physician assistant, or advanced registered nurse practitioner.
Each doctor of chiropractic licensed as of July 1, 1974, shall affirm on each certificate of physical examination that the affidavit required by Iowa Code section 151.8 is on file with the Iowa board of chiropractic examiners.
12.4(15) Support staff. The board shall develop and implement procedures for the use of educational support staff to augment classroom instruction and to meet individual student needs. These staff members may be employed by the board or by the area education agency.
12.4(16) Volunteer. A volunteer shall be defined as an individual who, without compensation or remuneration, provides a supportive role and performs tasks under the direction, supervision, and control of the school or school district staff. A volunteer shall not work as a substitute for or replace the functions and duties of a teacher as established in subrule 12.4(8).
DIVISION V
EDUCATION PROGRAM
281—12.5(256) Education program. The following education program standards shall be met by schools and school districts for accreditation with the start of the 1989–1990 school year.
12.5(1) Prekindergarten program. If a school offers a prekindergarten program, the program shall be designed to help children to work and play with others, to express themselves, to learn to use and manage their bodies, and to extend their interests and understanding of the world about them. The prekindergarten program shall relate the role of the family to the child’s developing sense of self and perception of others. Planning and carrying out prekindergarten activities designed to encourage cooperative efforts between home and school shall focus on community resources. A prekindergarten teacher shall hold a license/certificate licensing/certifying that the holder is qualified to teach in prekindergarten. A nonpublic school which offers only a prekindergarten may, but is not required to, seek and obtain accreditation.
12.5(2) Kindergarten program. The kindergarten program shall include experiences designed to develop healthy emotional and social habits and growth in the language arts and communication skills, as well as a capacity for the completion of individual tasks, and protect and increase physical well–being with attention given to experiences relating to the development of life skills and human growth and development. A kindergarten teacher shall be licensed/certificated to teach in kindergarten. An accredited nonpublic school must meet the requirements of this subrule only if the nonpublic school offers a kindergarten program.
12.5(3) Elementary program, grades 1–6. The following areas shall be taught in grades one through six: English–language arts, social studies, mathematics, science, health, human growth and development, physical education, traffic safety, music, and visual art.
In implementing the elementary program standards, the following general curriculum definitions shall be used.
a. English–language arts. English–language arts instruction shall include the following communication processes: speaking; listening; reading; writing; viewing; and visual expression and nonverbal communication. Instruction shall incorporate language learning and creative, logical, and critical thinking. The following shall be taught: oral and written composition; communication processes and skills, including handwriting and spelling; literature; creative dramatics; and reading.
b. Social studies. Social studies instruction shall include citizenship education, history, and social sciences. Democratic beliefs and values, problem–solving skills, and social and political participation skills shall be incorporated. Instruction shall encompass geography, history of the United States and Iowa, and cultures of other peoples and nations. American citizenship, including the study of national, state, and local government; and the awareness of the physical, social, emotional and mental self shall be infused in the instructional program.
c. Mathematics. Mathematics instruction shall include number sense and numeration; concepts and computational skills with whole numbers, fractions, mixed numbers and decimals; estimation and mental arithmetic; geometry; measurement; statistics and probability; and patterns and relationships. This content shall be taught through an emphasis on mathematical problem solving, reasoning, and applications; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.
d. Science. Science instruction shall include life, earth, and physical science and shall incorporate hands–on process skills; scientific knowledge; application of the skills and knowledge to students and society; conservation of natural resources; and environmental awareness.
e. Health. Health instruction shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; substance abuse and nonuse, encompassing the effects of alcohol, tobacco, drugs, and poisons on the human body; human sexuality, self–esteem, stress management, and interpersonal relationships; emotional and social health; health resources; and prevention and control of disease, and the characteristics of communicable diseases, including acquired immune deficiency syndrome.
f. Physical education. Physical education instruction shall include movement experiences and body mechanics; fitness activities; rhythmic activities; stunts and tumbling; simple games and relays; sports skills and activities; and water safety.
g. Traffic safety. Traffic safety instruction shall include pedestrian safety; bicycle safety; auto passenger safety; school bus passenger safety; seat belt use; substance education; and the application of legal responsibility and risk management to these concepts.
h. Music. Music instruction shall include skills, knowledge, and attitudes and shall include singing and playing music; listening to and using music; reading and writing music; recognizing the value of the world’s musical heritage; respecting individual musical aspirations and values; and preparing for consuming, performing, or composing.
i. Visual art. Visual art instruction shall include perceiving, comprehending, and evaluating the visual world; viewing and understanding the visual arts; developing and communicating imaginative and inventive ideas; and making art.
12.5(4) Junior high program, grades 7 and 8. The following shall be taught in grades 7 and 8: English–language arts, social studies, mathematics, science, health, human growth and development, physical education, music, visual art, family and consumer education, career education, and technology education. Instruction in the following areas shall include the contributions and perspectives of persons with disabilities, both men and women, and persons from diverse racial and ethnic groups, and shall be designed to eliminate career and employment stereotypes.
In implementing the junior high program standards, the following general curriculum definitions shall be used.
a. English–language arts. Same definition as in 12.5(3)“a” with the exclusion of handwriting.
b. Social studies. Social studies instruction shall include citizenship education, history and social sciences. Democratic beliefs and values, problem–solving skills, and social and political participation skills shall be incorporated. Instruction shall encompass history, economics, geography, government including American citizenship, behavioral sciences, and the cultures of other peoples and nations. Strategies for continued development of positive self–perceptions shall be infused.
c. Mathematics. Mathematics instruction shall include number and number relationships including ratio, proportion, and percent; number systems and number theory; estimation and computation; geometry; measurement; statistics and probability; and algebraic concepts of variables, patterns, and functions. This content shall be taught through an emphasis on mathematical problem solving, reasoning, and applications; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.
d. Science. Same definition as in 12.5(3)“d.”
e. Health. Health instruction shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; substance abuse and nonuse, encompassing the effects of alcohol, tobacco, drugs, and poisons on the human body; human sexuality, self–esteem, stress management, and interpersonal relationships; emotional and social health; health resources; and prevention and control of disease and the characteristics of communicable diseases, including sexually transmitted diseases and acquired immune deficiency syndrome.
f. Physical education. Physical education shall include the physical fitness activities that increase cardiovascular endurance, muscular strength, and flexibility; sports and games; tumbling and gymnastics; rhythms and dance; water safety; leisure and lifetime activities.
g. Music. Same definition as in 12.5(3)“h” with the addition of using music as an avocation or vocation.
h. Visual art. Same definition as in 12.5(3)“i” with the addition of using visual arts as an avocation or vocation.
i. Family and consumer education. Family and consumer education instruction shall include the development of positive self–concept, understanding personal growth and development and relationships with peers and family members in the home, school and community, including men, women, minorities and persons with disabilities. Subject matter emphasizes the home and family, including parenting, child development, textiles and clothing, consumer and resource management, foods and nutrition, housing, and family and individual health. This subrule shall not apply to nonpublic schools.
j. Career education. Career education instruction shall include exploration of employment opportunities, experiences in career decision making, and experiences to help students integrate work values and work skills into their lives. This subrule shall not apply to nonpublic schools. However, nonpublic schools shall comply with subrule 12.5(7).
k. Technology education. Technology education instruction shall include awareness of technology and its impact on society and the environment; furthering students’ career development by contributing to their scientific principles, technical information and skills to solve problems related to an advanced technological society; and orienting students to technologies which impact occupations in all six of the required service areas. The purpose of this instruction is to help students become technologically literate and become equipped with the necessary skills to cope with, live in, work in, and contribute to a highly technological society. This subrule shall not apply to nonpublic schools.
12.5(5) High school program, grades 9–12. In grades 9 through 12, a unit is a course or equivalent related components or partial units taught throughout the academic year as defined in subrule 12.5(14). The following shall be offered and taught as the minimum program: English–language arts, six units; social studies, five units; mathematics, six units as specified in 12.5(5)“c”; science, five units; health, one unit; physical education, one unit; fine arts, three units; foreign language, four units; and vocational education, 12 units as specified in 12.5(5)“i.” Beginning with the 2010–2011 school year graduating class, all students in schools and school districts shall satisfactorily complete at least four units ofEnglish–language arts, three units of mathematics, three units of science, three units of social studies, and one full unit of physical education as conditions of graduation. The three units of social studies may include the existing graduation requirements of one–half unit of United States government and one unit of United States history.
In implementing the high school program standards, the following curriculum standards shall be used.
a. English–language arts (six units). English–language arts instruction shall include the following communication processes: speaking; listening; reading; writing; viewing; and visual expression and nonverbal communication. Instruction shall incorporate language learning and creative, logical, and critical thinking. The program shall encompass communication processes and skills; written composition; speech; debate; American, English, and world literature; creative dramatics; and journalism.
b. Social studies (five units). Social studies instruction shall include citizenship education, history, and the social sciences. Instruction shall encompass the history of the United States and the history and cultures of other peoples and nations including the analysis of persons, events, issues, and historical evidence reflecting time, change, and cause and effect. Instruction in United States government shall include an overview of American government through the study of the United States Constitution, the bill of rights, the federal system of government, and the structure and relationship between the national, state, county, and local governments; and voter education including instruction in statutes and procedures, voter registration requirements, the use of paper ballots and voting machines in the election process, and the method of acquiring and casting an absentee ballot. Students’ knowledge of the Constitution and the bill of rights shall be assessed. Economics shall include comparative and consumer studies in relation to the market and command economic systems. Geography shall include the earth’s physical and cultural features, their spatial arrangement and interrelationships, and the forces that affect them. Sociology, psychology, and anthropology shall include the scientific study of the individual and group behavior(s) reflecting the impact of these behaviors on persons, groups, society, and the major institutions in a society. Democratic beliefs and values, problem–solving skills, and social and political skills shall be incorporated. All students in grades nine through twelve must, as a condition of graduation, complete a minimum of one–half unit of United States government and one unit of United States history and receive instruction in the government of Iowa.
c. Mathematics (six units). Mathematics instruction shall include:
(1) Four sequential units which are preparatory to postsecondary educational programs. These units shall include strands in algebra, geometry, trigonometry, statistics, probability, and discrete mathematics. Mathematical concepts, operations, and applications shall be included for each of these strands. These strands shall be taught through an emphasis on mathematical problem solving, reasoning, and structure; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.
(2) Two additional units shall be taught. These additional units may include mathematical content as identified in, but not limited to, paragraphs 12.5(3)“c,” 12.5(4)“c,” and 12.5(5)“c”(1). These units are to accommodate the locally identified needs of the students in the school or school district. This content shall be taught through an emphasis on mathematical problem solving, reasoning, and structure; language and symbolism to communicate mathematical ideas; and connections among mathematical topics and between mathematics and other disciplines. Calculators and computers shall be used in concept development and problem solving.
d. Science (five units). Science instruction shall include biological, earth, and physical science, including physics and chemistry. Full units of chemistry and physics shall be taught but may be offered in alternate years. All science instruction shall incorporate hands–on process skills; scientific knowledge; the application of the skills and knowledge to students and society; conservation of natural resources; and environmental awareness.
e. Health (one unit). Health instruction shall include personal health; food and nutrition; environmental health; safety and survival skills; consumer health; family life; human growth and development; substance abuse and nonuse; emotional and social health; health resources; and prevention and control of disease, including sexually transmitted diseases and acquired immune deficiency syndrome, current crucial health issues, human sexuality, self–esteem, stress management, and interpersonal relationships.
f. Physical education (one unit). Physical education shall include the physical fitness activities that increase cardiovascular endurance, muscular strength and flexibility; sports and games; tumbling and gymnastics; rhythms and dance; water safety; leisure and lifetime activities.
All physically able students shall be required to participate in the program for a minimum of one–eighth unit during each semester they are enrolled except as otherwise provided in this paragraph. A twelfth–grade student may be excused from this requirement by the principal of the school in which the student is enrolled under one of the following circumstances:
(1) The student is enrolled in a cooperative, work–study, or other educational program authorized by the school which requires the student’s absence from the school premises during the school day.
(2) The student is enrolled in academic courses not otherwise available.
(3) An organized and supervised athletic program which requires at least as much time of participation per week as one–eighth unit of physical education.
Students in grades nine through eleven may be excused from the physical education requirement in order to enroll in academic courses not otherwise available to the student if the board of directors of the school district in which the school is located, or the authorities in charge of the school, if the school is a nonpublic school, determine that students from the school may be permitted to be excused from the physical education requirement.
A student may be excused by the principal of the school in which the student is enrolled, in consultation with the student’s counselor, for up to one semester, trimester, or the equivalent of a semester or trimester, per year if the parent or guardian of the student requests in writing that the student be excused from the physical education requirement. The student seeking to be excused from the physical education requirement must, at some time during the period for which the excuse is sought, be a participant in an organized and supervised athletic program which requires at least as much time of participation per week as one–eighth unit of physical education.
The student’s parent or guardian must request the excuse in writing. The principal shall inform the superintendent that the student has been excused.
g. Fine arts (three units). Fine arts instruction shall include at least two of the following:
(1) Dance. Dance instruction shall encompass developing basic movement skills; elementary movement concepts; study of dance forms and dance heritage; participating in dance; and evaluating dance as a creative art; and using dance as an avocation or vocation.
(2) Music. Music instruction shall include skills, knowledge, and attitudes and the singing and playing of music; listening to and using music; reading and writing music; recognizing the value of the world’s musical heritage; respecting individual musical aspirations and values; preparing for consuming, performing, or composing; and using music as an avocation or vocation.
(3) Theatre. Theatre instruction shall encompass developing the internal and external resources used in the theatre process; creating theatre through artistic collaboration; relating theatre to its social context; forming aesthetic judgments; and using theatre as an avocation or vocation.
(4) Visual art. Visual art instruction shall include developing concepts and values about natural and created environments; critiquing works of art; evaluating relationships between art and societies; analyzing, abstracting, and synthesizing visual forms to express ideas; making art; and using visual art as an avocation or vocation.
h. Foreign language (four units). The foreign language program shall be a four–unit sequence of uninterrupted study in at least one language. Foreign language instruction shall include listening comprehension appropriate to the level of instruction; rateable oral proficiency; reading comprehension appropriate to the level of instruction; writing proficiency appropriate to the level of instruction and cultural awareness.
All high schools shall offer and teach the first two units of the sequence. The third and fourth units must be offered. However, the department of education may, on an annual basis, waive the third and fourth unit requirements upon the request of the board. The board must document that a licensed/certificated teacher was employed and assigned a schedule that would have allowed students to enroll, that the class was properly scheduled, that students were aware of the course offerings, and that no students enrolled.
i. Vocational education—school districts (three units each in at least four of the six service areas). A minimum of three sequential units, of which only one may be a core unit, shall be taught in four of the following six service areas: agricultural education, business and office education, health occupations education, home economics education, industrial education, and marketing education. The instruction shall be competency–based; shall provide a base of knowledge which will prepare students for entry level employment, additional on–the–job training, and postsecondary education within their chosen field; shall be articulated with postsecondary programs of study, including apprenticeship programs; shall reinforce basic academic skills; shall include the contributions and perspectives of persons with disabilities, both men and women, and persons from diverse racial and ethnic groups. Vocational core courses may be used in more than one vocational service area. Multioccupations may be used to complete a sequence in more than one vocational service area; however, a core course(s) and multioccupations cannot be used in the same sequence. If a district elects to use multioccupations to meet the requirements in more than one service area, documentation must be provided to indicate that a sufficient variety of quality training stations be available to allow students to develop occupational competencies. A district may apply for a waiver if an innovative plan for meeting the instructional requirement for the standard is submitted to and approved by the director of the department of education.
The instructional programs also shall comply with the provisions of Iowa Code chapter 258 relating to vocational education. Advisory committee/councils designed to assist vocational education planning and evaluation shall be composed of public members with emphasis on persons representing business, agriculture, industry, and labor. The membership of local advisory committees/councils will fairly represent each gender and minority residing in the school district. The accreditation status of a school district failing to comply with the provisions of this subrule shall be governed by 281—subrule 46.7(10), paragraph “g.”
(1) A service area is the broad category of instruction in the following occupational cluster areas (definitions are those used in these rules):
(2) “Agricultural education programs” prepare individuals for employment in agriculture–related occupations. Such programs encompass the study of applied sciences and business management principles, as they relate to agriculture. Agricultural education focuses on, but is not limited to, study in horticulture, forestry, conservation, natural resources, agricultural products and processing, production of food and fiber, aquaculture and other agricultural products, mechanics, sales and service, economics marketing, and leadership development.
(3) “Business and office education programs” prepare individuals for employment in varied occupations involving such activities as planning, organizing, directing, and controlling all business office systems and procedures. Instruction offered includes such activities as preparing, transcribing, systematizing, preserving communications; analyzing financial records; receiving and disbursing money; gathering, processing and distributing information; and performing other business and office duties.
(4) “Health occupations education programs” prepare individuals for employment in a variety of occupations concerned with providing care in the areas of wellness, prevention of disease, diagnosis, treatment, and rehabilitation. Instruction offered encompasses varied activities in such areas as dental science, medical science, diagnostic services, treatment therapy, patient care areas, rehabilitation services, record keeping, emergency care, and health education. Many occupations in this category require licensing or credentialing to practice, or to use a specific title.
(5) “Home economics education programs” encompass two categories of instructional programs:
1. “Consumer and family science” programs may be taught to prepare individuals for a multiple role of homemaker and wage earner and may include such content areas as food and nutrition; consumer education; family living and parenthood; child development and guidance; family and individual health; housing and home management; and clothing and textiles.
2. “Home economics occupations programs” prepare individuals for paid employment in such home economics–related occupations as child care aide/assistant, food production management and services, and homemaker/home health aide.
(6) “Industrial education programs” encompass two categories of instructional programs—industrial technology and trade and industrial. Industrial technology means an applied discipline designed to promote technological literacy which provides knowledge and understanding of the impact of technology including its organizations, techniques, tools, and skills to solve practical problems and extend human capabilities in areas such as construction, manufacturing, communication, transportation, power and energy. Trade and industrial programs prepare individuals for employment in such areas as protective services, construction trades, mechanics and repairers, precision production, transportation, and graphic communications. Instruction includes regular systematic classroom activities, followed by experiential learning with the most important processes, tools, machines, management ideas, and impacts of technology.
(7) “Marketing education programs” prepare individuals for marketing occupations, including merchandising and management—those activities which make products and services readily available to consumers and business. Instruction stresses the concept that marketing is the bridge between production (including the creation of services and ideas) and consumption. These activities are performed by retailers, wholesalers, and businesses providing services in for–profit and not–for–profit business firms.
(8) “Sequential unit” applies to an integrated offering, directly related to the educational and occupational skills preparation of individuals for jobs and preparation for postsecondary education. Sequential units provide a logical framework for the instruction offered in a related occupational area and do not require prerequisites for enrollment. A unit is defined in subrule 12.5(18).
(9) “Competency” is a learned student performance statement which can be accurately repeated and measured. Instruction is based on incumbent worker–validated statements of learner results (competencies) which clearly describe what skills the students will be able to demonstrate as a result of the instruction. Competencies function as the basis for building the instructional program to be offered. Teacher evaluation of students, based upon their ability to perform the competencies, is an integral part of a competency–based system.
(10) “Minimum competency lists” contain competencies validated by statewide technical committees, composed of representatives from appropriate businesses, industries, agriculture, and organized labor. These lists contain essential competencies which lead to entry level employment and are not intended to be the only competencies learned. Districts will choose one set of competencies per service area upon which to build their program or follow the process detailed in 281—subrule 46.7(2) to develop local competencies.
(11) “Clinical experience” involves direct instructor supervision in the actual workplace, so that the learner has the opportunity to apply theory and to perfect skills taught in the classroom and laboratory.
“Field training” is an applied learning experience in a nonclassroom environment under the supervision of an instructor.
“Lab training” is experimentation, practice or simulation by students under the supervision of an instructor.
“On–the–job training” is a cooperative work experience planned and supervised by a teacher–coordinator and the supervisor in the employment setting.
(12) “Coring” is an instructional design whereby competencies common to two or more different vocational service areas are taught as one course offering. Courses shall be no longer than one unit of instruction. Course(s) may be placed wherever appropriate within the program offered. This offering may be acceptable as a unit or partial unit in more than one vocational program to meet the standard.
(13) “Articulation” is the process of mutually agreeing upon competencies and performance levels transferable between institutions and programs for advanced placement or credit in a vocational program. An articulation agreement is the written document which explains the decisions agreed upon and the process used by the institution to grant advanced placement or credit.
(14) “Multioccupational courses” combine on–the–job training in any of the occupational areas with the related classroom instruction. The instructor provides the related classroom instruction and coordinates the training with the employer at the work site. A multioccupational course may only be used to complete a sequence in more than one vocational service area if competencies from the appropriate set of minimum competencies are a part of the related instruction.
j. Vocational education/nonpublic schools (five units). A nonpublic school which provides an educational program that includes grades 9 through 12 shall offer and teach five units of occupational education subjects, which may include, but are not limited to, programs, services, and activities which prepare students for employment in business or office occupations, trade and industrial occupations, consumer and family sciences or home economics occupations, agricultural occupations, marketing occupations, and health occupations. By July 1, 1993, instruction shall be competency–based, articulated with postsecondary programs of study, and may include field, laboratory, or on–the–job training.
12.5(6) Physical education and health courses exemption. A pupil shall not be required to enroll in either physical education or health courses if the pupil’s parent or guardian files a written statement with the school principal that the course conflicts with the pupil’s religious beliefs.
12.5(7) Career education. Each school or school district shall incorporate school–to–career educational programming into its comprehensive school improvement plan. Curricular and cocurricular teaching and learning experiences regarding career education shall be provided from the prekindergarten level through grade 12. Career education shall be incorporated into the total educational program and shall include, but is not limited to, awareness of self in relation to others and the needs of society; exploration of employment opportunities, at a minimum, within Iowa; experiences in personal decision making; experiences that help students connect work values into all aspects of their lives; and the development of employability skills. In the implementation of this subrule, the board shall comply with Iowa Code section 280.9.
12.5(8) Multicultural and gender fair approaches to the educational program. The board shall establish a policy to ensure that students are free from discriminatory practices in the educational program as required by Iowa Code section 256.11. In developing or revising the policy, parents, students, instructional and noninstructional staff, and community members shall be involved. Each school or school district shall incorporate multicultural and gender fair goals for the educational program into its comprehensive school improvement plan. Incorporation shall include the following:
a. Multicultural approaches to the educational program. These shall be defined as approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of diverse cultural groups, including race, color, national origin, gender, disability, religion, creed, and socioeconomic background. The contributions and perspectives of Asian Americans, African Americans, Hispanic Americans, American Indians, European Americans, and persons with disabilities shall be included in the program.
b. Gender fair approaches to the educational program. These shall be defined as approaches which foster knowledge of, and respect and appreciation for, the historical and contemporary contributions of women and men to society. The program shall reflect the wide variety of roles open to both women and men and shall provide equal opportunity to both sexes.
12.5(9) Special education. The board of each school district shall provide special education programs and services for its resident children which comply with rules of the state board of education implementing Iowa Code chapters 256, 256B, 273, and 280.
12.5(10) Technology integration. Each school or school district shall incorporate into its comprehensive school improvement plan demonstrated use of technology to meet its student learning goals.
12.5(11) Global education. Each school or school district shall incorporate global education into its comprehensive school improvement plan as required by Iowa Code section 256.11. Global education shall be incorporated into all areas and levels of the educational program so students have the opportunity to acquire a realistic perspective on world issues, problems, and the relationship between an individual’s self–interest and the concerns of people elsewhere in the world.
12.5(12) Provisions for gifted and talented students. Each school district shall incorporate gifted and talented programming into its comprehensive school improvement plan as required by Iowa Code section 257.43. The comprehensive school improvement plan shall include the following gifted and talented program provisions: valid and systematic procedures, including multiple selection criteria for identifying gifted and talented students from the total student population; goals and performance measures; a qualitatively differentiated program to meet the students’ cognitive and affective needs; staffing provisions; an in–service design; a budget; and qualifications of personnel administering the program. Each school district shall review and evaluate its gifted and talented programming. This subrule does not apply to accredited nonpublic schools.
12.5(13) Provisions for at–risk students. Each school district shall include in its comprehensive school improvement plan the following provisions for meeting the needs of at–risk students: valid and systematic procedures and criteria to identify at–risk students throughout the school district’s school–age population, determination of appropriate ongoing educational strategies for alternative options education programs as required in Iowa Code section 280.19A, and review and evaluation of the effectiveness of provisions for at–risk students. This subrule does not apply to accredited nonpublic schools.
Each school district using additional allowable growth for provisions for at–risk students shall incorporate educational program goals for at–risk students into its comprehensive school improvement plan. Provisions for at–risk students shall align with the student learning goals and content standards established by the school district or by school districts participating in a consortium. The comprehensive school improvement plan shall also include objectives, activities, cooperative arrangements with other service agencies and service groups, and strategies for parental involvement to meet the needs ofat–risk children. The incorporation of these requirements into a school district’s comprehensive school improvement plan shall serve as the annual application for additional allowable growth designated in Iowa Code section 257.38.
12.5(14) Unit. A unit is a course which meets one of the following criteria: it is taught for at least 200 minutes per week for 36 weeks; it is taught for the equivalent of 120 hours of instruction; or it is an equated requirement as a part of an innovative program filed as prescribed in rule 12.9(256). A fractional unit shall be calculated in a manner consistent with this subrule. Multiple–section courses taught at the same time in a single classroom situation by one teacher do not meet this unit definition for the assignment of a unit of credit. However, the third and fourth years of a foreign language may be taught at the same time by one teacher in a single classroom situation each yielding a unit of credit.
12.5(15) Credit. A student shall receive a credit or a partial credit upon successful completion of a course which meets one of the criteria in subrule 12.5(14). The board may award credit on a performance basis through the administration of an examination, provided the examination covers the content ordinarily included in the regular course.
12.5(16) Subject offering. A subject shall be regarded as offered when the teacher of the subject has met the licensure and endorsement standards of the state board of educational examiners for that subject; instructional materials and facilities for that subject have been provided; and students have been informed, based on their aptitudes, interests, and abilities, about possible value of the subject.
A subject shall be regarded as taught only when students are instructed in it in accordance with all applicable requirements outlined herein. Subjects which the law requires schools and school districts to offer and teach shall be made available during the school day as defined in subrules 12.1(8) to 12.1(10).
12.5(17) Educational excellence program—Phase III. Rescinded IAB 12/5/07, effective 1/9/08.
12.5(18) Early intervention program. Each school district receiving early intervention program funds shall make provisions to meet the needs of kindergarten through grade 3 students. The intent of the early intervention program is to reduce class size, to achieve a higher level of student success in the basic skills, and to increase teacher–parent communication and accountability. Each school district shall develop a class size management strategy by September 15, 1999, to work toward, or to maintain, class sizes in basic skills instruction for kindergarten through grade 3 that are at the state goal of 17 students per teacher. Each school district shall incorporate into its comprehensive school improvement plan goals and activities for kindergarten through grade 3 students to achieve a higher level of success in the basic skills, especially reading. A school district shall, at a minimum, biannually inform parents of their individual child’s performance on the results of diagnostic assessments in kindergarten through grade 3. If intervention is appropriate, the school district shall inform the parents of the actions the school district intends to take to improve the child’s reading skills and provide the parents with strategies to enable the parents to improve their child’s skills.
DIVISION VI
ACTIVITY PROGRAM
281—12.6(256) Activity program. The following standards shall apply to the activity program of accredited schools and school districts.
12.6(1) General guidelines. Each board shall sponsor a pupil activity program sufficiently broad and balanced to offer opportunities for all pupils to participate. The program shall be supervised by qualified professional staff and shall be designed to meet the needs and interests and challenge the abilities of all pupils consistent with their individual stages of development; contribute to the physical, mental, athletic, civic, social, moral, and emotional growth of all pupils; offer opportunities for both individual and group activities; be integrated with the instructional program; and provide balance so a limited number of activities will not be perpetuated at the expense of others.
12.6(2) Supervised intramural sports. If the board sponsors a voluntary program of supervised intramural sports for pupils in grades seven through twelve, qualified personnel and adequate facilities, equipment, and supplies shall be provided. Middle school grades below grade seven may also participate.
DIVISION VII
STAFF DEVELOPMENT
281—12.7(256,284,284A) Professional development. The following standards shall apply to staff development for accredited schools and school districts.
12.7(1) Provisions for school district professional development.
a. Provisions for district professional development plans. Each school district shall incorporate into its comprehensive school improvement plan provisions for the professional development of all staff, including the district professional development plan required in 281—paragraph 83.6(2)“a.” To meet the professional needs of all staff, professional development activities shall align with district goals; shall be based on student and staff information; shall prepare all employees to work effectively with diverse learners and to implement multicultural, gender fair approaches to the educational program; and shall adhere to the professional development standards in 281—paragraph 83.6(2)“b” to realize increased student achievement, learning, and performance as set forth in the comprehensive school improvement plan.
b. Provisions for attendance center professional development plans. Each school district shall ensure that every attendance center has an attendance center professional development plan that addresses, at a minimum, the needs of the teachers in that center; the Iowa teaching standards; the district professional development plan; and the student achievement goals of the attendance center and the school district as set forth in the comprehensive school improvement plan.
c. Provisions for individual teacher professional development plans. Each school district shall ensure that every teacher as defined in rule 281—83.2(284,284A) has an individual teacher professional development plan that meets the expectations in 281—subrule 83.6(1).
d. Budget for staff development. The board shall annually budget specified funds to implement the plan required in paragraph 12.7(1)“a.”
12.7(2) Provisions for accredited nonpublic school professional development.
a. Each accredited nonpublic school shall incorporate into its comprehensive school improvement plan provisions for the professional development of staff. To meet the professional needs of instructional staff, professional development activities shall align with school achievement goals and shall be based on student achievement needs and staff professional development needs. The plan shall deliver research–based instructional practices to realize increased student achievement, learning, and performance as set forth in the comprehensive school improvement plan.
b. Budget for staff development. The board shall annually budget specified funds to implement the plan required in paragraph 12.7(2)“a.”
DIVISION VIII
ACCOUNTABILITY
281—12.8(256) Accountability for student achievement. Schools and school districts shall meet the following accountability requirements for increased student achievement. Area education agencies shall provide technical assistance as required by 281—subrule 72.4(7).
12.8(1) Comprehensive school improvement. The general accreditation standards are minimum, uniform requirements. However, the department encourages schools and school districts to go beyond the minimum with their work toward ongoing improvement. As a means to this end, local comprehensive school improvement plans shall be specific to a school or school district and designed, at a minimum, to increase the learning, achievement, and performance of all students.
As a part of ongoing improvement in its educational system, the board shall adopt a written comprehensive school improvement plan designed for continuous school, parental, and community involvement in the development and monitoring of a plan that is aligned with school or school district determined needs. The plan shall incorporate, to the extent possible, the consolidation of federal and state planning, goal setting, and reporting requirements. The plan shall contain, but is not limited to, the following components:
a. Community involvement.
(1) Local community. The school or school district shall involve the local community in decision–making processes as appropriate. The school or school district shall seek input from the local community about, but not limited to, the following elements at least once every five years:
1. Statement of philosophy, beliefs, mission, or vision;
2. Major educational needs; and
3. Student learning goals.
(2) School improvement advisory committee. To meet requirements of Iowa Code section 280.12(2) as amended by 2007 Iowa Acts, Senate File 61, section 1, the board shall appoint and charge a school improvement advisory committee to make recommendations to the board. Based on the committee members’ analysis of the needs assessment data, the committee shall make recommendations to the board about the following components:
1. Major educational needs;
2. Student learning goals;
3. Long–range goals that include, but are not limited to, the state indicators that address reading, mathematics, and science achievement; and
4. Harassment or bullying prevention goals, programs, training, and other initiatives.
(3) At least annually, the school improvement advisory committee shall also make recommendations to the board with regard to, but not limited to, the following:
1. Progress achieved with the annual improvement goals for the state indicators that address reading, mathematics, and science in subrule 12.8(3);
2. Progress achieved with other locally determined core indicators; and
3. Annual improvement goals for the state indicators that address reading, mathematics, and science achievement.
b. Data collection, analysis, and goal setting.
(1) Policy. The board shall adopt a policy for conducting ongoing and long–range needs assessment processes. This policy shall ensure involvement of and communication with the local community regarding its expectations for adequate preparation for all students as responsible citizens and successful wage earners. The policy shall include provisions for keeping the local community regularly informed of progress on state indicators as described in subrule 12.8(3), other locally determined indicators within the comprehensive school improvement plan as required by Iowa Code section 280.12, and the methods a school district will use to inform kindergarten through grade 3 parents of their individual child’s performance biannually as described in 1999 Iowa Acts, House File 743. The policy shall describe how the school or school district shall provide opportunities for local community feedback on an ongoing basis.
(2) Long–range data collection and analysis. The long–range needs assessment process shall include provisions for collecting, analyzing, and reporting information derived from local, state, and national sources. The process shall include provisions for reviewing information acquired over time on the following:
1. State indicators and other locally determined indicators;
2. Locally established student learning goals; and
3. Specific data collection required by federal and state programs.
Schools and school districts shall also collect information about additional factors influencing student achievement which may include, but are not limited to, demographics, attitudes, health, and other risk factors.
(3) Long–range goals. The board, with input from its school improvement advisory committee, shall adopt long–range goals to improve student achievement in at least the areas of reading, mathematics, and science.
(4) Annual data collection and analysis. The ongoing needs assessment process shall include provisions for collecting and analyzing annual assessment data on the state indicators, other locally determined indicators, and locally established student learning goals.
(5) Annual improvement goals. The board, with input from its school improvement advisory committee, shall adopt annual improvement goals based on data from at least one districtwide assessment. The goals shall describe desired annual increase in the curriculum areas of, but not limited to, mathematics, reading, and science achievement for all students, for particular subgroups of students, or both. Annual improvement goals may be set for the early intervention program as described in subrule 12.5(18), other state indicators, locally determined indicators, locally established student learning goals, other curriculum areas, future student employability, or factors influencing student achievement.
c. Content standards and benchmarks.
(1) Policy. The board shall adopt a policy outlining its procedures for developing, implementing, and evaluating its total curriculum. The policy shall describe a process for establishing content standards, benchmarks, performance levels, and annual improvement goals aligned with needs assessment information.
(2) Content standards and benchmarks. The board shall adopt clear, rigorous, and challenging content standards and benchmarks in reading, mathematics, and science to guide the learning of students from the date of school entrance until high school graduation. Included in the local standards and benchmarks shall be the core content standards from Iowa’s approved standards and assessment system under the applicable provisions of the federal Elementary and Secondary Education Act. Standards and benchmarks may be adopted for other curriculum areas defined in 281—Chapter 12, Division V. The comprehensive school improvement plan submitted to the department shall contain, at a minimum, the core content standards for reading, mathematics, and science. The educational program as defined in 281—Chapter 12, Division II, shall incorporate career education, multicultural and gender fair education, technology integration, global education, higher–order thinking skills, learning skills, and communication skills as outlined in subrules 12.5(7), 12.5(8), 12.5(10), and 12.5(11), and subparagraph 12.8(1)“c”(1).
d. Determination and implementation of actions to meet the needs. The comprehensive school improvement plan shall include actions the school or school district shall take districtwide in order to accomplish its long–range and annual improvement goals as required in Iowa Code section 280.12(1)“b.”
(1) Actions shall include, but are not limited to, addressing the improvement of curricular and instructional practices to attain the long–range goals, annual improvement goals, and the early intervention goals as described in subrule 12.5(18).
(2) A school or school district shall document consolidation of state and federal resources and requirements, as appropriate, to implement the actions in its comprehensive school improvement plan. State and federal resources shall be used, as applicable, to support implementation of the plan.
(3) A school or school district may have building–level action plans, aligned with its comprehensive school improvement plan. These may be included in the comprehensive school improvement plan or kept on file at the local level.
e. Evaluation of the comprehensive school improvement plan. A school or school district shall develop strategies to collect data and information to determine if the plan has accomplished the goals for which it was established.
f. Assessment of student progress. Each school or school district shall include in its comprehensive school improvement plan provisions for districtwide assessment of student progress for all students. The plan shall identify valid and reliable student assessments aligned with local content standards, which include the core content standards referenced in subparagraph 12.8(1)“c”(2). These assessments are not limited to commercially developed measures. School districts receiving early intervention funding described in subrule 12.5(18) shall provide for diagnostic reading assessments for kindergarten through grade 3 students.
(1) State indicators. Using at least one districtwide assessment, a school or school district shall assess student progress on the state indicators in, but not limited to, reading, mathematics, and science as specified in subrule 12.8(3). At least one districtwide assessment shall allow for, but not be limited to, the comparison of the school or school district’s students with students from across the state and in the nation in reading, mathematics, and science. A school or school district shall use additional assessments to measure progress on locally determined content standards in at least reading, mathematics, and science.
(2) Performance levels. A school or school district shall establish at least three performance levels on at least one districtwide valid and reliable assessment in the areas of reading and mathematics for at least grades 4, 8, and 11 and science in grades 8 and 11 or use the achievement levels as established by the Iowa Testing Program to meet the intent of this subparagraph (2).
g. Assurances and support. A school or school district shall provide evidence that its board has approved and supports the five–year comprehensive school improvement plan and any future revisions of that plan. This assurance includes the commitment for ongoing improvement of the educational system.
12.8(2) Submission of a comprehensive school improvement plan. A school or school district shall submit to the department and respective area education agency a multiyear comprehensive school improvement plan on or before September 15, 2000. Beginning July 1, 2001, a school or school district shall submit a revised five–year comprehensive school improvement plan by September 15 of the school year following the comprehensive site visit specified in Iowa Code section 256.11 which incorporates, when appropriate, areas of improvement noted by the school improvement visitation team as described in subrule 12.8(4). A school or school district may, at any time, file a revised comprehensive school improvement plan with the department and respective area education agency.
12.8(3) Annual reporting requirements. A school or school district shall, at minimum, report annually to its local community about the progress on the state indicators and other locally determined indicators.
a. State indicators. A school or school district shall collect data on the following indicators for reporting purposes:
(1) The percentage of all fourth, eighth, and eleventh grade students achieving proficient or higher reading status using at least three achievement levels and by gender, race, socioeconomic status, students with disabilities, and other subgroups as required by state or federal law.
(2) The percentage of all fourth, eighth, and eleventh grade students achieving proficient or higher mathematics status using at least three achievement levels and for gender, race, socioeconomic status, students with disabilities, and other subgroups as required by state or federal law.
(3) The percentage of all eighth and eleventh grade students achieving proficient or higher science status using at least three achievement levels.
(4) The percentage of students considered as dropouts for grades 7 to 12 by gender, race, students with disabilities, and other subgroups as required by state or federal law.
(5) The percentage of high school seniors who intend to pursue postsecondary education/training.
(6) The percentage of high school students achieving a score or status on a measure indicating probable postsecondary success. This measure should be the measure used by the majority of students in the school, school district, or attendance center who plan to attend a postsecondary institution.
(7) The percentage of high school graduates who complete a core program of four years ofEnglish–language arts and three or more years each of mathematics, science, and social studies.
b. Annual progress report. Each school or school district shall submit an annual progress report to its local community, its respective area education agency, and the department. That report shall be submitted to the department by September 15, 2000, and by September 15 every year thereafter. The report shall include, but not be limited to, the following information:
(1) Baseline data on at least one districtwide assessment for the state indicators described in subrule 12.8(3). Every year thereafter the school or school district shall compare the annual data collected with the baseline data. A school or school district is not required to report to the community about subgroup assessment results when a subgroup contains fewer than ten students at a grade level. A school or school district shall report districtwide assessment results for all enrolled and tuitioned–in students.
(2) Locally determined performance levels for at least one districtwide assessment in, at a minimum, the areas of reading, mathematics, and science. Student achievement levels as defined by the Iowa Testing Program may be used to fulfill this requirement.
(3) Long–range goals to improve student achievement in the areas of, but not limited to, reading, mathematics, and science.
(4) Annual improvement goals based on at least one districtwide assessment in, at a minimum, the areas of reading, mathematics, and science. One annual improvement goal may address all areas, or individual annual improvement goals for each area may be identified. When a school or school district does not meet its annual improvement goals for one year, it shall include in its annual progress report the actions it will take to meet annual improvement goals for the next school year.
(5) Data on multiple assessments for reporting achievement for all students in the areas of reading and mathematics by September 15, 2001, and for science by September 15, 2003.
(6) Results by individual attendance centers, as appropriate, on the state indicators as stated in subrule12.8(3) and any other locally determined factors or indicators. An attendance center, for reporting purposes, is a building that houses students in grade 4 or grade 8 or grade 11.
(7) Progress with the use of technology as required by Iowa Code section 295.3. This requirement does not apply to accredited nonpublic schools.
(8) School districts are encouraged to provide information on the reading proficiency of kindergarten through grade 3 students by grade level. However, all school districts receiving early intervention block grant funds shall report to the department the progress toward achieving their early intervention goals.
(9) Other reports of progress as the director of the department requires and other reporting requirements as the result of federal and state program consolidation.
12.8(4) Comprehensive school improvement and the accreditation process. All schools and school districts having accreditation on August 18, 1999, are presumed accredited unless or until the state board takes formal action to remove accreditation. The department shall use a Phase I and a Phase II process for the continued accreditation of schools and school districts as defined in Iowa Code section 256.11(10).
a. Phase I. The Phase I process includes ongoing monitoring by the department of each school and school district to determine if it is meeting the goals of its comprehensive school improvement plan and meeting the accreditation standards. Phase I contains the following two components:
(1) Annual comprehensive desk audit. This audit consists of a review by the department of a school or school district’s annual progress report. The department shall review the report as required by subrule 12.8(3) and provide feedback regarding the report. The audit shall also include a review by the department of other annual documentation submitted by a school or school district as required for compliance with the educational standards in Iowa Code section 256.11 and other reports required by the director.
When the department determines a school or school district has areas of noncompliance, the department shall consult with the school or school district to determine what appropriate actions shall be taken by the school or school district. The department shall facilitate technical assistance when requested. When the department determines that a school or school district has not met compliance with one or more accreditation standards within a reasonable amount of time, the school or school district shall submit an action plan that is approved by the department. The action plan shall contain reasonable timelines for coming into compliance. If the department determines that the school or school district is not taking the necessary actions, the director of the department may place the school or school district in a Phase II accreditation process.
If a school or school district does not meet its stated annual improvement goals for at least two consecutive years in the areas of mathematics and reading and is not taking corrective steps, the department shall consult with the school or school district and determine whether a self–study shall be required. The department shall facilitate technical assistance when needed. The self–study shall include, but is not limited to, the following:
1. A review of the comprehensive school improvement plan.
2. A review of each attendance center’s student achievement data.
3. Identification of factors that influenced the lack of goal attainment.
4. Submission of new annual improvement goals, if necessary.
5. Submission, if necessary, of a revised comprehensive school improvement plan.
Upon completion of a department–required self–study, the department shall collaborate with the school or school district to determine whether one or more attendance centers are to be identified as in need of improvement. For those attendance centers identified as being in need of improvement, the department shall facilitate technical assistance.
When a school or school district has completed a required self–study and has not met its annual improvement goals for at least two or more consecutive years, the department may conduct a site visit. When a site visit occurs, the department shall determine if appropriate actions were taken. If the site visit findings indicate that appropriate actions were taken, accreditation status shall remain.
(2) Comprehensive site visit. A comprehensive site visit shall occur at least once every five years as required by Iowa Code section 256.11(10) or before, if requested by the school or school district. The purpose of a comprehensive site visit is to assess progress with the comprehensive school improvement plan, to provide a general assessment of educational practices, to make recommendations with regard to the visit findings for the purposes of improving educational practices above the level of minimum compliance, and to determine that a school or school district is in compliance with the accreditation standards. The department and the school district or school may coordinate the accreditation with activities of other accreditation associations. The comprehensive site visit shall include the following components:
1. School improvement site visit team. The department shall determine the size and composition of the school improvement site visit team. The team shall include members of the department staff and may include other members such as, but not limited to, area education agency staff, postsecondary staff, and other school district or school staff.
2. Previsit actions. The school improvement team shall review the five–year comprehensive school improvement plan, annual progress reports, and any other information requested by the department.
3. The site visit report. Upon review of documentation and site visit findings, the department shall provide a written report to the school or school district based on the comprehensive school improvement plan and other general accreditation standards. The report shall state areas of strength, areas in need of improvement, and areas, if any, of noncompliance. For areas of noncompliance, the school or school district shall submit, within a reasonable time frame, an action plan to the department. The department shall determine if the school or school district is implementing the necessary actions to address areas of noncompliance. If the department determines that the school or school district is not taking the necessary actions, the director of the department may place the school or school district in a Phase II accreditation process.
b. Conditions under which a Phase II visit may occur. A Phase II accreditation process shall occur if one or more of the following conditions exist:
(1) When either the annual monitoring or the comprehensive site visit indicates that a school or school district is deficient and fails to be in compliance with accreditation standards;
(2) In response to a petition filed with the director of the department requesting such a committee visitation that is signed by 20 percent or more of the registered voters of a school district;
(3) In response to a petition filed with the director of the department requesting such a committee visitation that is signed by 20 percent or more of the families having enrolled students in a school or school district;
(4) At the direction of the state board of education; or
(5) Upon recommendation of the school budget review committee for a district that exceeds its authorized budget or carries a negative unspent balance for at least two consecutive years.
c. The Phase II process. The Phase II process shall consist of monitoring by the department. This monitoring shall include the appointment of an accreditation committee to complete a comprehensive review of the school or school district documentation on file with the department. The accreditation committee shall complete one or more site visits. The Phase II process shall include the following components:
(1) Accreditation committee. The director of the department shall determine accreditation committee membership. The chairperson and majority of the committee shall be department staff. The committee may also include at least one representative from another school or school district, AEA staff, postsecondary education staff, board members, or community members. No member of an accreditation committee shall have a direct interest, as determined by the department, in the school or school district involved in the Phase II process. The accreditation committee shall have access to all documentation obtained from the Phase I process.
(2) Site visit. The accreditation committee shall conduct one or more site visits to determine progress made on noncompliance issues.
(3) Accreditation committee actions. The accreditation committee shall make a recommendation to the director of the department regarding accreditation status of the school or school district. This recommendation shall be contained in a report to the school or school district that includes areas of strength, areas in need of improvement, and, if any, the areas still not in compliance. The committee shall provide advice on available resources and technical assistance for meeting the accreditation standards. The school or school district may respond in writing to the director if it does not agree with the findings in the Phase II accreditation committee report.
(4) State board of education actions. The director of the department shall provide a report and a recommendation to the state board as a result of the Phase II accreditation committee visit and findings. The state board shall determine accreditation status. When the state board determines that a school or school district shall not remain accredited, the director of the department shall collaborate with the school or school district board to establish an action plan that includes deadlines by which areas of noncompliance shall be corrected. The action plan is subject to approval by the state board.
(5) Accreditation status. During the period of time the school or school district is implementing the action plan approved by the state board, the school or school district shall remain accredited. The accreditation committee may revisit the school or school district and determine whether the areas of noncompliance have been corrected. The accreditation committee shall report and recommend one of the following actions:
1. The school or school district shall remain accredited.
2. The school or school district shall remain accredited under certain specified conditions.
3. The school or school district shall have its accreditation removed as outlined in Iowa Code section 256.11(12).
The state board shall review the report and recommendation, may request additional information, and shall determine the accreditation status and further actions required by the school or school district as outlined in Iowa Code section 256.11(12).
DIVISION IX
EXEMPTION REQUEST PROCESS
281—12.9(256) General accreditation standards exemption request. A school or school district may seek department approval for an exemption as stated in Iowa Code sections 256.9(48) and 256.11(8). The school or school district shall submit the exemption request to the director of the department with, at a minimum, the following: (1) the written request and (2) the standard exemption plan as described in subrule 12.9(1). For the 1999–2000 school year, the written request and plan shall be submitted before October 1, 1999. For subsequent school years, the written request and plan shall be submitted on or before January 1 preceding the beginning of the school year for which the exemption is sought. The exemption request may be approved for a time period not to exceed five years. The department may approve, on request of the school or school district, an extension of the exemption beyond the initial five–year period. The department shall notify the school or school district of the approval or denial of its exemption request not later than March 1 of the school year in which the request was submitted.
12.9(1) General accreditation standards exemption plan. The plan shall contain, but is not limited to, the following components:
a. The standard or standards for which the exemption is requested.
b. A rationale for each general accreditation standard identified in paragraph “a.” The rationale shall describe how the approval of the request will assist the school or school district to improve student achievement or performance as described in its comprehensive school improvement plan.
c. The sources of supportive research evidence and information, when appropriate, that were analyzed and used to form the basis of each submitted rationale.
d. How the school or school district staff collaborated with the local community or with the school improvement advisory committee about the need for the exemption request.
e. Evidence that the board approved the exemption request.
f. A list of the indicators that will be measured to determine success.
g. How the school or school district will measure the success of the standards exemption plan on improving student achievement or performance.
In its annual progress report as described in paragraph 12.8(3)“b,” the school or school district that receives an exemption approval shall include data to support increased student learning, achievement, or performance that has resulted from the approved standards exemption.
12.9(2) General accreditation standards exemption request and exemption plan review criteria. The department shall use the information provided in the written request and exemption plan as described in subrule 12.9(1) to determine approval or denial of requests for exemptions from the general accreditation standards. The department will use the following criteria for approval or denial of an exemption plan:
a. Components “a” through “g” listed in subrule 12.9(1) are addressed.
b. Clarity, thoroughness, and reasonableness are evident, as determined by the department, for each component of the accreditation standards exemption plan.
These rules are intended to implement Iowa Code sections 256.11, 280.23, and 256.7(21).
[Filed 3/4/88, Notice 7/15/87—published 3/23/88, effective 4/27/88*]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed emergency 7/7/89—published 7/26/89, effective 7/7/89]
[Filed 10/13/89, Notice 7/26/89—published 11/1/89, effective 12/6/89]
[Filed 9/13/91, Notice 2/6/91—published 10/2/91, effective 11/6/91]
[Filed 1/15/93, Notice 9/16/92—published 2/3/93, effective 3/10/93]
[Filed 2/11/94, Notice
10/27/93—published 3/2/94, effective 4/6/94]
[Filed 11/17/94, Notice 9/28/94—published 12/7/94, effective 1/11/95]
[Filed 10/24/97, Notice 8/27/97—published 11/19/97, effective 12/24/97]
[Filed 6/25/99, Notice 4/7/99—published 7/14/99, effective 8/18/99]
[Filed 1/16/01, Notice 10/4/00—published 2/7/01, effective 3/14/01]
[Filed 8/10/01, Notice 4/18/01—published 9/5/01, effective 10/10/01]
[Filed 11/16/05, Notice 9/28/05—published 12/7/05, effective 1/11/06]
[Filed 5/10/07, Notice 3/28/07—published 6/6/07, effective 7/11/07]
[Filed 11/14/07, Notice 8/15/07—published 12/5/07, effective 1/9/08]à
[Filed 11/14/07, Notice 10/10/07—published 12/5/07, effective 1/9/08]
[Filed 2/8/08, Notice 12/19/07—published 2/27/08, effective 4/2/08]
[Filed 4/3/08, Notice
10/10/07—published 4/23/08, effective 5/28/08]
[Prior to 9/7/88, see Public Instruction Department(670) Ch 7]
Rescinded IAB 5/11/94, efective 6/15/94
CHAPTER 13
INTER–DISTRICT SHARING
Reserved
CHAPTER 14
SHARED TIME
[Prior to 9/7/88, see Public Instruction Department[670] Ch 7]
Rescinded IAB 5/11/94, effective 6/15/94
chapter 15
USE OF TELECOMMUNICATIONS FOR INSTRUCTION BY SCHOOLS
281—15.1(256) Purpose. It is the purpose of this chapter to give guidance and direction for the use of telecommunications as an instructional tool for students enrolled in kindergarten through grade 12 who are served by school districts, accredited nonpublic schools, area education agencies, merged area schools, institutions under the governance of the state board of regents, and independent colleges and universities in elementary and secondary school classes and courses.
“Appropriately licensed and endorsed” indicates possession of current and valid licensure by the Iowa board of educational examiners to practice at a prescribed educational level in a specified content area.
“Class size” refers to the total group taught during a time period by a teacher or teaching team with students at one or more sites.
“Department” means the department of education.
“Exclusive instruction” means without the use of any other form of instructional delivery.
“Nonexclusive instruction” provides more than one means for interaction between teacher and student.
281—15.3(256) lnteractivity. Courses delivered primarily via telecommunications shall employ live interactive systems which allow at a minimum one–way video and two–way audio communication. An annual waiver may be granted by the department for a telecommunications system that does not include audio but has an alternative contemporaneous, interactive communication ability and is consistent with sound instructional practice.
281—15.4(256) Course eligibility. Telecommunications may be employed as a means to deliver any course, including a course required for accreditation by the department, provided it is not the exclusive means of instructional delivery.
281—15.5(256) Teacher preparation and accessibility. A teacher appropriately licensed and endorsed for the educational level and content area being taught shall be present and responsible for the instructional program at the receiving site if a presenter of material transmitted via telecommunications is not an appropriately licensed and endorsed teacher for the educational level and content area. If a presenter of material transmitted via telecommunications is an appropriately licensed and endorsed teacher for the educational level and content area, a supervising teacher, or aide to whom a supervising teacher is readily available for consultation, shall supervise and monitor the curriculum and students, and be readily accessible to the students. Prior to being assigned initially to deliver instruction via telecommunications, a teacher shall receive training regarding effective practices which enhance learning by telecommunications.
281—15.6(256) School responsibilities. Each board of a local school district or a nonpublic school employing telecommunications for instruction shall develop policies relative to the use of telecommunications in the delivery of the educational program that are consistent with effective clinical practice. The local school district or nonpublic school shall report its use of telecommunications for instruction annually to the department on forms provided by the department. This report shall include:
1. To whom the instruction was delivered including class size, type of class (such as seminar or lecture), and grade level;
2. The course description and schedule of instruction;
3. The number, assignment, licensure including the licensing folder number, and the training received regarding effective practices which enhance learning by telecommunications of all staff involved in the teaching/learning process at both the origination and the receiving sites.
These rules are intended to implement Iowa Code subsection 256.7(9).
[Filed 4/13/90, Notice 1/10/90—published 5/2/90, effective 6/6/90]
STATEWIDE VOLUNTARY PRESCHOOL PROGRAM
281—16.1(82GA,HF877) Purpose. Statewide voluntary preschool programs are established to create high–quality early learning environments for four–year–old children whose families choose to access such programs. The purpose of the program is to provide an opportunity for all young children in the state to enter school ready to learn by expanding voluntary access to quality preschool curricula for all children who are four years old. These rules set forth the procedures and conditions under which state funds shall be made available to assist local school districts in the implementation of voluntary preschool programs.
281—16.2(82GA,HF877) Definitions.
“Applicant” means a school district applying to become an approved local program. Only public school districts in Iowa may apply for state funds under this chapter.
“Approved local program” means a school district’s voluntary preschool program approved by the department of education to provide high–quality preschool instruction for eligible children.
“Assessment” means a systematic ongoing procedure for obtaining information from observations, interviews, portfolios, and tests that can be used to make judgments about the strengths and needs of individual children and plan appropriate instruction.
“Base year” means the same as defined in Iowa Code section 257.2.
“Budget year” means the same as defined in Iowa Code section 257.2.
“Community empowerment area board” means a citizen–led board in local communities with broad representation to lead collaborative efforts involving education, health, and human service programs and services for young children and their families in the geographic area.
“Comprehensive services” means the provision of quality, developmentally appropriate early learning experiences consistent with age–relevant abilities or milestones; extended day child care services; developmental screenings, including health, hearing, and vision screenings; transportation; and family education and support services.
“Curriculum” means a research–based or evidence–based written framework that is comprehensive, addresses the needs of the whole child, and provides a guide for decision making about content, instructional methods, and assessment.
“Department” means the department of education.
“Developmentally appropriate” means practices that are based upon knowledge of how children develop and learn and that are responsive to the individual child’s learning strengths, interests, and needs.
“Director” means the director of the department of education.
“Early childhood special education” or “ECSE” means special education and related services for those individuals younger than six years of age as described in 281—Chapter 41.
“Eligible child” means a child who is a resident of Iowa and is four years of age on or before September 15 of the school year. If space and funding are available, a school district approved to participate in the preschool program may enroll a child who is younger or older than four years of age in the preschool program; however, the child shall not be counted for state funding purposes.
“Family education and support” means any developmentally appropriate activity or information, provided either formally or informally to parents, that supports the success of children and their families to reach desired results.
“Include” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.
“Individuals with Disabilities Education Act” or “IDEA” refers to 20 U.S.C. §1401 et seq., formerly the Education of the Handicapped Act (EHA). The federal regulations implementing IDEA are found at 34 CFR Parts 300 and 303.
“Para–educator” means a certified educational assistant as defined in Iowa Code section 272.1(6) and licensed under 282—Chapter 22.
“Prekindergarten program” means an education program offered by a school district or by an accredited nonpublic school as defined in 281—subrule 12.5(1).
“Preschool budget enrollment” means the figure that is equal to 60 percent of the actual enrollment of eligible students who receive preschool program services provided by a school district approved to participate in the preschool program by the date provided in Iowa Code section 257.6.
“Preschool foundation aid” means the product of the regular program state cost per pupil for the budget year multiplied by the school district’s preschool budget enrollment. Preschool foundation aid is based on enrollment of eligible students in the school district’s approved program regardless of whether an eligible student is a resident of the school district of enrollment.
“Preschool program” means the statewide voluntary preschool program for four–year–old children created in 2007 Iowa Acts, House File 877.
“Program standards” means the expectations for the characteristics or quality of early childhood settings, centers, and schools approved by the department. Approved program standards include National Association for the Education of Young Children (NAEYC) Program Standards and Accreditation Criteria, Head Start Program Performance Standards, the Iowa Quality Preschool Program Standards (QPPS) and Criteria, or other approved program standards as determined by the department.
“Regular program state cost per pupil” means the same as described in Iowa Code section 257.9.
“School district” means the same as defined in Iowa Code section 257.2.
“Staff member” means an individual who implements preschool activities under the direct supervision of a teacher. Staff members include para–educators, teacher aides and teacher associates. All staff members shall meet the program standards defined herein.
“Teacher” means an individual who holds a valid practitioner’s license issued by the board of educational examiners under Iowa Code chapter 272 and holds an endorsement from the board of educational examiners that includes prekindergarten or kindergarten. There is no requirement that the teacher be an employee of the applicant district; the teacher may be employed by a private provider or other public agency with which the district has entered into an agreement or contract under Iowa Code chapter 28E.
281—16.3(82GA,HF877) Preschool program standards. Approved program standards include Head Start Program Performance Standards, Iowa Quality Preschool Program Standards and Criteria, or the National Association for the Education of Young Children Program Standards and Accreditation Criteria. All approved local preschool programs shall adopt preschool program standards and, in addition, shall meet the following requirements:
16.3(1) Personnel. A minimum of one teacher shall be present with eligible children during the voluntary preschool program instructional time.
16.3(2) Ratio of staff to children. There must be at least one teacher present in a classroom during the instructional time described in subrule 16.3(4). A minimum of one staff member and one teacher shall be present when 11 to 20 children are present. Staff members and teachers shall have reasonable line–of–sight supervision of all children.
16.3(3) Maximum class size. There shall be no more than 20 children per classroom.
16.3(4) Instructional time. Eligible children shall receive from the teacher at least ten hours per week of intentional instruction individualized to meet the needs of the child and directly related to the program’s curriculum, such time to be exclusive of recess.
16.3(5) Child learning standards. The preschool program shall demonstrate how the curriculum, assessment, staff development, and instructional strategies are aligned to the Iowa Early Learning Standards. The teacher shall provide instruction on the skills and knowledge included in the Iowa Early Learning Standards.
16.3(6) Curriculum. The preschool program shall adopt a research–based or evidence–based curriculum.
16.3(7) Assessment. The preschool program shall adopt a research–based or evidence–based assessment to provide information on children’s learning and development.
16.3(8) Staff development. The district shall make available to any teacher of a statewide voluntary preschool program who is not employed by the district staff development that the district offers to the district’s personnel to maintain the skills appropriate to the teacher’s role. Career development for school district preschool teachers shall be addressed in the school district’s career development plan implemented in accordance with Iowa Code section 284.6. The school district shall ensure that staff members for the program are provided appropriate staff development in early childhood education.
16.3(9) Space. The preschool program shall provide adequate and appropriate space and facilities in accordance with program standards.
16.3(10) Materials. The preschool program shall provide instructional materials and supplies consistent with the program standards and Iowa Early Learning Standards.
16.3(11) Meals. The preschool program shall provide adequate and appropriate meals or snacks in accordance with program standards.
16.3(12) Parent involvement. The preschool program shall involve families through at least one home visit by the licensed teacher of the child, one family night, and at least two family–teacher conferences per year. Family involvement may include volunteering in the classroom, orientation to the preschool program, parent education, general communications, or other activities.
16.3(13) Integration of other preschool programs. The preschool program shall make provisions for the integration of children from other state and federally funded preschool programs including Head Start, IDEA, Title I, shared visions, and community empowerment.
16.3(14) Comprehensive services. The preschool program may collaborate with other agencies for the provision of the following:
a. Quality, developmentally appropriate early learning experiences;
b. Extended day child care;
c. Transportation;
d. Developmental screening, including health, hearing, and vision screening;
e. Referral to other agencies providing health insurance, health care, immunizations, nutrition services, and mental health and oral health services; and
f. Family education and support.
281—16.4(82GA,HF877) Collaboration requirements.
16.4(1) Teacher requirements. The teacher shall collaborate with other agencies, organizations, and boards in the community to further the program’s capacity to meet the diverse needs of eligible children and their families. The teacher shall assist families in identifying and accessing available resources such as those described in subrule 16.3(14).
16.4(2) Program requirements. Preschool programs shall collaborate with participating families, early care providers, and community partners, including community empowerment area boards, Head Start programs, shared visions, and other programs provided under the auspices of the child development coordinating council; licensed child care centers; registered child development homes; area education agencies; child care resource and referral services provided under Iowa Code section 237A.26; early childhood special education programs; services funded by Title I of the federal Elementary and Secondary Education Act of 1965; and family support programs, to make available resources, including those described in subrule 16.3(14), required to meet the needs of the child. Preschool programs shall collaborate to ensure that children receiving care from other approved child care arrangements can participate in the voluntary preschool program with minimal disruptions to the child.
16.4(3) District requirements. The school district shall submit a collaborative application that demonstrates the involvement of multiple community stakeholders, including, as applicable, parents; other school districts; accredited nonpublic schools and faith–based representatives; the area education agency; the community empowerment area board; representatives of business, Head Start programs, shared visions and other programs provided under the auspices of the child development coordinating council; center–based and home–based providers of child care services, human services, public health, and economic development programs.
The methods by which such collaboration may be demonstrated include providing documentation of the development and maintenance of collaboration with community providers and other community stakeholders, evidence of a public hearing, collaboration agreements addressing operational procedures and other critical measures or assurances. The collaboration agreements between a school district and community–based providers of services may include four–year–old children who are enrolled in a child care center or child development home licensed or registered under Iowa Code chapter 237A, or in an existing public or private preschool program provided by the school district’s local preschool program.
281—16.5(82GA,HF877) Applications for funding. All applications shall be submitted on forms provided by the department, and shall address the requirements found in rules 16.3(82GA,HF877), 16.4(82GA,HF877), and 16.13(82GA,HF877). Applicants shall submit a plan describing how they will fully meet the program standards within one year of the funding award. Points shall be awarded based on the applicant’s provision of the following information:
1. Preschool program summary;
2. Research documentation;
3. Identification and documentation of local population;
4. Needs assessment of local programs providing services;
5. Evidence of collaboration with local agencies to provide comprehensive services; and
6. Letters of community support.
281—16.6(82GA,HF877) Application process.
16.6(1) Request for applications.
a. The department shall announce the commencement of the application period through public notice on the department’s Web site and the department’s regular monthly electronic publication.
b. Applications for preschool program funding shall be available on the department’s Web site and otherwise distributed by the department upon request.
c. All applications shall be submitted to the department in accordance with instructions accompanying the applications.
16.6(2) Application process.
a. Applications that do not contain the specified information or that are not received by the specified date shall not be considered.
b. The department shall have the final discretion to award funds.
16.6(3) Notification of applicants. The department shall notify all applicants within 45 days following the due date for receipt of applications whether their requests shall be funded. The department shall provide to each successful applicant a contract to be signed by an official with authority to bind the applicant and to be returned to the department prior to the distribution of any funds under this program.
281—16.7(82GA,HF877) Award contracts. Funds for applications approved by the department shall be awarded through a contract entered into by the department and the approved local program.
281—16.8(82GA,HF877) Contract termination.
16.8(1) Termination for convenience. The contract may be terminated in whole or in part when both parties agree that the continuation of the project would not produce beneficial results commensurate with the future expenditure of funds. The parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The applicant shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible.
16.8(2) Termination for cause. The contract may be terminated in whole or in part at any time before the date of completion whenever it is determined by the department that the applicant has failed to comply substantially with the conditions of the contract. The applicant shall be notified in writing by the department of the reasons for the termination and the effective date. The applicant shall not incur new obligations for the terminated portion after the effective date of termination and shall cancel as many outstanding obligations as possible.
The department shall administer preschool program grants contingent upon availability of funding. If there is a lack of funds necessary to fulfill the fiscal responsibility of the preschool program grants, the contracts shall be terminated or renegotiated. The department may terminate or renegotiate a contract upon 30 days’ notice when there is a reduction of funds by executive order.
The contract may be terminated in whole or in part by June 30 of the current fiscal year in the event that the applicant has not attained the program standards.
16.8(3) Responsibility of applicant at termination. Within 45 days of the termination, the applicant shall supply the department with a financial statement detailing all costs incurred up to the effective date of the termination. If the applicant expends moneys for other than specified budget items approved by the department, the applicant shall return moneys for unapproved expenditures.
281—16.9(82GA,HF877) Criteria for applications for funding. For the fiscal years in the period beginning July 1, 2007, and ending June 30, 2011, if the number of requests from school districts for initial participation in the preschool program exceeds the funding made available for the preschool program, the department shall utilize all of the following selection criteria in selecting the school districts that will be approved to participate in the preschool program:
16.9(1) Priority shall be given to school districts that have a high percentage of children in poverty, and such children shall receive first priority for the programs. Poverty shall be measured by the percentage of the elementary students in the applicant district who qualify for free or reduced price meals.
16.9(2) Priority shall be given to school districts that do not have existing preschool programming within the school district boundaries.
16.9(3) Consideration shall be given to school districts with established, high–quality community partnerships for the delivery of preschool program services that are seeking to expand access.
16.9(4) Consideration shall be given to the size of school districts in large, medium, and small categories in order for there to be equitable statewide distribution of preschool program services.
16.9(5) Only those applicants that certify the following assurances shall be considered for funding:
a. That the applicant has or will have an appropriately licensed teacher available for the program by October 1 of the school year for which funding is sought.
b. That the applicant has or will have sufficient numbers of staff available for the program by October 1 of the school year for which funding is sought.
c. That the applicant’s program is or will be operational by October 1 of the school year for which funding is sought.
d. That, during the instructional time described in subrule 16.3(4), instruction shall be delivered in accordance with the applicant’s curriculum and with the child learning standards described in subrule 16.3(5).
281—16.10(82GA,HF877) Appeal of application denial or termination. Any applicant may appeal to the director of the department the denial of a properly submitted preschool program funding application or the unilateral termination of an approved application. The jurisdictional criteria and procedures found in 281—Chapter 7 shall be applicable to any appeal of denial or termination.
281—16.11(82GA,HF877) Finance.
16.11(1) Preschool foundation aid amounts to districts.
a. For the initial school year for which a school district approved to participate in the preschool program receives that approval and implements the preschool program, the funding for the preschool foundation aid payable to that school district shall be paid from the appropriation made for that school year in accordance with 2007 Iowa Acts, House File 877, section 6. For that school year, the preschool foundation aid payable to the school district is the product of the regular program state cost per pupil for the school year multiplied by 60 percent of the school district’s eligible student enrollment on a specific date in the school year determined by rule. An eligible child is not required to be a resident of the district in which the child is enrolled voluntarily in the approved local program.
b. For budget years subsequent to the initial school year for which a school district approved to participate in the preschool program receives that approval and implements the preschool program, the funding for the preschool foundation aid payable to that school district shall be paid from the appropriation made in accordance with Iowa Code section 257.16 as amended by 2007 Iowa Acts, House File 877, section 8, except that an eligible child is not required to be a resident of the district in which the child is enrolled voluntarily in the approved local program.
16.11(2) Aid payments. Preschool foundation aid shall be paid as part of the state aid payments made to school districts in accordance with Iowa Code section 257.16 as amended by 2007 Iowa Acts, House File 877, section 8, except that an eligible child is not required to be a resident of the district in which the child is enrolled voluntarily in the approved local program.
16.11(3) Commingling prohibited. No state funding received under this program shall be commingled with other state aid payments made under Iowa Code section 257.16 as amended by 2007 Iowa Acts, House File 877, section 8. All state funding received under this program shall be accounted for by the applicant district separately from other state aid payments.
16.11(4) Restriction on supplanting. State funding received under this program shall be used to supplement, not supplant, other public funding received by the applicant district as the result of the participation of any eligible children if the program is funded from another state or federal source such as Head Start, shared visions, state child care assistance, or community empowerment. This restriction is applicable only for costs related to instructional time as described in subrule 16.3(4).
281—16.12(82GA,HF877) Transportation. Children participating in preschool in an approved local program under 2007 Iowa Acts, House File 877, may be provided transportation services. However, transportation services provided to such children are not eligible for reimbursement under this chapter.
281—16.13(82GA,HF877) Accountability requirements. An approved local program shall meet the program requirements for increased school readiness specified in rule 16.3(82GA,HF877). The program requirements are minimum standards. The department encourages approved local programs to exceed the minimum standards as programs work toward ongoing improvement.
16.13(1) Annual reports. Each approved local program shall provide on forms provided by the department an annual report to the department regarding program requirements. Failure to submit an annual report by the date specified therein shall result in suspension of financial payments to the applicant until such time as the report is received by the department.
16.13(2) Performance measures. The approved local program shall collect data on all of the following:
a. The number of eligible children participating in the preschool program.
b. The number of eligible children participating in a program that meets the requirements of NAEYC, Head Start, or Iowa Quality Preschool Program Standards and Criteria.
c. The curriculum.
d. The assessment as defined in rule 16.2(82GA,HF877).
e. The number of teachers.
f. The kindergarten literacy assessment as defined in Iowa Code section 279.60.
281—16.14(82GA,HF877) Monitoring. The department shall develop a monitoring systembased on the annual reporting requirements and performance measures described in rule 16.13(82GA,HF877) to be implemented no later than one year after funding is first provided under this chapter. The monitoring system shall ensure that programs meet the provisions herein requiring a properly licensed teacher and adoption of program standards and shall be designed to follow the academic progress of children who voluntarily participate in the statewide preschool program as the children progress through elementary and secondary grade levels. If feasible, it is the intent of the department to include postsecondary monitoring of such children.
281—16.15(82GA,HF877) Open enrollment not applicable. Iowa’s open enrollment statute (Iowa Code section 282.18) is not applicable for the parent or guardian of an eligible child who desires to access an approved program in a school district not of the child’s residence. Approved programs are open to all eligible Iowa children, regardless of a child’s district of residence. Accordingly, it is neither necessary for a parent or guardian to file an open enrollment application, nor will open enrollment applications for approved preschool programs be allowed.
Participation by a child in an approved program under these rules does not provide “good cause,” as defined in Iowa Code section 282.18(4)“b,” for the child’s parent or guardian to file for open enrollment after the deadlines specified in Iowa Code section 282.18, subsections 2 and 4, by claiming continuous enrollment in the receiving district. (See also 281—subrule 17.8(7).)
These rules are intended to implement 2007 Iowa Acts, House File 877.
[Filed emergency 5/30/07—published 6/20/07, effective 7/1/07]
[Filed 9/13/07, Notice 6/20/07—published 10/10/07, effective 11/14/07]
281—17.1(282) Intent and purpose. It is the intent of Iowa Code section 282.18 to maximize parental choice in providing a wide range of educational opportunities which are not available for pupils because of where they live. It is the purpose of this chapter to give guidance and direction to parents/guardians, public school district administrators and boards in making quality decisions regarding school district choice for the education of pupils.
281—17.2(282) Definitions. For the purpose of this chapter the indicated terms are defined as follows:
“Alternative receiving district” means a district to which a parent/guardian petitions for the open enrollment of a pupil from a receiving district. An alternative receiving district could be the district of residence of the parents/guardians.
“Attendance center” means a public school building that contains classrooms used for instructional purposes for elementary, middle, or secondary school students.
“Court–ordered desegregation plan” means a plan that is under direct court order to avoid racial isolation in the district.
“Department” means the department of education.
“Director” means the director of the department of education or the director’s designee.
“Diversity plan” or “voluntary diversity plan” means a plan that is voluntarily adopted by a local school board to promote diversity and to avoid minority student isolation in the district.
“Eligible district” means a school district whose board had adopted a voluntary desegregation plan under this chapter prior to June 28, 2007.
“Minority student” shall be defined by a local school board in its diversity plan, and may include consideration of any one characteristic or a combination of any of the following characteristics except that race may not be either the sole or the determinative characteristic: socioeconomic status, ethnicity/national origin, English language learner status, or race.
“Open enrollment” is the procedure allowing a parent/guardian to enroll one or more pupils in a public school district other than the district of residence at no tuition cost.
“Receiving district” is the public school district in which a parent/guardian desires to have the pupil enrolled or the district accepting the application for enrollment of a pupil under the provisions of Iowa Code section 282.18.
“Resident district” is the district of residence for school purposes of the parent/guardian and the district in which an open enrollment pupil shall be counted for the purpose of generating state aid regardless of the district in which the pupil is enrolled.
“Sending district” is synonymous with the term resident district.
“Sibling” means a child residing primarily in the same household as the child for whom an open enrollment request is filed and who is related by adoption, blood or marriage to the child for whom an open enrollment request is filed. “Sibling” also includes a foster child who is placed in the same household as the child for whom an open enrollment request is filed.
“Socioeconomic status” means the income level of a student or the student’s family, and shall be measured by whether a student or the student’s family meets the financial eligibility criteria for free meals or reduced price meals offered under the Child Nutrition Program.
281—17.3(282) Application process. The following procedure shall be used by parents/guardians and school districts in processing open enrollment applications.
17.3(1) Parent/guardian responsibilities. On or before March 1 of the school year preceding the school year for which open enrollment is requested, a parent/guardian shall formally notify both the district of residence and the receiving district of the request for open enrollment. The request for open enrollment shall be made on forms provided by the department of education. The parent/guardian is required to indicate on the form if the request is for a pupil requiring special education, as provided by Iowa Code chapter 256B. The forms for open enrollment application are available from each public school district, area education agency, and the state department of education.
17.3(2) School district responsibilities. The board of the resident district shall take no action on an open enrollment request except for a request made under rule 17.5(282) or 17.14(282). The board of the receiving district shall act on an open enrollment request no later than June 1 of the school year preceding the school year for which the request is made.
The receiving district superintendent shall provide notification of either approval or denial of the request to the parent/guardian and to the resident district within five days of board action.
As an alternative procedure, the receiving board may by policy authorize the superintendent to approve, but not deny, applications filed on or before March 1. The board of directors of a receiving school district may adopt a policy granting the superintendent of the school district authority to approve open enrollment applications submitted after the March 1 deadline, but the board of the receiving district shall take action to approve the request if good cause exists. The board shall have the discretion to determine the scope of the authorization. The authorization may be for regular applications filed on or before March 1, good cause applications, kindergarten applications and continuation applications filed on or before September 1, or any combination that the board determines. The same timelines for approval, forwarding, and notification shall apply.
The parent/guardian may withdraw an open enrollment request anytime prior to the first day of school in the resident district. After the first day of school, an open enrollment request can only be changed during the term of the approval by the procedures of subrules 17.8(3) and 17.8(4).
The board of the receiving district shall comply with the provisions of rule 17.11(282) if the application for open enrollment is for a pupil requiring special education as provided by Iowa Code chapter 256B.
By September 30 of each school year, all districts shall notify parents of the following:
a. Open enrollment deadlines;
b. Transportation assistance;
c. That within 30 days of a denial of an open enrollment request by a district board of education, the parent/guardian may file an appeal with the state board of education only if the open enrollment request was based on repeated acts of harassment or a serious health condition of the student that the district cannot adequately address; and that all other denials must be appealed to the district court in the county in which the primary business office of the district is located; and
d. Possible loss of athletic eligibility for open enrollment pupils.
This notification may be published in a school newsletter, a newspaper of general circulation, or a parent handbook provided to all patrons of the district. This information shall also be provided to any parent/guardian of a pupil who enrolls in the district during the school year.
17.3(3) Exception to process when resident district is under voluntary or court–ordered desegregation. If the resident district has a voluntary or court–ordered desegregation plan requiring the district to maintain minority and nonminority student ratios, the request for open enrollment shall be filed solely with the district of residence on or before March 1 of the school year preceding the school year for which open enrollment is requested. The superintendent of the resident district may deny a request under this subrule unless the request is made on behalf of a student whose sibling already actively participates in open enrollment to the same receiving district to which open enrollment is sought for this student. A denial by the superintendent may be appealed to the board of the district in which the request was denied. A decision of the local board to uphold the denial may only be appealed to the district court in the county in which is located the primary business office of the district that upheld the denial of the open enrollment request.
281—17.4(282) Filing after the March 1 deadline—good cause. A parent/guardian may apply for open enrollment after the filing deadline of March 1 of the school year preceding the school year for which open enrollment is requested and before the date specified in Iowa Code section 257.6, subsection 1, of that calendar year if good cause exists for the failure to meet the deadline. Good cause is a change in the status of the pupil’s residence or a change in the status of the pupil’s resident district taking place after March 1, or the closing or loss of accreditation of a nonpublic school of attendance after March 1 resulting in the desire of the parent/guardian to obtain open enrollment for the following school year. If good cause can be established, the parent/guardian shall be permitted to apply for open enrollment in the same manner as if the deadline had been met pursuant to rule 17.3(282).
Consideration of an open enrollment request filed under the provision of good cause does not preclude the authority, as appropriate, for the resident or receiving district to administer board policy related to insufficient classroom space or the requirements of a desegregation plan or order in acting to approve or deny the request. (See subrules 17.6(2) and 17.6(3).)
17.4(1) Good cause related to change in the pupil’s residence shall include:
a. A change in the family residence due to the family’s moving from the district of residence anytime after March 1 of the school year preceding the school year for which open enrollment is requested.
b. A change in the state of residence allowing a parent/guardian moving into an Iowa school district from out of state to obtain open enrollment to a different district from their new district of residence.
c. A change in the marital status of the pupil’s parents.
d. A guardianship or custody proceeding.
e. Placement of the child in foster care.
f. Adoption.
g. Participation in a foreign exchange program.
h. Participation in a substance abuse or mental health treatment program.
17.4(2) Good cause related to change in status of the pupil’s resident district or nonpublic school of attendance shall include:
a. Reorganization action.
(1) Failure of the area education board to vote in favor of a reorganization proposal,
(2) Failure of the area education board to act on objections to exclude territory from a reorganization proposal,
(3) Failure of a reorganization election,
(4) Rescinded IAB 3/8/00, effective 4/12/00.
b. Dissolution action.
(1) Failure of a dissolution commission to make a recommendation to the board of directors,
(2) Failure of the board to take positive action on objections filed by residents of the district to a dissolution proposal,
(3) Failure of contiguous districts to accept a dissolution proposal,
(4) Failure of an election on a dissolution proposal.
c. Whole grade sharing action.
(1) Failure of the board to pursue negotiations for a whole grade sharing proposal for which it has given public notice by board action of its intent to pursue,
(2) Failure of the board to approve a request by a parent/guardian to send an affected pupil to a contiguous district rather than to the district party to the agreement,
(3) Failure of the board to extend or renew a whole grade sharing agreement,
(4) Unilateral rejection by one board of a whole grade sharing agreement prior to expiration of the term of the agreement.
d. Loss of accreditation.
(1) Removal of accreditation by the state board after March 1.
(2) Surrender of accreditation after March 1.
(3) Permanent closure of a nonpublic school after March 1.
e. Rescinded IAB 8/21/02, effective 9/25/02.
On open enrollment requests for good cause related to a change in status of the pupil’s school district of residence, action by a parent/guardian must be taken to file notification within 45 days of the last board action or within 30 days of the certification of an election, whichever circumstance is applicable.
17.4(3) Good cause shall not include:
a. Actions of a board of education in the designation of attendance centers within a school corporation and in the assignment of pupils to such centers as provided by Iowa Code section 279.11.
b. Actions of a board of education in making its own rules of government for the internal organ–ization and operation of the school corporation as provided by Iowa Code section 279.8.
17.4(4) Rescinded IAB 8/21/02, effective 9/25/02.
17.4(5) Timelines for board action on applications filed after March 1 for good cause. The board of the receiving district shall act on the request within 30 days of its receipt. The same timelines for approval, forwarding, and notification shall apply.
The receiving district superintendent shall provide notification of either approval or denial of the request to the parent/guardian and to the resident district within five days of board action.
17.4(6) If the resident district believes that the board of the receiving district approved a late–filed open enrollment request that does not meet the definition of “good cause” under Iowa Code section 282.18(4)“b,” the resident district may appeal to the director.
a. Upon affirmative vote of a majority of its board to do so, the resident district shall file a written appeal to the director within 30 days of receipt by the resident district of notification by the board of the receiving district of the approval by the receiving district of a late–filed open enrollment request. The written appeal shall state the name and grade level of the affected student, the name of the receiving district, the date of approval by the board of the receiving district, the date the resident district was notified of the approval, and a brief statement explaining why the resident district board believes there is no good cause for the request to have been filed and approved after March 1. The appeal shall be signed by the president of the board of the resident district and shall have attached to it a copy of the disputed open enrollment request and the minutes of the board meeting at which the resident district board voted to appeal. An appeal is timely filed if it is postmarked or delivered personally or via facsimile transmission to the director within the 30–day time period.
b. The director shall, upon receipt of an appeal, first attempt to mediate the dispute. If mediation is unsuccessful, the director shall schedule a telephonic hearing for the purpose of hearing testimony from both boards.
c. If a hearing is necessary, the boards may stipulate to any or all facts to be considered by the director. At the sole discretion of the director, an in–person hearing may be scheduled. The director shall issue a written decision within ten days of the hearing, upholding or reversing the decision of the board of the receiving district.
d. Within five days of the issuance of the decision of the director, the aggrieved board may appeal the decision to the state board of education under the procedures in Iowa Code chapter 290.
281—17.5(282) Filing after the March 1 deadline—harassment or serious health condition. A parent/guardian may apply for open enrollment after the filing deadline of March 1 of the school year preceding the school year for which open enrollment is requested if the parent’s/guardian’s child is the victim of repeated acts of harassment or if the child has a serious health condition that the resident district cannot adequately address. If either of these conditions exists, the parent/guardian shall be permitted to apply for open enrollment by sending notification to both the resident and receiving districts.
17.5(1) The board of the resident district shall act on the request within 30 days of its receipt. If the request is denied, the parent/guardian shall be notified by the district superintendent within 3 days following board action. If the request is approved, the district superintendent shall forward the approved application form to the receiving district within 5 days following board action and shall notify theparent/guardian within 3 days of this action. The board of the receiving district shall act to approve or deny an open enrollment request within 30 days following receipt of the notice of approval from the resident district. The receiving district superintendent shall provide notification of either approval or denial of the request to the parent/guardian and to the resident district within 15 days of board action.
17.5(2) A denial by either board of a request made under this rule involving repeated acts of harassment of the student or serious health condition of the student that the resident district cannot adequately address may be appealed by a parent/guardian to the state board of education pursuant to Iowa Code section 290.1. The state board shall exercise broad discretion to achieve just and equitable results that are in the best interest of the affected child or children.
281—17.6(282) Restrictions to open enrollment requests. A district board may exercise the following restrictions related to open enrollment requests.
17.6(1) Enrollment loss caps. Rescinded IAB 12/8/93, effective 1/12/94.
17.6(2) Voluntary diversity plans or court–ordered desegregation plans. In districts with court–ordered desegregation or voluntary diversity plans where there is a requirement to maintain minority and nonminority student ratios according to the plan, the superintendent of the district may deny a request for open enrollment if it is found that the enrollment or release of a pupil will adversely affect the district’s court–ordered desegregation plan or voluntary diversity plan. Open enrollment requests that would facilitate the court–ordered desegregation plan or voluntary diversity plan shall be given priority over other open enrollment requests received by the district. A parent/guardian whose request for open enrollment is denied by the superintendent of the district on the basis of its adverse effect on the district’s court–ordered desegregation plan or voluntary diversity plan may appeal that decision to the district board.
17.6(3) Policy on insufficient classroom space. No receiving district shall be required to accept an open enrollment request if it has insufficient classroom space to accommodate the pupil(s). Each district board shall adopt a policy which defines the term “insufficient classroom space” for that district. This policy shall establish a basis for the district to make determinations on the acceptance or denial, as a receiving district, of an open enrollment request. This policy may include, but shall not be limited to, one or more of the following: nature of the educational program, grade level, available instructional staff, instructional method, physical space, pupil–teacher ratio, equipment and materials, facilities either being planned or under construction, facilities planned to be closed, finances available, sharing agreement in force or planned, bargaining agreement in force, law or rules governing special education class size, or board–adopted district educational goals and objectives. This policy shall be reviewed annually by the district board.
17.6(4) Designation of attendance center. The right of a parent/guardian to request open enrollment is to a district other than the district of residence, not to an attendance center within the nonresident district. In accepting an open enrollment pupil, the receiving district board has the same authority it has in regard to its resident pupils as provided by Iowa Code section 279.11, to “determine the particular school which each child shall attend.” In the application process, however, the parent or guardian may request an attendance center of preference.
281—17.7(282) Open enrollment for kindergarten. While the regular time frame in requesting open enrollment is that an application should be made no later than March 1 of the school year preceding the school year for which the enrollment is requested, a parent/guardian requesting to enroll a kindergarten pupil in a district other than the district of residence may make such application on or before September 1 of that school year. In considering an application for a kindergarten pupil, the resident and the receiving district are not precluded from administering board–adopted policies related to insufficient classroom space or the requirements of a desegregation plan or order.
As an alternative procedure, the receiving board may by policy authorize the superintendent to approve, but not deny, applications filed on or before September 1 under this rule. The timelines established in rule 17.4(282) shall apply to applications for a kindergarten pupil.
281—17.8(282) Requirements applicable to parents/guardians and students.
17.8(1) Expelled or suspended students. A pupil who has been suspended or expelled by action of the administration or board of the resident district shall not be permitted to enroll if an open enrollment request is filed until the pupil is reinstated for school attendance in the resident district. Once reinstated, the application for open enrollment shall be considered in the same manner as any other open enrollment request. If a pupil for whom an open enrollment request has been filed is subsequently expelled by action of the resident district board, the pupil may be denied enrollment by the receiving district board until the pupil is reinstated for school attendance by the resident district. The provisions of this subrule shall also apply to a pupil who has been suspended or expelled in a receiving district and is requesting open enrollment to an alternative receiving district or is seeking to return to the resident district as outlined in subrule 17.8(4).
17.8(2) Restrictions on participation in interscholastic athletic contests and competitions. A pupil who changes school districts under open enrollment in any of the grades 9 through 12 shall not be eligible to participate in varsity interscholastic athletic contests and competitions during the first 90 school days of enrollment. This restriction also shall apply to enrollments resulting from an approved petition filed by a parent/guardian to open enroll to an alternative receiving district and when the pupil returns to the district of residence using the process outlined in subrule 17.8(4). This 90–school–day restriction does not prohibit the pupil from practicing with an athletic team during the 90 school days of ineligibility. This 90–school–day restriction is not applicable to a pupil who:
a. Participates in an athletic activity in the receiving district that is not available in the district of residence.
b. Participates in an athletic activity for which the resident district and the receiving district have a “cooperative student participation agreement” in place as provided by rule 281—36.20(280).
c. Has paid tuition for one or more years to the receiving school district prior to making application and being approved for open enrollment.
d. Has attended the receiving district for one or more years, prior to making application and being approved for open enrollment, under a sharing or mutual agreement between the resident district and the receiving district.
e. Has been participating in open enrollment and whose parents/guardians move out of their district of residence but exercise the option of maintaining the open enrollment agreement as provided in subrule 17.8(6) except that the period of 90 school days of ineligibility shall apply to a student who open enrolls to another school district. If the pupil has established athletic eligibility under open enrollment, it is continued despite the parent’s or guardian’s change in residence.
f. Obtains open enrollment as provided in subrule 17.8(7) except that the period of 90 school days of ineligibility shall apply to a student who open enrolls to another school district.
g. Obtains open enrollment due to the dissolution and merger of the former district of residence under Iowa Code subsection 256.11(12).
h. Obtains open enrollment due to the pupil’s district of residence entering into a whole–grade sharing agreement on or after July 1, 1990, including the grade in which the pupil would be enrolled at the start of the whole–grade sharing agreement.
i. Participates in open enrollment and the parent/guardian is an active member of the armed forces and resides in permanent housing on government property provided by a branch of the armed services.
j. Rescinded IAB 5/15/02, effective 6/19/02.
17.8(3) Term of enrollment. Rescinded IAB 10/9/96, effective 11/13/96.
17.8(4) Petition for attendance in an alternative receiving district. Once the pupil of a parent/guardian has been accepted for open enrollment, attendance in an alternative receiving district under open enrollment can be initiated by filing a petition for change with the receiving district. The petition shall be filed by the parent/guardian with the receiving district on or before March 1 of the year preceding the school year for which the change is requested. The timelines and notification requirements for such a request shall be the same as outlined in subrule 17.3(2). If the request is approved, the alternative district shall send notice of this action to the parent/guardian, to the original receiving district, and to the resident district of the pupil. Petitions for change shall be effectuated at the start of the next school year.
As an alternative procedure, the receiving and alternative receiving district boards by mutual agreement may effectuate the change in enrollment of an open enrollment pupil at any time following receipt of a written request for such change which is approved by the two boards. The parent/guardian and the resident district board shall be notified of the approval and the date for change in open enrollment within 15 days of the mutual agreement action of the receiving and alternative receiving boards.
A pupil in good standing may return to the district of residence at any time following written notice from the parent/guardian to both the resident district and the receiving district.
17.8(5) Renewal of an open enrollment agreement. An open enrollment agreement shall remain in place unless canceled by the parent/guardian or terminated as outlined in the provisions of subrule 17.8(10).
17.8(6) Change in residence when participating in open enrollment. If the parent/guardian of a pupil who is participating in open enrollment changes the school district of residence during the term of the agreement, the parent/guardian shall have the option to leave the pupil in the receiving district under open enrollment, to open enroll to another school district, or to enroll the pupil in the new district of residence, thus terminating the open enrollment agreement. If the choice is to leave the pupil under open enrollment or to open enroll to another school district, the original district of residence shall be responsible for payment of the cost per pupil plus any applicable weightings or special education costs for the balance of the school year, if any, in which the move took place, providing the move took place on or after the date specified in Iowa Code section 257.6, subsection 1. The new district of residence shall be responsible for these payments during succeeding years of the agreement.
If the move takes place between the end of one school year and the date specified in Iowa Code section 257.6, subsection 1, of the following school year, the new district of residence shall be responsible for that year’s payment as well as succeeding years.
If the pupil is to remain under open enrollment or to open enroll to another school district, the parent/guardian shall write a letter, delivered by mail or by hand on or before the date specified in Iowa Code section 257.6, subsection 1, to notify the original resident district, the new resident district, and the receiving district of this decision.
Timely requests under this rule shall not be denied. If the request is for a high school pupil, the pupil shall not be subject to the initial 90–school–day ineligibility period of subrule 17.8(2).
17.8(7) Change in residence when not participating in open enrollment. If a parent/guardian moves out of the school district of residence, and the pupil is not currently under open enrollment, the parent/guardian has the option for the pupil to remain in the original district of residence as an open enrollment pupil with no interruption in the education program or to open enroll to another school district. This option is not available to the parent/guardian of a student who is entering kindergarten for the first time. The parent/guardian exercising this option shall file an open enrollment request form with the new district of residence for processing and record purposes. This request shall be made on or before the date specified in Iowa Code section 257.6, subsection 1. Timely requests under this subrule shall not be denied. If the request is for a high school pupil, the pupil shall not be subject to the initial 90–school–day ineligibility period of subrule 17.8(2). If the move is on or after the date specified in Iowa Code section 257.6, subsection 1, the new district of residence is not required to pay per–pupil costs or applicable weighting or special education costs to the receiving district until the first full year of the open enrollment.
17.8(8) Pupil governance. An open enrollment pupil, and where applicable the pupil’s parent/guardian, shall be governed by the rules and policies established by the board of directors of the receiving district. Any complaint or appeal by the parent/guardian concerning the educational system, its process, or administration in the receiving district shall be initially directed to the board of directors of that district in compliance with the policy of that district.
17.8(9) Appeal procedure. A parent/guardian may appeal the decision of the board of directors of a school district (resident or receiving) only on an application for open enrollment under Iowa Code section 282.18(5) as amended by 2002 Iowa Acts, House File 2515. This appeal is to the state board of education and shall comply with the provisions of Iowa Code section 290.1. The appeal shall be filed within 30 days of the decision of the district board and shall be in the form of an affidavit signed by the parent/guardian. It shall state in a plain and concise manner what the parent/guardian feels to be the basis for appeal.
17.8(10) Open enrollment termination. Open enrollment ends when:
a. The pupil graduates, moves into the receiving district, moves into a third district and does not elect to continue attending in the receiving district, moves out of state, elects to attend a nonpublic school instead of the receiving district, or any other circumstance not excepted below that results in the pupil no longer attending the receiving district.
EXCEPTIONS: This rule shall not apply if the pupil is placed temporarily in foster care, a juvenile detention center, mental health or substance abuse treatment facility, or other similar placement. In such cases, the open enrollment status will automatically be reinstated when the pupil returns.
b. The pupil drops out of school. In this instance, if the pupil desires to return to the resident district during the term of the original open enrollment, notice must be given as outlined in the provisions of subrule 17.8(4).
17.9(1) Parent responsibilities. The parent/guardian of a pupil who has been accepted for open enrollment shall be responsible to transport the pupil without reimbursement, except as provided in subrule 17.9(2), to and from a point on a regular school bus route of the receiving district. This point shall be a designated stop on the bus route of the receiving district. If this point—designated stop— is within the distances established by Iowa Code section 285.1 from the school designated for attendance by the receiving district, that district may, but is not required to, provide transportation for an open enrollment pupil. A receiving district may send buses into a resident district solely for the purpose of transporting an open enrollment pupil if the boards of both the sending and receiving districts agree to this arrangement. Bus routes that are outside the boundary of the receiving district that have been authorized by an area education agency board of directors, as provided by Iowa Code subsection 285.9(3), may be used to transport open enrollment pupils if boards of directors of the resident and receiving districts have both taken action to approve such an arrangement. Bus routes that have been established by the receiving district for the purpose of transporting nonpublic school or special education pupils that operate in the resident district of an open enrollment pupil shall not be utilized for the transportation of such pupil for the portion of the route that is within the resident district unless the boards of directors of the resident and receiving districts have both taken action to approve such an arrangement. Bus routes transporting pupils for the purpose of whole–grade sharing shall not be used to transport open enrollment pupils for the portion of the route that is within the resident district unless the boards of directors of the resident and receiving districts have both taken action to approve such an arrangement.
17.9(2) Qualifications and provisions for transportation assistance. Open enrollment pupils that meet the economic eligibility requirements established by the department of education shall receive transportation assistance from their resident district under the following conditions. The resident district is not required to provide any transportation assistance for a pupil involved in open enrollment with a district that is not contiguous with the pupil’s resident district. The resident district shall provide transportation for the pupil to a point that is a designated stop on a regular bus route of a contiguous receiving district, or as an alternative, the resident district shall pay the parent/guardian for providing this transportation. In either situation the resident district is not obligated to expend more than the average cost per pupil transported amount established for that district for the previous school year. If the resident district provides the transportation, it shall determine that it is able to perform this function at a cost not in excess of the average cost per pupil transported for the resident district as established the previous year. It shall not assess any additional cost to the parent/guardian for providing transportation. If the district chooses to reimburse the parent/guardian for providing transportation, to determine the amount to be reimbursed, the district shall use the provisions of Iowa Code subsection 285.1(3). This reimbursement shall not exceed the average cost per pupil transported for the resident district as established the previous year. The resident district may withhold from the amount it is required to pay to a receiving district for an open enrollment pupil the actual amount or the average cost per pupil transported amount it pays for transportation assistance, whichever is the lesser amount.
17.9(3) Economic eligibility requirements for transportation. A parent/guardian shall be eligible for transportation assistance from the resident district if the household income of the parent/guardian is at or below 160 percent of the federal income poverty guidelines as stated by household size. Since the federal income poverty guidelines are adjusted each year, the department of education shall provide revised eligibility guidelines to school districts each year.
281—17.10(282) Method of finance. Open enrollment options shall be made available for pupils at no instructional cost to their parents/guardians. Open enrollment pupils shall be considered enrolled resident pupils in the resident district and shall be included in the certified enrollment count of that district for the purposes of generating school foundation aid.
17.10(1) Full–time pupils. Unless otherwise agreed to in the mediation under paragraph 17.4(6)“b,” for full–time pupils, the resident district shall pay each year to the receiving district an amount equal to the state cost per pupil for the previous year plus any moneys received for the pupil as a result of non–English speaking weighting provided by Iowa Code section 280.4.
17.10(2) Dual enrolled pupils. Unless otherwise agreed to in the mediation under paragraph 17.4(6)“b,” for pupils who receive competent private instruction and are dual enrolled, the resident district shall pay each year to the receiving district an amount equal to .1 times the state cost per pupil for the previous year plus any moneys received for the pupil as a result of non–English speaking weighting provided by Iowa Code section 280.4. However, a pupil dual enrolled in grades nine through twelve shall be counted in the same manner as a shared–time pupil under Iowa Code section 257.6(1)“c.”
17.10(3) Home school assistance program pupils. Unless otherwise agreed to in the mediation under paragraph 17.4(6)“b,” for pupils who receive competent private instruction and are registered for a home school assistance program, the resident district shall pay each year to the receiving district an amount equal to .6 times the state cost per pupil for the previous year plus any moneys received for the pupil as a result of non–English speaking weighting provided by Iowa Code section 280.4.
17.10(4) Transportation assistance. The resident district may deduct any transportation assistance funds for which the pupil is eligible as provided by subrule 17.9(2).
17.10(5) Method of payment. These moneys shall be paid to the receiving district on a quarterly basis. The district cost per pupil for nonspecial education students shall be the cost calculated each year for the school year preceding the school year for which the open enrollment takes place. Costs for special education students shall be as outlined in rule 17.11(282).
17.10(6) Partial–year situations. In the event that the pupil who is under open enrollment withdraws from school, moves into the district of attendance, moves out of state, moves to another district in the state of Iowa and elects to attend that district, graduates at midyear, is allowed to return to the district of residence during the school year, or other similar set of circumstances that result in the pupil no longer attending in the receiving district, payment of cost per pupil will be prorated based on the number of quarters of school enrollment.
17.10(7) Late changes of open enrollment. The resident district and the receiving district boards by mutual agreement may effectuate the change in enrollment of an open enrollment pupil at any time following receipt of a petition for such change which is approved by the two boards. A change due to good cause is a late change in enrollment. If any change in enrollment is made on or after the date specified in Iowa Code section 257.6, subsection 1, the resident district is not required to pay per–pupil costs or applicable weighting or special education costs to the receiving district until the first full year of the open enrollment.
17.10(8) Whole grade sharing pupils. Rescinded IAB 7/7/04, effective 8/11/04.
281—17.11(282) Special education students. If a parent/guardian requests open enrollment for a pupil requiring special education, as provided by Iowa Code chapter 256B, this request shall receive consideration under the following conditions. The request shall be granted only if the receiving district is able to provide within that district the appropriate special education program for that student in accordance with Iowa rules of special education, 281—41.84(256B,273,34CFR300). This determination shall be made by the receiving district in consultation with the resident district and the appropriate area education agency(ies) before approval of the application. In a situation where the appropriateness of the program is in question, the pupil shall remain enrolled in the program of the resident district until a final determination is made. If the appropriateness of the special education program in the resident district is questioned by the parent, then the parent should request a due process hearing as provided by 281—41.113(1). If the appropriateness of the special education program in the receiving district is at issue, the final determination of the appropriateness of a special education instructional program shall be the responsibility of the director of special education of the area education agency in which the receiving district is located, based upon the decision of a diagnostic–education team from the receiving district which shall include a representative from the resident district that has the authority to commit district resources.
District transportation requirements, parent/guardian responsibilities and, where applicable, financial assistance for an open enrollment special education pupil shall be as provided by rule 17.9(282).
The district of residence shall pay to the receiving district on a quarterly basis the actual costs incurred by the receiving district in providing the appropriate special education program. These costs shall be based on the current year expenditures with needed adjustments made in the fourth quarter payment. The responsibility for ensuring that an appropriate program is maintained for an open enrollment special education pupil shall rest with the resident district. The receiving district and the receiving area education agency director shall provide, at least on an annual basis, evaluation reports and information to the resident district on each special education open enrollment pupil. The receiving district shall provide notice to the resident district of all staffings scheduled for each open enrollment pupil. For an open enrolled special education pupil where the receiving district is located in an area education agency other than the area education agency within which the resident district is located, the resident district and the receiving district are required to forward a copy of any approved open enrollment request to the director of special education of their respective area education agencies. Any moneys received by the area education agency of the resident district for an approved open enrollment special education pupil shall be forwarded to the receiving district’s area education agency.
281—17.12(282) Laboratory school provisions. A parent/guardian may make a request for open enrollment transfer to a laboratory school operated by the state board of regents. The regents institution operating a laboratory school and the board of directors of the public school district in which the laboratory school is located shall develop a transfer policy. This policy shall include:
1. A provision that the total number of pupils enrolled in a laboratory school in any one year shall not exceed 670 pupils.
2. Provisions to protect and promote the quality and integrity of the teacher education program of the laboratory school.
3. Provisions to protect and promote the viability of the education program of the public school district.
4. The order in which and the reasons why requests to transfer to the laboratory school shall be considered.
The denial of a request to transfer to a laboratory school is not subject to appeal by a parent/guardian under Iowa Code section 290.1.
A pupil that is accepted for open enrollment transfer to a laboratory school shall not be included in the basic enrollment of the resident district with the laboratory school reporting the enrollment directly to the department of education with the following exception. If the number of pupils enrolled in the laboratory school from a school district during the current year exceeds the number enrolled from that district during the 1989–1990 school year, the pupils representing the difference between the current and the 1988–1989 school year enrollment for the district shall be included in the basic enrollment of the resident district with the district retaining the money generated through the foundation aid formula.
281—17.13(282) Applicability. For implementing the open enrollment provisions of Iowa Code section 282.18, the provisions of this chapter shall be retroactively applicable to June 5, 1989.
281—17.14(282) Voluntary diversity plans or court–ordered desegregation plans.
17.14(1) Applicability. These rules govern only the components of a voluntary diversity plan or court–ordered desegregation plan as the plan affects open enrollments. Nothing herein shall prohibit a district from implementing a lawful voluntary diversity plan or court–ordered desegregation plan or components thereof for transfers other than open enrollment.
17.14(2) Eligibility to adopt and implement a plan applicable to open enrollments.
a. Adoption. The board of an eligible school district may adopt a voluntary diversity plan with a component that applies to open enrollments if either of the following conditions exists: (1) The percentage of minority students in the district exceeds the percentage of minority students in the state by at least 20 percentage points; or (2) the percentage of minority students in one or more attendance centers in the district exceeds the percentage of minority students in the district as a whole by at least 20 percentage points.
b. Implementation. The open enrollment component of the plan adopted by the district board shall only be implemented by the district if other components of the diversity plan describe the steps the district is taking internally to avoid or reduce minority student isolation, and the district demonstrates the extent to which it has implemented those steps. For districts with multiple attendance centers at the same grade level, such steps may include intradistrict student transfer policies, pairing of attendance centers, revision of boundaries of attendance centers, selecting school sites, realignment of feeder systems, magnet schools, and the placement of specialized programs and services. In a district without multiple attendance centers at the same grade level, such steps may include pupil assignments to classrooms, classroom pairing, community and family outreach programs, student–to–student mentoring or grouping designed to promote understanding and acceptance of and positive interactions with all groups of minority students, and professional development activities designed to promote understanding and acceptance of and positive interactions with all groups of minority students. The open enrollment component of the plan adopted by the district board may remain in effect for so long as the district’s total minority student population exceeds 15 percent, and shall remain in effect for so long as the district demonstrates is necessary to avoid minority student isolation in the district.
17.14(3) Open enrollment elements of a diversity plan.
a. All applicable deadlines for the filing and determination of open enrollment requests, including the exceptions for good cause under rule 17.4(282), apply to open enrollment requests filed in a district that has adopted an open enrollment component in its voluntary diversity plan.
b. The plan shall establish a districtwide ratio of minority–to–nonminority students to be maintained, consistent with subrule 17.14(2). All open enrollment requests, both those into and out of the district, shall be acted on according to whether the request will adversely affect or will positively affect the implementation of the plan. Under Iowa Code section 282.18, if an open enrollment request would positively affect the plan, the district shall give priority to granting the request over other requests.
c. A district with multiple attendance centers at the same grade level shall specify in the open enrollment component of its diversity plan which attendance centers are affected by the open enrollment component. For each of those attendance centers, the district shall establish and specify the individual attendance center ratios of minority–to–nonminority students, consistent with subrule 17.14(2). The plan may provide for an initial determination of whether a requested open enrollment will negatively affect the specific attendance center ratio. With respect to a request to open enroll out of the district, if such enrollment will negatively affect the ratio established for the student’s current attendance center, the request may be denied by the district with no further determination of the impact of the request on the districtwide ratio. For a request to open enroll either into or out of the district, if the open enrollment will not negatively affect the attendance center ratio, the request shall be denied only if there would be a negative impact on the districtwide ratio. As of July 1, 2003, if a district’s plan sets a threshold lower than allowed in paragraph 17.14(2)“a” and that plan has not been disapproved by a court of competent jurisdiction, the district may implement its individual attendance center ratios in addition to its districtwide ratio.
d. The plan shall include provision for the formation and operation of a waiting list for those requests that could not be granted immediately. A parent/guardian of a child on the waiting list must be informed by the district of the details of the operation of the list and whether the parent/guardian must refile a timely request for open enrollment in order to remain on the waiting list.
e. The plan shall specify a district contact person to whom questions may be directed fromparents/guardians.
f. The plan shall include a provision whereby a parent/guardian has a means to request that the district determine whether a hardship exists for granting a request that may not otherwise be granted under the plan.
17.14(4) Exceptions. The following exceptions shall apply:
a. If an open enrollment request is filed on behalf of a student whose sibling is already participating in open enrollment to the same district to which the student desires open enrollment, the request shall be granted.
b. If an open enrollment request is filed on behalf of a student whose parent/guardian moves out of the school district of residence and who wishes to remain in the district of residence as an open enrolled student without interruption in the student’s educational program under subrule 17.8(7), the request shall be granted. This option is not available to the parent/guardian of a student who is entering kindergarten for the first time.
c. A request for open enrollment based on repeated acts of harassment of the student shall not be denied on the basis that such request would have an adverse impact on the district’s ratio of minority–to–nonminority students.
d. A request for open enrollment based on a serious health condition of the student that the district cannot adequately address shall not be denied on the basis that such request would have an adverse impact on the district’s ratio of minority–to–nonminority students.
17.14(5) Review by department. All voluntary desegregation plans adopted under this rule prior to June 28, 2007, are no longer valid. An eligible district whose board desires to adopt a voluntary diversity plan for open enrollment must do so by March 1, 2008. The district shall submit a copy of its plan to the department for review within 10 days of the adoption of the plan. Open enrollment requests received prior to March 1, 2008, by a district that has a voluntary diversity plan may be held by the district for action pursuant to the district’s new voluntary diversity plan.
The department shall inform the district within 10 days of receipt of the district’s voluntary diversity plan whether the plan complies with this rule. All changes to voluntary diversity plans for open enrollment shall be submitted to the department within 60 days of local board action.
These rules are intended to implement Iowa Code Supplement section 282.18.
[Filed emergency 7/7/89—published 7/26/89, effective 7/7/89]
[Filed 2/2/90, Notices 7/26/89, 8/9/89—published 2/21/90, effective 3/28/90]
[Filed emergency 5/25/90—published 6/13/90, effective 5/25/90]
[Filed 9/28/90, Notice 6/13/90—published 10/17/90, effective 11/21/90]
[Filed 11/22/91, Notice 10/2/91—published 12/11/91, effective 1/15/92]
[Filed 8/26/92, Notice 6/24/92—published 9/16/92, effective 10/21/92]
[Filed 11/19/93, Notice 9/29/93—published 12/8/93, effective 1/12/94]
[Filed 11/17/94, Notice 9/28/94—published 12/7/94, effective 1/11/95]
[Filed 11/21/95, Notice 9/13/95—published 12/20/95, effective 1/24/96]
[Filed 9/13/96, Notice 7/17/96—published 10/9/96, effective 11/13/96]
[Filed 3/20/98, Notice 2/11/98—published 4/8/98, effective 5/13/98]
[Filed 2/11/00, Notice 12/15/99—published 3/8/00, effective 4/12/00]
[Filed emergency 8/4/00—published 8/23/00, effective 8/7/00]
[Filed 4/19/02, Notice 2/6/02—published 5/15/02, effective 6/19/02]
[Filed 8/2/02, Notice 6/26/02—published 8/21/02, effective 9/25/02]
[Filed emergency 11/21/02—published 12/11/02, effective 11/21/02]
[Filed 1/17/03, Notice 12/11/02—published 2/5/03, effective 3/12/03]
[Filed 6/17/04, Notice 5/12/04—published 7/7/04, effective 8/11/04]
[Filed 11/15/06, Notice 10/11/06—published 12/6/06, effective 1/10/07]
[Filed 7/27/07, Notice 5/9/07—published 8/15/07, effective 9/19/07]
[Filed 2/8/08, Notice 12/19/07—published 2/27/08, effective 4/2/08]
Preamble
Equal access to course offerings and related activities enables schools to meet the needs and interests of all students; challenge the abilities of all students consistent with their individual stages of development; and contribute to the physical, mental, athletic, civic, social, moral and emotional growth of all students. It is the intent of the department of education that all students be treated equally, regardless of the student’s or the student’s parent’s financial status. The department considers it essential that procedures be adopted which preserve the integrity and self–esteem of any student and the student’s family who apply for a waiver.
281—18.1(256) Policy. It is the policy of the department of education that no Iowa student enrolled in a public school be excluded from participation in or denied the benefits of course offerings and related activities due to the student’s or the student’s parent’s or guardian’s financial inability to pay a fee associated with the class, program, or activity.
281—18.2(256) Fee policy. The board of directors of a public school shall adopt a policy regarding the charging and collecting of fees for course offerings and related activities, and for transportation provided to resident students who are not entitled to transportation under Iowa Code section 285.1. The policy established by the board of directors shall apply to any fees charged. The board shall require that procedures be developed to implement the policy pursuant to these rules.
281—18.3(256) Eligibility for waiver, partial waiver or temporary waiver of student fees. The policy required by rule 18.2(256) shall include provisions for granting a waiver, partial waiver, or temporary waiver of student fees upon application by the student.
18.3(1) Waivers. At minimum, the policy shall include the following provisions relating to eligibility for the waivers:
a. Waiver. A student shall be granted a waiver of all fees covered by this chapter if the student or the student’s family meets the financial eligibility criteria for free meals offered under the Child Nutrition Program, or the Family Investment Program (FIP), or transportation assistance under open enrollment provided under 281—subrule 17.9(3), or if the student is in foster care.
b. Partial waiver. A school district shall grant a student either a waiver of all student fees or a partial waiver of student fees if the student or the student’s family meets the financial eligibility criteria for reduced price meals offered under the Child Nutrition Program. A partial waiver shall be based on a sliding scale related to an ability to pay.
c. Temporary waiver. At the discretion of the school district, a student may be granted a temporary waiver of a fee or fees in the event of a temporary financial difficulty in the student’s immediate family. A temporary waiver may be applied for and granted at any time during a school year. The maximum length of a temporary waiver shall be one year.
d. Fees waived not collectable. The policy shall include a provision stating that when an application for any fee waiver is granted, the fee or fees waived under the application are not collectable.
e. Distribution of policy and applications. The procedures on charging fees, a written notice of fees charged to each student, the waiver and reduction policy and procedures including income guidelines, and the application for waiver shall be distributed to all registrants for school at the time of registration or enrollment. For students or families whose primary language is other than English, the school shall provide a copy of the materials in the student’s native language or arrange for translation of the materials within a reasonable time.
f. Annual application. The request for a fee waiver shall be made on application forms provided by the department of education. An application can be received at any time but shall be renewed at the beginning of the school year.
18.3(2) Applications. The procedures shall include a description of the confidential application process for the waiver and shall provide that a written decision be issued to the applicant within a reasonable time. If the application is denied, the decision shall include the reason for the denial.
18.3(3) Appeals. The procedures shall include a provision for a confidential review of any denial by a person or persons designated by the board of directors upon request and the manner in which an appeal may be taken. If the decision on review is again to deny the application, the decision maker shall notify the applicant in writing that the applicant may appeal the denial to the director of the department of education by filing a notarized statement within 30 days of the applicant’s receipt of the final decision of the district.
281—18.4(256) Fees covered. Fines assessed for damage or loss to school property are not fees and need not be waived.
Nothing in this chapter shall be construed to authorize the charging of a fee for which there is no authority in law.
281—18.5(256) Effective date. These rules are effective for the 1996–97 school year, and school years thereafter.
These rules are intended to implement Iowa Code section 256.7(20).
[Filed 4/15/96, Notice 1/3/96—published 5/8/96, effective 6/12/96]
[Filed 3/14/03, Notice 2/5/03—published 4/2/03, effective 5/7/03]
281—19.1(256,279) Policy. The board of directors of a school district has discretion as to the number of attendance centers it shall operate within the district. The process for determining whether to close an attendance center must involve public notice, public consideration and public involvement. The policies set forth in rule 281—19.2(256,279) are meant to ensure full opportunity for public participation in the relevant events. It is intended that the policies shall be implemented by local boards in such a way as will most reasonably accommodate the specific facts and circumstances surrounding the decision with which the local board is faced.
281—19.2(256,279) Attendance center closing procedure. When making a decision regarding whether to close an attendance center within its district, the board of directors of a school district shall substantially comply with all of the following steps.
19.2(1) The board shall establish a timeline in advance for carrying out the procedures involved in making the decision on the matter, focusing all aspects of the timeline upon the anticipated date that the board will make its final decision.
19.2(2) The board shall inform segments of the community within its district that the matter is under consideration by the board. This shall be done in a manner reasonably calculated to apprise the public of that information.
19.2(3) The board shall seek public input in all study and planning steps involved in making the decision.
19.2(4) The board and groups and individuals selected by the board shall carry out sufficient research, study and planning. The research, study and planning shall include consideration of, at a minimum, student enrollment statistics, transportation costs, financial gains and losses, program offerings, plant facilities, and staff assignment.
19.2(5) The board shall promote open and frank public discussion of the facts and issues involved.
19.2(6) The board shall make a proper record of all steps taken in the making of the decision.
19.2(7) The board shall make its final decision in an open meeting with a record made thereof.
281—19.3(256,279) Grade realignments. When making a decision regarding a realignment of the grades to be taught in an attendance center within its district, the board of directors of a school district shall substantially comply with all of the following steps.
19.3(1) The board and groups and individuals selected by the board shall carry out sufficient research, study and planning. The research, study and planning shall include consideration of, at a minimum, student enrollment statistics, transportation costs, financial gains and losses, program offerings, plant facilities, and staff assignment.
19.3(2) The board shall post or cause to be posted the grade realignment proposal in a prominent place at the affected attendance center(s). The board shall also publish the grade realignment proposal in the agenda of an upcoming board meeting open to the public.
19.3(3) The board shall promote open and frank public discussion of the facts and issues involved.
19.3(4) The board shall make its final decision in an open meeting with a record made thereof.
These rules are intended to implement Iowa Code sections 256.7(5) and 279.11.
[Filed 5/9/03, Notice
4/2/03—published 5/28/03, effective 7/2/03]
CHAPTER 20
Reserved
TITLE III
COMMUNITY COLLEGES
[Prior to 9/7/88, see Public Instruction Department[670] Ch 5]
[Former Ch 21
Rescinded, IAB 9/7/88]
DIVISION I
APPROVAL STANDARDS
281—21.1(280A) Form and content of notice of
intent. Rescinded IAB
4/3/91, effective 5/8/91.
[Rules 21.2(260c) to 21.12(260c) were filed as joint rules with the Board of Regents and the Board of Education.]
281—21.2(260c) Administration.
21.2(1) Policy manual. A community college board of directors shall develop and maintain a policy manual which adequately describes the official policies of the institution.
21.2(2) Administrative staff. A community college shall develop an administrative staff appropriate to the size and the purpose of the institution and one which permits the institution to function effectively and efficiently. This administrative staff shall provide effective leadership for the major divisions of the institution including administrative services, adult and continuing education, career education, college parallel education, and student services.
21.2(3) Chief executive officer. A community college shall have a chief executive officer who shall also be the executive officer of the board of directors. The executive officer shall be responsible for the operation of the community college with respect to its educational program, its faculty and student services programs, and the use of its facilities. The executive officer shall delegate to the staff all necessary administrative and supervisory responsibilities to ensure an efficient operation of the institution.
21.2(4) Certification. All administrative staff except for the superintendent shall hold certificates as required to authorize service in their respective areas of responsibility.
21.2(5) Financial records and reports. The community college shall maintain accurate financial records and make reports in the form prescribed by the state department of education and other state agencies.
21.2(6) Enrollment. A community college shall meet minimum enrollment requirements if it offers instruction as authorized in Iowa Code chapter 260C, and if, to the satisfaction of the state board of education, it is able to provide classes of reasonable economic size as needed by students, meets the needs of the students, and shows by its past and present enrollment and placement record that it meets individual and employment needs.
21.2(7) Catalog. The catalog shall be the official publication of the area school. It shall include accurate information on institutional policies and other information as recommended by the state department of education.
21.2(8) Admission requirements.
a. Postsecondary age students. The community college shall maintain an open–door admission policy for students of postsecondary age. This admission policy shall recognize that students should demonstrate a reasonable prospect for success in the program in which admitted. Applicants who cannot demonstrate a reasonable prospect for success in the program for which they apply should be assisted to enroll in courses where deficiencies may be remedied or into other programs appropriate to the individual’s preparation and objectives.
b. High school age students. High school age students who can be better served by community college programs may be authorized to undertake such work with the cooperative approval of the community college administration and the administration of the local school district.
21.2(9) School year. The length of the school year of the community college shall provide for the effective use of the physical plant and include a minimum of 48 weeks of operation. The school year may consist of: two semester terms and one summer term, three trimester terms, or four quarter terms. A community college may use any one or more of the three school years identified above or may offer instruction in units of length keyed to the identified scope and depth of the instructional content.
21.2(10) Graduation requirements. Graduation from a community college shall be certified by the issuance of appropriate recognition indicating the type of program the student has completed.
a. Associate in arts or an associate in science. The degree issued to a person who has satisfied curricular requirements that consist of content equivalent to a two–year college parallel curriculum shall certify that its recipient is either an associate in arts or an associate in science.
b. Associate in applied arts or an associate in applied science. The degree issued to a person having satisfied curricular requirements and demonstrated competence for employment in the occupational field for which the program was designed shall certify that its recipient is either an associate in applied arts or an associate in applied science. Typically, these degrees apply to occupations requiring significant amounts of applied scientific and mathematical knowledge or occupations in which the individual will work in direct support of a professional.
c. Associate in general studies. The degree issued to a person who has satisfied the curricular requirements of a two–year program other than set forth in subrule 21.2(10) shall certify that its recipient is an associate in general studies.
d. Diploma. The recognition granted to a person who has been graduated from a curriculum other than set forth in 21.2(10) but of not less than 12 weeks in length shall be a diploma.
e. Certificate. A certificate of completion may be issued to certify that a student has satisfactorily completed a course of instruction other than the above.
21.2(11) Academic records. The community college shall maintain in perpetuity for each student the complete academic record including every course attempted and grade received. These records should be kept in fire–resistant storage, unless other equivalent safeguards are used, such as maintaining a duplicate file (microfilm or otherwise) in a separate building.
21.2(12) Resident policy. There shall be adopted for all community colleges a uniform policy for the determination of permanent residence for tuition purposes.
21.2(13) Credit hour. Credit hours shall be determined in line with the following procedures.
a. Specifically stated criteria are minimal requirements only, which institutions may exceed at their discretion.
b. Instruction is subdivided into four instructional methods as herein defined.
(1) Classroom work — lecture and formalized classroom instruction under the supervision of an instructor.
(2) Laboratory work — experimentation and practice by students under the supervision of an instructor.
(3) Clinical practice — applied learning experience in a health agency or office under the supervision of an instructor.
(4) Work experience — work experience planned and coordinated by an institutional representative and the employer, with control and supervision of the student on the job being the responsibility of the employer.
c. Structured culminating activity(ies) for each course offering is above and beyond the minimal instructional requirements. Appropriate activities for structured culminating activity(ies) include but are not limited to:
(1) Written final examinations.
(2) Oral final examinations.
(3) Skill performance evaluations.
(4) Other structured activities deemed supplementary to the instructional process.
d. No registration or orientation hours may be included when determining credit hours.
e. Institutions shall take into account the soundness of the learning environment being created by the scheduling sequence and length of classroom, laboratory, clinical, and work experience sessions. However, the final decision on these matters is left to the institutional administration so long as minimal standards are met.
f. A fractional unit of credit may be awarded in a manner consistent with the specific minimal credit course requirements.
g. Only minutes for students officially registered for courses or programs, including audit registration, may be included when determining credit hours.
h. Credit hours shall be identified for self–paced courses or programs in accordance with the credit hours that would have been assigned if the program had been taught by conventional methods.
i. Individualized learning experiences for which an equivalent course is not offered shall have the program length computed from records of attendance using such procedures as a time clock or sign–in records.
j. Classroom work.
(1) The minimal requirements for one semester hour of credit shall be 800 minutes of scheduled instruction plus (when applicable) a scheduled culminating activity.
(2) The minimal requirements for one quarter hour of credit shall be 533 minutes of scheduled instruction plus (when applicable) a scheduled culminating activity.
k. Laboratory work.
(1) The minimal requirement for one semester hour of credit shall be 1,600 minutes of scheduled laboratory work plus (when applicable) a scheduled culminating activity.
(2) The minimal requirement for one quarter hour of credit shall be 1,066 minutes of scheduled laboratory work plus (when applicable) a scheduled culminating activity.
l. Clinical practice.
(1) The minimal requirements for one semester hour of credit shall be 2,400 minutes of scheduled clinical practice plus (when applicable) a scheduled culminating activity.
(2) The minimal requirement for one quarter hour of credit shall be 1,599 minutes of scheduled clinical practice plus (when applicable) a scheduled culminating activity.
m. Work experience.
(1) The minimal requirement for one semester hour of credit shall be 3,200 minutes of scheduled work experience plus (when applicable) a scheduled culminating activity.
(2) The minimal requirement for one quarter hour of credit shall be 2,132 minutes of scheduled work experience plus (when applicable) a scheduled culminating activity.
This rule will be effective in the fall term of 1987–1988 school year.
This rule is intended to implement Iowa Code section 260C.33.
21.3(1) Minimum standards. Community college–employed instructors teaching full–time in career and technical education and arts and sciences shall meet minimum standards. In accordance with 2002 Iowa Acts, chapter 1047, section 8, standards shall at a minimum require that full–time community college instructors meet the following requirements:
a. Instructors in the subject area of career and technical education shall be registered, certified, or licensed in the occupational area in which the state requires registration, certification, or licensure, and shall hold the appropriate registration, certificate, or license for the occupational area in which the instructor is teaching, and shall meet either of the following qualifications:
(1) A baccalaureate or graduate degree in the area or a related area of study or occupational area in which the instructor is teaching classes.
(2) Special training and at least 6,000 hours of recent and relevant work experience in the occupational area or related occupational area in which the instructor teaches classes if the instructor possesses less than a baccalaureate degree.
b. Instructors in the subject area of arts and sciences shall meet either of the following qualifications:
(1) Possess a master’s degree from a regionally accredited graduate school, and have successfully completed a minimum of 12 credit hours of graduate level courses in each field of instruction in which the instructor is teaching classes.
(2) Have two or more years of successful experience in a professional field or area in which the instructor is teaching classes and in which postbaccalaureate recognition or professional licensure is necessary for practice, including but not limited to the fields or areas of accounting, engineering, law, law enforcement, and medicine.
c. Full–time developmental education and adult education instructors may or may not meet minimum requirements depending on their teaching assignments and the relevancy of standards to the courses they are teaching and the transferability of such courses. If instructors are teaching credit courses reported in arts and sciences or career and technical education, it is recommended that these instructors meet minimum standards set forth in subrule 21.3(1), paragraph “a” or “b.”
21.3(2) Definitions. For purposes of interpreting this rule, the following definitions shall apply:
“Field of instruction.” The determination of what constitutes each field of instruction should be based on accepted practices of regionally accredited two– and four–year institutions of higher education.
“Full–time instructor.” An instructor is considered to be full–time if the community college board of directors designates the instructor as full–time. Consideration of determining full–time status shall be based on local board approved contracts.
“Instructors meeting minimum requirements.” A community college instructor meeting the minimum requirements of 2002 Iowa Acts, chapter 1047, section 8, is a full–time instructor teaching college credit courses. Credit courses should meet requirements as specified in rule 281—21.2(260C), and meet program requirements for college parallel, career and technical education, and career–option programs as specified in rule 281—21.4(260C) and Iowa Code chapter 260C.
“Minimum of 12 graduate hours.” Full–time arts and sciences instructors must possess a master’s degree and complete a minimum of 12 graduate hours in their field of instruction. The 12 graduate hours may be within the master’s degree requirements or independent of the master’s degree.
“Relevant work experience.” An hour of recent and relevant work experience is equal to 60 minutes. The community college will determine what constitutes recent and relevant work experience that relates to the instructor’s occupational and teaching area. The college should maintain documentation of the instructor’s educational and work experience.
21.3(3) Accreditation status. The results of the department of education’s on–site visits required by Iowa Code subsections 260C.36(1)“h” and 260C.36(3) will be reported to each community college with information to be used in accreditation visits starting in year 2006.
Beginning July 1, 2006, the state accreditation process shall incorporate the standards developed pursuant to 2002 Iowa Acts, chapter 1047, section 9.
21.3(4) Faculty load.
a. College parallel. The full–time teaching load of an instructor in college parallel programs shall not exceed a maximum of 16 credit hours per school term or the equivalent. An instructor may also have a teaching assignment outside of the normal school hours; provided the instructor consents to this additional assignment and the total workload does not exceed the equivalent of 18 credit hours per school term.
b. Career education. The full–time teaching load of an instructor in career education programs shall not exceed six hours per day, and an aggregate of 30 hours per week or the equivalent. An instructor may also teach the equivalent of an additional three credit hours provided the instructor consents to this additional assignment. When the teaching assignment includes classroom subjects (nonlaboratory), consideration shall be given to establishing the teaching load more in conformity with that of paragraph “a” of this subrule.
21.3(5) Faculty organization. The faculty shall be organized in such a way as to promote communication among administration, faculty and students and to encourage faculty participation in the development of the curriculum, instructional procedures, general policies, and such other matters as are appropriate.
21.3(6) Quality faculty plan. By October 1, 2002, each community college must establish a quality faculty committee consisting of instructors and administrators to develop a plan for hiring and developing quality faculty. The committee must have equal representatives of arts and science and career and technical faculty with no more than a simple majority of members of the same gender. Faculty must be appointed by the certified employee organization representing faculty, if any, and administrators must be appointed by the college’s administration. If no faculty–certified employee organization representing faculty exists, the faculty will be appointed by administration pursuant to Iowa Code subsection 260C.48(4). The committee must submit the plan to the board of directors for consideration, approval and submittal to the department of education.
a. The plan shall include, at a minimum, each of the following components:
(1) An implementation schedule for the plan. The committee shall submit the plan to the board of directors, which shall consider the plan and, once approved, submit the plan to the department and implement the plan no later than July 1, 2003. It is recommended that an implementation schedule include a needs assessment and timelines for evaluation, revision, completion and approval dates.
(2) Orientation for new faculty. It is recommended that new faculty orientation be initiated within six months from the hiring date. It is recommended that the orientation of new faculty be flexible to meet current and future needs and provide options other than structured college courses for faculty to improve teaching strategies, curriculum development and evaluation strategies. It is recommended that the college consider developing a faculty mentoring program.
(3) Continuing professional development for faculty. It is recommended that the plan clearly specify required components including time frame for continuing professional development for faculty. It is recommended that the plan include the number of hours, courses, workshops, professional and academic conferences or other experiences such as industry internships, cooperatives and exchange programs that faculty may use for continuing professional development. It is recommended that the plan include prescribed and elective topics such as discipline–specific content and educational trends and research. Examples of topics that may be considered include dealing with the complexities of learners, skills in teaching adults, curriculum development, assessment, evaluation, enhancing students’ retention and success, reaching nontraditional and minority students, improving skills in implementing technology and applied learning, leadership development, and issues unique to a particular college. The plan may be inclusive for all college staff, including adjunct and part–time faculty, and may include reciprocity features that facilitate movement from one college to another.
(4) Procedures for accurate record keeping and documentation for plan monitoring. It is recommended that the plan identify the college officials or administrators responsible for the administration, record keeping and ongoing evaluation and monitoring of the plan. It is recommended the plan monitoring, evidence collected, and records maintained showing implementation of the plan be comprehensive in scope. It is recommended that the plan provide for the documentation that each faculty member appropriately possesses, attains or progresses toward attaining minimum competencies.
(5) Consortium arrangements where appropriate, cost–effective and mutually beneficial. It is recommended that the plan provide an outline of existing and potential consortium arrangements including a description of the benefits, cost–effectiveness, and method of evaluating consortium services.
(6) Specific activities that ensure that faculty attain and demonstrate instructional competencies and knowledge in their subject or technical areas. It is recommended that the plan identify faculty minimum competencies and explain the method or methods of determining and assessing competencies. It is recommended that the plan contain procedures for reporting faculty progress. It is recommended that faculty be notified at least once a year of their progress in attaining competencies. It is recommended that the plan include policies and provisions for length of provisional status for faculty who do not meet the minimum standards in Iowa Code section 260C.48, as amended by 2002 Iowa Acts, House File 2394. It is recommended that provisional status of individual faculty members not exceed five years.
(7) Procedures for collection and maintenance of records demonstrating that each faculty member has attained or documented progress toward attaining minimum competencies. It is recommended that the plan specify data collection procedures that demonstrate how each full–time faculty member has attained or has documented progress toward attaining minimum competencies. It is recommended that the plan incorporate the current department of education management information system data submission requirements by which each college submits complete human resources data files electronically as a part of the college’s year–end reporting.
(8) Compliance with the faculty accreditation standards of the North Central Association of Colleges and Schools and with faculty standards required under specific programs offered by the community college that are accredited by other accrediting agencies. It is recommended that the plan provide for the uniform reports with substantiating data currently required for North Central Association of Colleges and Schools accreditation.
b. Between July 1, 2003, and June 30, 2006, the department of education shall review the plan and conduct on–site visits to ensure each community college’s compliance and progress in implementing a quality faculty plan. At a minimum, the department shall visit five community colleges each year until the department has conducted on–site visits at 15 community colleges. The colleges will be given at least a 30–day notice of an on–site visit with a written explanation of materials that will be requested prior to and during the visit. The colleges shall provide additional information deemed necessary by the department. The department shall review the following:
(1) Documents submitted by the college that demonstrate that the plan includes each component required by paragraph 21.3(6)“a.”
(2) Documentation submitted by the college that the board of directors approved the plan.
(3) Documentation submitted by the college that the college is implementing the approved plan, including, but not limited to, evidence that the college is meeting the implementation schedule and time frames outlined in the plan; evidence of plan monitoring, evaluation and updating; evidence that the faculty has attained, or is progressing toward attaining, minimum competencies and standards contained in Iowa Code section 260C.48 as amended by 2002 Iowa Acts, House File 2394; evidence that faculty members have been notified of their progress toward attaining minimum competencies and standards; and evidence that the college meets the minimum accreditation requirements for faculty required by the North Central Association of Colleges and Schools.
(4) Documentation that the college administration encourages the continued development of faculty potential as defined in 2002 Iowa Acts, House File 2394, section 5.
(5) Documentation of the human resources report submitted by the college through the department’s community college management information system.
Following the on–site visit to each community college, the department shall submit a report summarizing the department’s findings to the community college. This report will indicate the college’s compliance and progress in implementing the faculty plan and include any suggested improvements and recommendations. All colleges will have received on–site visits and reports summarizing such visits by July 1, 2006.
21.3(7) Faculty salary allocation plan. Pursuant to the appropriation of funds from the state general fund to the department for the purpose of supplementing community college faculty salaries, the department follows the formula herein when distributing such funds to community colleges.
a. For purposes of this subrule, the following definitions apply.
(1) “Full–time faculty” means those nonadministrative instructors, counselors, and librarians who are classified as full–time employees as defined in the college’s collective bargaining agreement or written policy.
(2) “Part–time faculty” means those nonadministrative instructors, counselors, and librarians who are employed less than full–time as defined in the college’s collective bargaining agreement or written policy.
(3) “Temporary/seasonal faculty” means those nonadministrative instructors, counselors, and librarians who are employed, full–time or part–time, by the college for short periods of time for specific purposes.
(4) “Adjunct faculty” means those nonadministrative instructors, counselors, and librarians who are employed without a continuing contract, whose teaching load does not exceed one–half time for two full semesters or three full quarters per calendar year.
b. The appropriation shall be distributed to the community colleges based on their proportional share of salary expenditures recorded in the instructional and instructional part–time categories and incurred in the liberal arts and sciences and vocational–technical functions. Salary expenditures for staff classified by the college as temporary/seasonal or as adjunct shall not be included in the eligible expenditures when calculating the distribution.
c. Moneys distributed to each community college hereunder shall be rolled into the funding allocation for all future years. The use of the funds shall remain as described herein for all future years. The appropriation will be distributed to the community colleges in equal monthly payments made on or about the fifteenth of each month.
d. Moneys appropriated and distributed to community colleges herein shall be used to supplement and not supplant any approved faculty salary increases or negotiated agreements, excluding the distribution of the funds herein. Eligible expenditures for the moneys appropriated are for salary expenditures and the required college contribution to FICA and IPERS or alternative retirement benefits system. These moneys shall then be considered as part of the instructor’s salary in future years.
e. Moneys distributed to a community college hereunder shall be allocated to all full–time faculty and shall include part–time faculty covered by a collective bargaining agreement. The moneys shall be allocated pursuant to any existing negotiated agreements according to Iowa Code chapter 20. If no language exists to specify the method of allocation, the moneys shall be allocated equally to all full–time faculty with part–time faculty who are covered by a collective bargaining agreement receiving a prorated share.
281—21.4(260C) Curriculum and evaluation.
21.4(1) College parallel.
a. This program shall offer courses that are the equivalent of the first two years of a baccalaureate program and may also include: such courses as may be necessary to develop skills that are prerequisite to other courses and objectives; and specialized courses required to provide career options within the college parallel program. A follow–up of students terminating shall be conducted to determine how well students have succeeded and which adjustments in the curriculum, if any, need to be made.
b. Courses of a remedial nature or prefreshman level shall not bear college transfer credit and shall be clearly identified in the college catalog and on transcripts.
21.4(2) Vocational education. Instruction shall be offered in vocational education programs in no less than five different occupational fields as defined by the state department of education. College parallel courses may be offered as needed in career education programs. Instruction shall be offered in vocational education programs, ensuring that they are competency based, contain all minimum competencies required by the department of education, articulate with local school districts vocational education programs, and comply with any applicable requirements in Iowa Code chapter 258. The occupational fields in which instruction is offered shall be determined by merged area and geographical area needs as identified by surveys in these areas. Occupational advisory committees may be used to assist in developing and maintaining instructional content, including leadership development.
21.4(3) Adult education. Adult education shall be offered and may include adult basic education, adult continuing and general education, college parallel, high school completion, supplementary and preparatory career education programs, and other programs and experiences as may be required to meet the needs of people in the merged area.
21.4(4) Programs for the handicapped. Surveys shall be conducted in each merged area to determine the educational needs of persons who, due to academic, socioeconomic, or other handicaps, are prevented from succeeding in regular educational programs. These surveys would then serve as a basis for appropriate modifications in facilities, materials, and instructional arrangements. The modifications would then make it possible for those whose abilities and interests warrant it to enroll in such programs.
21.4(5) Community services. The community colleges shall provide a program of community services designed to meet the needs of persons residing in the merged area. The purpose of the community service program shall be to foster agricultural, business, cultural, industrial, recreational and social development in the area.
21.4(6) Vocational education.
a. Each course offered in the area of vocational education shall be taught in the shortest practical period of time at a standard consistent with the quality and quantity of work needed to prepare the student for successful employment in the occupation for which instruction is being offered.
b. A full–time student in vocational education shall be defined as one who is taking 12 or more credit hours or the equivalent in vocational education.
c. Curricula in full–time vocational education programs shall ordinarily be offered on the basis of a workload of 20 to 30 contact hours per week.
281—21.5(260C) Library or learning resource center.
21.5(1) Facilities. Community college libraries or learning resource centers shall provide the facilities and resources needed to support the total educational program of the institution and should show evidence that the facilities and the resources are being used effectively and efficiently. Adequate consideration shall be given to the seating, comfort and setting of the facility used to house the collection.
21.5(2) Staffing. The library or learning resource center shall be adequately staffed with qualified and certified professionals and skilled nonprofessional personnel.
21.5(3) Collection. The collection of a community college shall be adequate in size and scope to serve effectively the number and variety of programs offered and the number of students enrolled. The collection shall show evidence of having been selected by faculty as well as professional library or learning resource staff and shall be kept up–to–date through a planned program of acquisition and deletion. The collection shall contain an appropriate range and number of print and nonprint materials, effectively organized and quartered in a manner which maximizes use.
21.5(4) Expenditures. The budget of the library or learning resource center shall be appropriate for the programs and services offered by the institution. New programs and new curricula shall be reflected in library or learning resource center expenditures.
281—21.6(260C) Student services. A program of student services shall be provided to meet the needs of students in the community college. The program of student services shall include the following seven functional areas:
a. Orientation to college and career opportunities and requirements.
b. Appraisal of individual potential.
c. Consultation with students about their plans, progress and problems.
d. Participation of students in activities that supplement classroom experiences.
e. Regulation to provide an optimal climate for social and academic development.
f. Services that facilitate community college attendance through a program of financial assistance, and facilitate transition to further education or employment.
g. Organization that provides for continuing articulation, evaluation and improvement of the student services program.
281—21.7(260C) Laboratories, shops, equipment and supplies. Laboratories, shops, equipment and supplies comparable with that used in the occupations for which instruction is offered shall be provided in accordance with the conditions of the most recent state plan for vocational education. Similarly, college parallel courses shall be supported in a manner comparable to those conditions which prevail in standard, regionally accredited colleges and universities in which students may wish to transfer college credits.
281—21.8(260C) Physical plant. The site, buildings and equipment of the community college shall be well maintained and in good repair. A consistent plan of systematic maintenance shall be in evidence. The physical plant shall be adequate in size and properly equipped for the program offered and shall conform to Iowa Code chapter 104A. All remodeling of existing facilities shall comply with the “American Standard Specifications for Making Building and Facilities Accessible to and Usable by the Physically Handicapped.”
281—21.9(260C) Building and site approval.
21.9(1) Site size. All sites for community colleges shall be approved by the director of education. The minimum size for a community college site shall be 80 acres for the first 100,000 in total population in the merged area plus an additional ten acres for each additional 25,000 in population or major portion thereof. Provided, however, that the director of education may waive said requirements for good cause shown.
21.9(2) Building plans. All building plans and specifications for construction shall be submitted to the director of education for review and approval of educational adequacy.
21.9(3) Preliminary planning. Each community college board shall present evidence of adequate planning along with the preliminary building plans and specifications. Preliminary planning includes tentative program approval, a master campus plan, written educational specifications, site plot showing location of proposed facilities, and existing facilities, elevations and floor plans, and specifications of materials.
21.9(4) Other governmental approval. After a tentative approval has been received from the director of education, evidence shall be submitted indicating the approval by the state fire marshal and by the state department of public health, when required, before final approval will be made by the director of education.
21.9(5) Parking lots. All weather and adequately lighted parking lots of adequate size to accommodate the enrollment shall be included as part of the planned construction and shall include ramps on curbs to allow persons with mobility problems easy access to the building. Special parking spaces shall be provided for handicapped students.
21.9(6) Flexibility and expansion. Evidence shall be presented to show that flexibility and expansion of the proposed construction is possible.
21.9(7) Physically handicapped. The facilities planned shall be accessible to and functional for the physically handicapped and shall conform to Iowa Code chapter 104A.
21.9(8) Adequate facilities. All administrative facilities, classrooms, laboratories and related facilities shall be educationally adequate for the purpose for which they are designed.
21.9(9) Air–conditioning. All buildings may be air–conditioned, to accommodate year–round use of such facilities except for areas where air–conditioning is impractical.
21.9(10) Library or learning resource center. A library or learning resource center shall be planned as a part of the master campus plan and space made available for library or learning resource center services within the initial construction.
21.9(11) Student center. An area of the school plan shall be provided where students may gather informally and where food is available.
21.9(12) Nonreimbursable facilities. No facility intended primarily for events for which admission may be charged nor any facility specially designed for athletic or recreational activities other than physical education, shall be constructed with state–appropriated funds.
281—21.10(260C) Accreditation.
21.10(1) Purpose. The purpose of accreditation of Iowa’s community colleges is to confirm that each college is offering quality programs and services consistent with state standards.
21.10(2) Scope. Each community college is subject to accreditation by the state board of education, as provided in Iowa Code section 260C.47. The state board of education shall grant accreditation if a community college meets the standards established in this chapter.
21.10(3) Accreditation components. In order to be accredited by the state board of education and maintain accreditation status, a community college must be accredited by the North Central Association of Colleges and Schools, and meet the additional requirements stated for each component, as follows:
a. Mission and governance.
(1) Have a mission statement which reflects community needs.
(2) Have an organizational structure which reflects the mission of the institution.
(3) Provide broad involvement and participation in the governance of the institution.
1. Provide a current board policy manual, as set forth in subrule 21.2(1).
2. Document that policies are in place, communicated and implemented, as set forth in subrule 21.2(1).
(4) Have policies and procedures which are accessible, revised periodically, are communicated on a regular basis, reflect the needs of the constituencies, and serve as a basis for college operations.
(5) Ensure efforts to make education and services available to all learners, as outlined in Iowa Code subsection 260C.48(3).
(6) Demonstrate awareness and understanding of diverse cultures.
b. Instruction and curriculum.
(1) Utilize criteria for awarding certificates, diplomas, and degrees which include a general education component in degree and diploma programs, as set forth in subrule 21.2(10).
(2) Meet, to the greatest extent possible, educational opportunities and services, when applicable, but not be limited to:
1. The first two years of college work including preprofessional education.
2. Vocational and technical training.
3. Programs for in–service training and retraining of workers.
4. Programs for high school completion for students of post–high school age.
5. Programs for all students of high school age, who may best serve themselves by enrolling for vocational and technical training, while also enrolled in a local high school, public or private.
6. Programs for students of high school age to provide advanced college placement courses not taught at a student’s high school while the student is also enrolled in the high school.
7. Student personnel services.
8. Community services.
9. Vocational education for persons who have academic, socioeconomic, or other disabilities which prevent succeeding in regular vocational education programs.
10. Training, retraining, and all necessary preparation for productive employment of all citizens.
11. Vocational and technical training for persons who are not enrolled in a high school and who have not completed high school.
12. Developmental education for persons who are academically or personally underprepared to succeed in their program of study, as set forth in Iowa Code section 260C.1.
(3) Provide learning resource services which support the instructional and informational needs of the students, staff, college, and community, as set forth in rule 21.5(260C).
(4) Provide educational services which are responsive to the needs of individuals, business, industry, labor, and community.
(5) Have an articulation process with secondary and postsecondary educational institutions.
c. Student support systems and services.
(1) Provide a catalog which shall be the official publication of the community college, as set forth in subrule 21.2(7).
(2) Follow a defined process for developing and maintaining educational programs, including assessing student academic achievement.
(3) Maintain accurate, confidential, and accessible student records, as set forth in subrule 21.2(11).
(4) Provide services which address recruitment, admissions, assessment/placement, advisement, orientation, financial assistance, counseling, records retention, and student activities which are responsive to the needs and expectations of students.
(5) Provide a student–centered environment.
(6) Provide curricular support services through counseling, academic advisement, and placement transition assistance based on identified student needs.
d. Administration and human resources.
(1) Demonstrate ethical practices in both internal and external relationships.
(2) Utilize a comprehensive, ongoing strategic planning process in which staff analyze and evaluate data and information for continued institutional effectiveness.
(3) Demonstrate effective internal and external communications.
(4) Employ qualified and appropriately licensed personnel, as set forth in rule 21.3(260C).
(5) Identify needs and provide opportunities for staff development.
e. Finances and facilities.
(1) Organize financial resources to support its offerings and services.
(2) Provide physical resources and appropriate technologies to support its offerings and services, as set forth in rule 21.6(260C).
281—21.11(260C) Community college accreditation process.
21.11(1) Components. The community college accreditation process shall include two components as follows:
a. Each community college shall submit required data to be monitored on an annual basis by the department of education for compliance with program evaluation requirements adopted by the state board of education.
b. The department of education shall conduct an on–site comprehensive evaluation of each community college during the same year as the evaluation by the North Central Association of Colleges and Schools. The department of education shall conduct an interim evaluation midway between comprehensive evaluations. The comprehensive evaluation will be conducted no less than once each ten–year period, and the interim evaluation will be conducted five years following each comprehensive evaluation.
21.11(2) Accreditation team. The size and composition of the accreditation team shall be determined by the director, but the team shall include members of the department of education staff and staff members from community colleges other than the community college being evaluated for accreditation.
21.11(3) Accreditation team action. After a visit to a community college, the accreditation team shall determine whether the accreditation standards have been met and shall make a report to the director and the state board of education, together with a recommendation as to whether the community college should remain accredited. The accreditation team shall report strengths and weaknesses, if any, for each standard and shall advise the community college of available resources and technical assistance to further enhance strengths and improve areas of weakness. A community college may respond to the accreditation team’s report.
21.11(4) State board of education consideration of accreditation. All community colleges shall be deemed accredited on October 1, 1997. The state board of education shall determine whether a community college shall remain accredited. Approval of a community college by the state board of education shall be based on the recommendation of the director of the department of education after study of the factual and evaluative evidence on record pursuant to the standards described in this chapter, and based upon the timely submission of information required by the department of education in a format provided by the department of education.
a. Accreditation granted. Continuation of accreditation, if granted, shall be for a term of ten years; however, approval for a lesser term may be granted by the state board of education if it determines conditions so warrant.
b. Accreditation denied or conditional accreditation. If the state board of education denies accreditation or grants conditional accreditation, the director of the department of education, in cooperation with the board of directors of the community college, shall establish a plan prescribing the procedures that must be taken to correct deficiencies in meeting the standards and shall establish a deadline for correction of the deficiencies. The deadline for correction of deficiencies under a plan shall be no later than June 30 of the year following the on–site visit of the accreditation team. The plan is subject to approval of the state board of education. Plans shall include components which address correcting deficiencies, sharing or merger options, discontinuance of specific programs or courses of study, and any other options proposed by the state board of education or the accreditation team to allow the college to meet the standards.
c. Implementation of plan. During the time specified in the plan for its implementation, the community college remains accredited. The accreditation team shall revisit the community college and shall determine whether the deficiencies in the standards have been corrected and shall make a report and recommendation to the director and the state board of education. The state board of education shall review the report and recommendation, may request additional information, and shall determine whether the deficiencies have been corrected.
d. Removal of accreditation. The director shall give a community college which fails to meet accreditation standards at least one year’s notice prior to removal of accreditation. The notice shall be given by certified mail or restricted certified mail addressed to the chief executive officer of the community college and shall specify the reasons for removal of accreditation. The notice shall also be sent to each member of the board of directors of the community college. If, during the year, the community college remedies the reasons for removal of accreditation and satisfies the director that the community college will comply with the accreditation standards in the future, the director shall continue the accreditation and shall transmit notice of the action to the community college by certified mail or restricted certified mail.
e. Failure to correct deficiencies. If the deficiencies have not been corrected in a program of a community college, the community college board shall take one of the following actions within 60 days from removal of accreditation:
(1) Merge the deficient program or programs with a program or programs from another accredited community college.
(2) Contract with another educational institution for purposes of program delivery at the community college.
(3) Discontinue the program or programs which have been identified as deficient.
f. Appeal process provided. The action of the director to remove a community college’s accreditation may be appealed to the state board of education as provided in Iowa Code subsection 260C.47(7).
281—21.12(260C) Standards for community colleges. All community colleges are subject to the same standards. However, vocational technical institutions are not expected to offer a program equivalent to the first two years of baccalaureate college work including preprofessional education nor provide the instructors, facilities and equipment for such college work.
The rules in this division are intended to implement Iowa Code chapter 260C and 2007 Iowa Acts, Senate File 601.
DIVISION II
COMMUNITY COLLEGE ENERGY APPROPRIATIONS
DIVISION III
INSTRUCTIONAL COURSE FOR DRINKING DRIVERS
281—21.30(321J) Purpose. The purpose of the instructional course for drinking drivers is designed to inform the offender about drinking and driving and encourage the offender to assess the offender’s own drinking and driving behavior in order to select practical alternatives.
281—21.31(321J) Course. A course provided according to this chapter shall be offered on a regular basis at each community college or by a substance abuse treatment program licensed under Iowa Code chapter 125. However, a community college shall not be required to offer the course if a substance abuse treatment program licensed under Iowa Code chapter 125 offers the course within the merged area served by the community college.
Enrollment in the course is not limited to persons ordered to enroll, attend, and successfully complete the course required under Iowa Code sections 321J.1 and 321J.17, subsection 2. However, any person under the age of 18 who is required to attend the courses for violation of Iowa Code section 321J.2 or 321J.17 must attend a course offered by a substance abuse treatment program licensed under Iowa Code chapter 125.
Any instructional course shall be approved by the department of education in consultation with the community colleges and substance abuse treatment programs licensed under Iowa Code chapter 125. Each course of instruction shall establish the following:
1. An understanding that alcohol–related problems could happen to anyone and that a person’s drinking choices matter. The course illustrates common views of society that prevent people from taking drinking choices seriously. Research is presented to challenge common views with an understanding that alcohol problems are related to lifestyle choices.
2. An understanding that specific low–risk choices will help reduce the risk of experiencingalcohol–related problems at any point in life. The course presents research–based, low–risk guidelines.
3. Methods of providing support for making low–risk choices.
4. An accurate description of the progression of drinking to the development of alcoholism to help people weigh the risk involved with high–risk drinking and to see how high–risk choices may jeopardize their lives and the lives of others.
5. Opportunities to develop a specific plan of action to follow through with low–risk choices. A list of community resources is provided for ongoing support and treatment as needed.
281—21.32(321J) Tuition fee established.
1. Each person enrolled in an instructional course for drinking drivers shall pay to the community college or to a substance abuse treatment program licensed under Iowa Code chapter 125 a tuition fee of $85 for the approved 12–hour course, plus a reasonable book fee or $185 for the court–ordered approved 28–hour weekend course, plus a reasonable book fee. For the court–ordered approved 28–hour weekend course, the community college or the substance abuse treatment program licensed under Iowa Code chapter 125 shall set a reasonable fee for lodging, meals, and security.
2. A person shall not be denied enrollment in a course by reason of a person’s indigency. For court–ordered placement, the court shall determine a person’s indigency. In all other instances, the community college or the substance abuse treatment program licensed under Iowa Code chapter 125 shall determine indigence upon application.
281—21.33(321J) Administrative fee established.
21.33(1) Students enrolled in Iowa. Beginning January 1, 2003, each person enrolled in Iowa in an instructional course for drinking drivers under this chapter shall be charged an administrative fee of $10. This fee is in addition to tuition and shall be collected by the provider of the instructional course in conjunction with the tuition fee established under 281—21.32(321J). The administrative fee shall be forwarded to the department of education on a quarterly basis as prescribed by the department. If a student has been declared by the court as indigent, no administrative fee will be charged to that student.
21.33(2) Students enrolled in another state. Beginning January 1, 2004, each person enrolled outside the state of Iowa in an instructional course for drinking drivers under this chapter shall be charged an administrative fee of $25. This fee is in addition to tuition and shall be paid directly to the department of education by the student. Upon payment of the fee, the department of education shall review the educational component of the course taken by the student and shall inform the department of transportation whether the educational component is approved by the department of education.
The rules in this division are intended to implement
Iowa Code section 321J.22 as amended by 2003 Iowa Acts, chapter 180, section
60.
DIVISION IV
JOBS NOW CAPITALS ACCOUNT
DIVISION V
STATE COMMUNITY COLLEGE FUNDING PLAN
281—21.45(260C) Purpose. A distribution plan for general state financial aid to Iowa’s community colleges is established for the fiscal year commencing July 1, 1999, and succeeding fiscal years. Funds appropriated by the general assembly to the department of education for general financial aid to community colleges shall be allocated to each community college in the manner defined in this chapter.
21.45(1) Definitions. For the purpose of this rule, the following definitions shall apply:
“Academic year” means a period of time which begins with the first day of the fall term for each community college and continues through the day preceding the start of the next fall term as indicated in the official college calendar.
“Base funding” means the amount of general state financial aid each community college received as an allocation from appropriations made from the state general fund in the base year.
“Base year” means the fiscal year ending during the calendar year in which a budget is certified.
“Contact hour” for a noncredit course equals 50 minutes of contact between an instructor and students in a scheduled course offering for which students are registered.
“Credit hour,” for purposes of community college funding distribution, shall be as defined in subrule 21.2(13).
“Eligible credit courses” means all credit courses that are eligible for general state financial aid and which must be part of an approved program of study. Developmental education courses that award credit hours are eligible for inclusion in the FTEE calculation. The department of education shall review and provide a determination should a question of eligibility occur.
“Eligible noncredit courses” means all noncredit courses eligible for general state financial aid that must fit one of the following ten eligible categories for noncredit courses:
1. Community resource development: courses that provide participants with information which may result in improved and enhanced community resources or community development programs.
2. State–mandated or state–approved: organized educational instruction designed to meet legislated or licensing requirements as defined in the Code of Iowa. The educational curriculum for such instruction is approved by the department of education, licensing boards, or state departments.
3. Legal and consumer rights: a group of instructional courses that provide the opportunity to become a better–informed and more thoughtful consumer and identify the consumer’s rights and obligations under a contract.
4. Health: courses designed to enhance understanding, attitudes, and practices relating to individual, family, and community health. Instruction is based on scientific facts that serve as a foundation for decision making and action to achieve health potentials.
5. Employment and business: learning activities that are designed to develop skills needed to obtain and enhance employment. The activities will provide an understanding of business principles and practices having applications in business and industry locally, regionally, nationally, and internationally.
6. Programs for individuals with restricted incomes: a group of instructional courses designed for individuals living on a restricted income. These individuals include the elderly, widows and widowers, unemployed or those receiving financial aid from federal and state welfare agencies and organizations. Each course offered in this classification must clearly indicate that it is offered for restricted–income individuals, and enrollment efforts must be directed to these individuals.
7. Environmental education: instructional courses designed to assist individuals to understand the effect upon one’s health and well–being of environmental factors such as water supply, pollution control, food contamination, air pollution, radiation exposure, and hazardous materials.
8. Consumer and homemaking adult education: instructional courses designed to include instruction on child development, care and guidance; clothing and textiles; consumer education; family/individual health; family living and parenthood; food and nutrition; home management (including resource management); and housing, home furnishing and equipment.
9. Adult vocational training/retraining education: individual vocational courses, each complete in itself and designed for the specific purposes of training persons for upgrading the skills of persons presently employed, and retraining persons for new employment.
10. ABE/adult high school completion/ESL: includes adult basic education, adult high school completion and English as a second language.
The department of education shall review and provide a determination should a question of eligibility occur.
“Eligible student” means a student enrolled in eligible credit or eligible noncredit courses. Ineligible students include students enrolled in courses that deal with recreation, hobbies, casual culture, or self–enjoyment subjects; programs or contracts funded from 260E sources; students in high school completion programs registered with a community college on or before the third Friday in September, which are claimed for funding by a K–12 school district; students registered as a part of the department of corrections contracts through the state penal institutions; students served for the sole purpose of testing; or students who reside in nursing homes. The department of education shall review and provide a determination should a question of eligibility occur.
“Enrollment,” for the purposes of calculating the distribution of the proportional share of state general aid, means full–time equivalent enrollment (FTEE).
“Fiscal year” means a year beginning July 1 of a given calendar year and ending June 30 of the next calendar year.
“Full–time equivalent enrollment (FTEE)” means that one FTEE equals 24 credit hours for credit courses or 600 contact hours for noncredit courses generated by all eligible students enrolled in eligible courses.
“Inflation rate” shall be calculated by determining the percent change in the consumer price index for all urban consumers (CPI–U) as a percent change from the value for the quarter ending June 30 twelve months prior to the beginning of the base year to the value for the quarter ending June 30 prior to the base year.
21.45(2) Moneys appropriated by the general assembly from the general fund to the department of education for community college purposes for general state financial aid for a fiscal year shall be allocated to each community college by the department of education based on each community college’s base funding, the inflation rate, and the college’s proportional share of the total FTEE. The appropriations shall be allocated in the following manner and sequence:
a. Base funding. The amount of general state financial aid each community college received as an allocation from appropriations made from the state general fund in the base year.
b. Inflation rate. After the base funding has been determined, a 2 percent inflation increase shall be multiplied by each college’s state aid allocation from the base year.
c. If the increase in the total state general aid exceeds 2 percent, an amount up to 1 percent shall be distributed based upon each college’s most recently determined proportional share of FTEE.
d. Additional inflation rate. If the inflation rate exceeds 2 percent and the increase in total state aid permits, each community college’s allocation shall be increased until the inflation rate is satisfied.
e. Additional proportional share of total FTEE. If the increase in the total state general aid exceeds the funds needed to meet the allocation requirements in paragraphs “a” through “d” above, the remaining amount shall be distributed based on each college’s most recent proportional share of total FTEE.
If the total increase in total state general aid is equal to or less than 2 percent, the increase shall be distributed as inflation.
21.45(3) Program length for the associate of applied sciences (AAS) degree in vocational–technical subjects and for the associate of applied arts (AAA) degrees shall consist of an academic program being the equivalent of a maximum of four semesters and two summer sessions of instruction. AAS and AAA degree programs shall not exceed a maximum of 86 credit hours unless the department of education has granted a waiver pursuant to 21.45(5).
21.45(4) All credit–bearing courses required for program admittance or graduation, or both, must be included in the 86–credit–hour maximum, with the exception of developmental credit hours. Prerequisites that provide an option to students for credit or noncredit shall be counted toward the program maximum of 86 credit hours. Noncredit prerequisites will not be counted toward the 86–credit–hour maximum.
21.45(5) AAS and AAA programs that receive accreditation from nationally recognized accrediting bodies may appeal maximum credit–hour–length requirements to the department of education for consideration of a waiver. All AAS and AAA degree programs over the 86–semester–hour maximum must have approved program–length waivers.
21.45(6) All credit certificate and diploma programs as defined in subrule 21.2(10) shall not exceed 48 credit hours.
21.45(7) Each community college shall provide information in the manner and form as determined by the department of education to implement this chapter. If the community college fails to provide the information as requested, the department shall estimate the FTEE of that college.
21.45(8) Each community college is required to complete and submit an annual student enrollment audit to the department of education. Adjustments to community college state general aid allocations shall be made based on student enrollment audit outcomes.
This rule is intended to implement Iowa Code sections 260C.14(21) and 260C.49.
DIVISION VI
INTERCOLLEGIATE ATHLETIC COMPETITION
DIVISION VII
QUALITY INSTRUCTIONAL CENTER INITIATIVE
281—21.57(260C) Purpose. The purpose of quality instructional centers is to stimulate the pursuit of excellence in community college instruction by promoting the creation or enhancement of high quality, unique, high cost, capital intensive, or highly specialized vocational–technical and occupational programs, which cannot be practically or economically offered at more than a few colleges.
“Center” refers to a program or programs of instruction (not to a facility) and to any related instructional activities that have been approved to receive quality instructional center funds.
“Excellence 2000” refers to the account from which funds will be allocated for quality instructional centers.
“Occupational education” includes career option degree programs at community colleges.
“Program” refers to a state board approved program of instruction at a community college.
“Unique” refers to a center that meets the specific needs of a community, and may be unduplicated within a specified geographic area or the state; may be interdisciplinary; or may include a cluster of related programs.
“Vocational–technical education” refers to a vocational–technical diploma or degree program at a community college.
281—21.59(260C) Eligibility requirements. A proposed quality instructional center that has as its central component a new or existing approved full–time vocational–technical or occupational, diploma or degree program shall be considered for approval. In addition, the program must be unique, and the proposal shall demonstrate improvement of quality that exceeds previous or normally expected student and instructional outcomes. A new program, or an existing program that requires significant modification to meet quality instructional center evaluation criteria, shall be approved prior to the first term of operation.
281—21.60(260C) Timelines. The department shall solicit and receive proposals by November 1 of the calendar year prior to the fiscal year for which funds are to be appropriated. Successful applications shall be approved and tentative allocations of funds shall be made by the department by February 1. Final allocations shall be determined by June 15. Applications for continuation of approval of a center beyond the first year shall be subject to these timelines. During the calendar year prior to the first fiscal year of operation, timelines shall be adjusted as necessary. Center implementation is subject to the appropriation of funds.
281—21.61(260C) Evaluation and selection criteria. Each institution applying for approval of a quality instructional center shall prepare a proposal identifying the rationale for program selection and the enhancements that would be made if the proposal were approved, including specific program objectives for enhancing program quality.
Applications for the continuation of approved quality instructional centers shall be subject to the same submission and evaluation process as applications for new centers. Proposals shall be organized according to the following criteria:
21.61(1) Background. For existing programs, a brief history shall be provided. For new programs, a three–year plan shall be outlined and described. This section shall include current and projected enrollment and placement data, and advisory committee participation.
21.61(2) Description of the program. The proposal shall include a brief description of the purpose of the program, current and projected faculty, curriculum, equipment, facilities, articulation, business/industry linkages, and current and projected student participation figures. A center may be proposed as unique to a geographic area or the state. In this case, the central program must be either an existing program or a proposed new program that does not exist in the state or specified geographic area.
21.61(3) Opportunity for enhancement. This section of the proposal shall:
a. Provide a brief rationale for the center as a quality instructional center (if a center is proposed for a geographic region or the state, rationale shall be provided and the geographic area shall be clearly defined);
b. Identify how Excellence 2000 funds will raise the practice of the program to an exemplary level;
c. Delineate changes that will occur with Excellence 2000 funding;
d. Explain how these changes will enhance student access, student outcomes and institutional effectiveness;
e. Specify center objectives for enhancing program quality and measuring program effectiveness including how the center will meet the needs of members of special populations;
f. Address how advisory committee members will be involved in program enhancement; and
g. For continuation applications, explain how the institution is reducing its reliance on Excellence 2000 funds for the continuation of the program.
21.61(4) Budget and budget narrative. For an existing program, the current base budget shall be identified, and the areas to be enhanced shall be identified and explained, including specific expenditures and overall budget activity. For a new program, the proposal shall include a detailed listing and explanation of planned expenditures. Excellence 2000 funds shall be used to supplement, not to supplant, existing institutional resources.
21.61(5) Evaluation. An evaluation plan shall be included in the proposal. This plan shall include strategies for evaluating:
a. The center’s effectiveness in enhancing quality by meeting the stated goals and objectives;
b. The impact of Excellence 2000 funds on the center; and
c. Recommendations for continuing instructional program improvements.
281—21.62(260C) Funding. Quality instructional centers shall be funded out of the Community College Excellence 2000 account as specified in Iowa Code section 260D.14A.
281—21.63(260C) Annual report. A community college with an approved quality instructional center shall submit by October 1 a report indicating how funds received during the preceding fiscal year were spent and the projections of the next year’s funding needs. In addition, the annual report shall include an assessment of the center based on the evaluation plan submitted with the application.
The rules in this division are intended to implement Iowa Code section 260C.45.
DIVISION VIII
PROGRAM AND ADMINISTRATIVE
SHARING INITIATIVE
Rules 281—21.64(280A) to 21.71(280A), effective 12/20/91 were rescinded IAB 2/5/92, effective 1/7/92; these rules were
readopted IAB 4/1/92, effective 5/6/92.
281—21.64(260C) Purpose. The purpose of the program and administrative sharing initiative is to establish agreements to be entered into by two or more community colleges or by a community college and a higher education institution under the control of the board of regents. The initiative is designed to increase student access, enhance educational offerings throughout the state, and enhance interinstitutional cooperation.
“Administrative” refers to management and supervisory activities which support services necessary for direction and control of an institution.
“Excellence 2000” refers to the account from which funds will be allocated for the sharing initiative.
“Program” refers to a state board–approved program of instruction offering a certificate, diploma or degree at a community college.
“Sharing agreement” refers to a 28E Joint Exercise of Governmental Powers entered into by two or more eligible institutions to provide instructional or administrative services jointly, to the mutual advantage of the constituents of each institution.
281—21.66(260C) Eligibility requirements. The sharing agreement may be for a program provided by one or both sharing institutions or a new program designed by the sharing institutions. Shared administrative activities shall include existing positions and functions. The proposed sharing agreement shall be designed to increase student access to programs and services, enhance educational offerings throughout the state, enhance interinstitutional cooperation, and reduce unnecessary duplication. In addition, the sharing agreement must be between two or more community colleges, or between one or more community colleges and a higher education institution under the control of the board of regents.
281—21.67(260C) Timelines. The department shall solicit and receive proposals by February 1 of the calendar year prior to the fiscal year for which funds are to be appropriated. Successful applications shall be approved and tentative allocations of funds shall be made by April 1. Final allocations shall be determined by June 15. Applications for continuation of approval of a sharing agreement beyond the first year shall be subject to these timelines. Sharing agreement implementation is subject to the appropriation of funds.
281—21.68(260C) Evaluation and selection criteria. Proposed sharing agreements submitted for approval shall identify the rationale for using a sharing agreement to increase student access; increase cost–effectiveness for sharing institutions; use educational resources effectively; and reduce unnecessary duplication. Proposals shall include the following criteria:
21.68(1) Background.
a. Program sharing. A brief history of the program(s) to be shared. This section shall include current and projected enrollment, placement data, and involvement of faculty and advisory committee in planning.
b. Administrative sharing. A brief history of the administrative position or function to be shared.
21.68(2) Description of existing program(s) or function(s).
a. Program sharing. A brief description of the purpose of the program(s), current faculty, curriculum, equipment, facilities, articulation and business/industry linkages.
b. Administrative sharing. A brief description of the administrative position or function, and purpose.
21.68(3) Proposed sharing arrangement. A brief rationale for the sharing arrangement; description of the sharing arrangement; and identification of how the Excellence 2000 funds will enhance student access, be cost–effective, enhance educational resources, enhance interinstitutional cooperation, and reduce unnecessary duplication.
21.68(4) Budget and budget narrative. The current base budget for the existing program(s) or administrative activity and the proposed shared program or administrative activity shall be identified, including specific expenditures and overall budget activities. Excellence 2000 funds shall be used to supplement, not supplant, existing institutional resources.
21.68(5) Evaluation. An evaluation plan which includes strategies for evaluating: effectiveness of the sharing agreement in enhancing student access; cost–effectiveness; enhancement of interinstitutional cooperation; reduction of duplication of programs and services; and the impact of Excellence 2000 funds on the institutions involved in the sharing agreement.
281—21.69(260C) Funding. Sharing agreements shall be funded from the Community College Excellence 2000 account as specified in Iowa Code section 260D.14A.
281—21.70(260C) Annual report. Institutions involved in a sharing agreement shall submit by October 1 a report indicating how funds received during the preceding fiscal year were spent. In addition, the annual report shall include an assessment of the agreement based on the evaluation plan submitted with the application and recommendations for improvement in the sharing agreement.
281—21.71(260C) Combining merged areas—election. An administrative sharing agreement could ultimately result in combining merged areas, as specified in Iowa Code section 260C.39.
The rules in this division are intended to implement
Iowa Code section 260C.46.
DIVISION IX
APPRENTICESHIP PROGRAM
281—21.72(260C) Purpose. The purpose of the apprenticeship program is to provide individuals, at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, employment to learn a skilled trade or an occupation; and to authorize each community college to establish or contract for the establishment of apprenticeship programs for apprenticeable occupations.
“Apprentice” shall mean a worker at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn a skilled trade or occupation under the standards of apprenticeship.
“Apprenticeable occupation” is a skilled trade which possesses all of the following characteristics:
1. It is customarily learned in a practical way through a structured, systematic program of on–the–job, supervised training.
2. It is clearly identified and commonly recognized throughout an industry.
3. It involves manual, mechanical or technical skills and knowledge which require a minimum of 2,000 hours of on–the–job work experience.
4. It requires related instruction to supplement on–the–job training.
“Apprenticeship agreement” shall mean a written agreement between an apprentice and the apprentice’s employer, or an apprenticeship committee acting as the agent for the employer(s). The agreement contains the terms and conditions of the employment and training of the apprentice.
“Apprenticeship committee” shall mean those persons designated by the sponsor to act for it in the administration of the program. A committee may be “joint,” i.e., composed of an equal number of representatives of the employer(s) and of the employees represented by a bona fide collective bargaining agent(s), and is established to conduct, operate, or administer an apprenticeship program and enter into apprenticeship agreements with apprentices. A committee may be “unilateral” or “nonjoint” and shall mean a program sponsor in which a bona fide collective bargaining agent is not a participant.
“Apprenticeship program” shall mean a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, including such matters as the requirement for a written apprenticeship agreement.
“Bureau” shall mean the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor.
“Cancellation” shall mean the termination of the registration or approval status of a program at the request of the sponsor or termination of an apprenticeship agreement at the request of the apprentice.
“Certification” shall mean written approval by the Bureau of: (1) a set of apprenticeship standards developed by a national committee or organization, joint or unilateral, for policy or guidelines used by local affiliates, as substantially conforming to the standards of apprenticeship; or (2) an individual as eligible for probationary employment as an apprentice under a registered apprenticeship program.
“Employer” shall mean any person or organization employing an apprentice whether or not such person or organization is a party to an apprenticeship agreement with the apprentice.
“Registration agency” shall mean the Bureau.
“Registration of an apprenticeship agreement” shall mean the acceptance and recording thereof by the Bureau as evidence of the participation of the apprentice in a particular registered apprenticeship program.
“Related instruction” shall mean an organized and systematic form of instruction designed to provide the apprentice with knowledge of the theoretical and technical subjects related to the trade or occupation.
“Sponsor” shall mean any person, association, committee or organization operating an apprenticeship program and in whose name the program is (or is to be) registered or approved.
281—21.74(260C) Apprenticeship programs. For an apprenticeship program to be offered by a community college or a local educational agency, the program must be approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training, and meet all requirements outlined in Title 29, Part 29, of the National Apprenticeship Act.
The rules in this division are intended to implement
Iowa Code section 260C.44 and Title 29, Part 29, of the National
Apprenticeship Act.
DIVISION X
MISCELLANEOUS PROVISIONS
281—21.75(260C,82GA,SF358) Used motor vehicle dealer education program. An applicant for a license from the department of transportation as a used motor vehicle dealer shall complete a minimum of eight hours of prelicensing education program courses pursuant to 2007 Iowa Acts, Senate File 358, prior to submitting the application. The education program courses are provided by community colleges or by the Iowa Independent Automobile Dealers Association in conjunction with a community college. The fee for both the prelicensing education program courses and continuing education courses shall not exceed $50 per contact hour of instruction, which shall include course materials and administrative costs.
This rule is intended to implement Iowa Code chapter 260C and 2007 Iowa Acts, Senate File 358.
[Filed 1/11/66, amended 10/5/66, 10/10/66, 4/17/67, 3/11/74]
[Filed 11/20/81, Notice 9/30/81—published 12/9/81, effective 1/13/82]
[Filed 7/16/82, Notice 5/12/82—published 8/4/82, effective 9/8/82]
[Filed 9/15/83, Notice 7/20/83—published 10/12/83, effective 11/16/83]
[Filed 8/27/85, Notice 7/3/85—published 9/25/85, effective 10/30/85]
[Filed 12/13/85, Notice 11/6/85—published 1/1/86, effective 2/6/86]
[Filed 1/9/87, Notice 12/3/86—published 1/28/87, effective 10/1/87]
[Filed 6/12/87, Notice 5/6/87—published 7/1/87, effective 8/5/87]
[Filed 3/17/88, Notice 2/10/88—published 4/6/88, effective 7/1/88]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 3/15/89, Notice 2/8/89—published 4/5/89, effective 7/1/89]
[Filed 3/13/90, Notice 2/7/90—published 4/4/90, effective 7/1/90]
[Filed emergency 3/14/91—published 4/3/91, effective 3/14/91]
[Filed 3/15/91, Notice 2/6/91—published 4/3/91, effective 5/8/91]
[Filed 8/16/91, Notice 5/29/91—published 9/4/91, effective 10/9/91]
[Filed 9/13/91, Notice 2/6/91—published 10/2/91, effective 11/6/91]
[Filed emergency 12/20/91—published 1/8/92, effective 12/20/91]
[Filed emergency 1/7/92—published 2/5/92, effective 1/7/92]
[Filed 3/13/92, Notice 1/8/92—published 4/1/92, effective 5/6/92]
[Filed 4/15/94, Notice 1/19/94—published 5/11/94, effective 6/15/94]
[Filed 7/12/95, Notice 3/1/95—published 8/2/95, effective 9/9/95]
[Filed 8/8/97, Notice 6/4/97—published 8/27/97, effective 10/1/97]
[Filed 9/16/98, Notice 7/15/98—published 10/7/98, effective 11/11/98]à
[Filed emergency 8/4/00—published 8/23/00, effective 8/7/00]
[Filed 8/2/02, Notice 6/26/02—published 8/21/02, effective 9/25/02]
[Filed 11/21/02, Notice 10/2/02—published 12/11/02, effective 1/15/03]
[Filed 5/9/03, Notice 4/2/03—published 5/28/03, effective 7/2/03]
[Filed 11/19/03, Notice 9/17/03—published 12/10/03, effective 1/14/04]
[Filed 11/14/07, Notice
8/15/07—published 12/5/07, effective 1/9/08]à
chapter 22
POSTSECONDARY ENROLLMENT OPTIONS
“Act” means the postsecondary enrollment options Act, Iowa Code chapter 261C.
“Part–time enrollment” at an eligible institution shall be defined according to the policies of the eligible institution.
281—22.2(261C) Enrollment procedures. A student who first enrolls under the Act at the beginning of grade 11 may enroll in postsecondary courses for secondary credit for a period of time not to exceed four semesters, or six quarters, or the equivalent of two academic years. A student who first enrolls under the Act at the beginning of grade 12 may enroll in postsecondary courses for secondary credit for a period of time not to exceed two semesters, or three quarters, or the equivalent of one academic year. An eleventh or twelfth grade student enrolling for the first time under this Act in a postsecondary course for secondary credit during the school year shall have participation eligibility reduced proportionally. A ninth or tenth grade student who is identified as a gifted and talented student according to the school district’s criteria and procedures is eligible to enroll under this Act.
Students are eligible for summer enrollment of up to seven earned semester hours of credit if they have completed the eleventh grade but have not yet completed the requirements for graduation, and if the student pays the cost of attendance of those summer credit hours.
281—22.3(261C) Student eligibility. Persons who have graduated from high school are not eligible under Iowa Code chapter 261C.
Eligible students shall be residents of Iowa.
Nonpublic school students meeting all other eligibility requirements may apply to take courses under the Act in the public school district where the nonpublic school student attends, provided that neither the nonpublic school nor the public school district of attendance offers a comparable course.
Postsecondary institutions may require students to meet appropriate standards or requirements for entrance into a course. Such requirements may include prerequisite courses, scores on national academic aptitude and achievement tests, or other evaluation procedures to determine competency. Acceptance of a student into a course by a postsecondary institution is not a guarantee that a student will be enrolled in all requested courses.
Priority may be given to postsecondary students before enrolling eleventh and twelfth grade students in courses. However, once an eleventh or twelfth grade student has enrolled in a postsecondary course, the student cannot be displaced by another student for the duration of the course.
Students shall not “audit” postsecondary courses. The student must take the course for credit and must meet all of the requirements of the course which are required of postsecondary students.
In order to assist students and their parents or guardians to make knowledgeable decisions regarding participation and to assist school districts to plan for the following school year, school districts shall inform their students of the availability of the opportunity provided by the Act.
A student anticipating enrollment under this Act shall inform the school district and the authorities in charge of an accredited nonpublic school of the intent to participate, apply at the postsecondary institution, and sign a statement indicating that the student and parent or guardian have received information about the Act.
The school district or accredited nonpublic school shall certify the eligibility of its students for participation under this Act. A student shall not be eligible for participation until the school district or accredited nonpublic school completes the certification of eligibility.
281—22.4(261C) Eligible postsecondary courses. These rules are intended to implement the policy of the state to promote rigorous academic pursuits. Therefore, postsecondary courses eligible for students to enroll in under Iowa Code chapter 261C shall be limited to:
Nonsectarian courses;
Courses that are not comparable to courses offered by the school district where the student attends which are defined in rules adopted by the board of directors of the public school district;
Credit–bearing courses that lead to an educational degree;
Courses in the discipline areas of mathematics, science, social sciences, humanities, vocational–technical education, and also the courses in career option programs offered by area schools established under the authorization provided in Iowa Code chapter 260C.
A school district or accredited nonpublic school district shall grant academic or vocational–technical credit to an eligible pupil enrolled in an eligible postsecondary course.
281—22.5(261C) Request for payment time frames. By May 1 of each calendar year, postsecondary institutions shall send to local school districts a request for payment for participation in the postsecondary enrollment options Act. The request shall identify the students, courses, credits, and charges.
A pupil attending an accredited nonpublic school shall be counted as a shared–time student in the school district in which the nonpublic school of attendance is located.
281—22.6(261C) Tuition reimbursements and adjustments. The failure of a pupil to complete or otherwise to receive credit for an enrolled course requires the pupil, if 18 years of age or older, to reimburse the school district for the cost of the enrolled course. If the pupil is under 18 years of age, the pupil’s parent, guardian, or custodian shall sign the student registration form indicating that they assume all responsibility for the costs directly related to the incomplete or failed coursework. A waiver verification form shall be available from the area education agency for use by the pupil or pupil’s parent, guardian or legal custodian to cite legitimate reasons for the pupil’s inability to complete or pass the coursework.
An eligible postsecondary institution shall make pro rata adjustments to tuition reimbursement amounts based upon federal guidelines established pursuant to 20 U.S.C. §1091b.
These rules are intended to implement Iowa Code Supplement chapter 261C.
[Filed 10/18/88, Notice 9/7/88—published 11/16/88, effective 12/21/88]
[Filed 10/12/90, Notice 9/5/90—published 10/31/90, effective 12/5/90]
[Filed 11/22/91, Notice 10/2/91—published 12/11/91, effective 1/15/92]
[Filed 12/14/92, Notice 9/16/92—published 1/6/93, effective 2/10/93]
[Filed 1/14/94, Notice 10/27/93—published 2/2/94, effective 3/9/94]
[Prior to 9/7/88, see Public Instruction Department[670] Ch 34]
281—23.1(260C) Planning process.
23.1(1) Basis. A state plan for adult education shall be developed as required by federal legislation. The plan shall be in such detail as the state director of education shall prescribe. Current federal rules and regulations shall be followed in developing the state plan.
23.1(2) State advisory council. A state advisory council shall be established for adult education as determined by the director of the department of education and shall be appointed by the director and composed of 15 members, one from each community college district representing a cross section of the population of the state. The council shall meet at regularly scheduled times. The actual cost of meals and lodging for the advisory council shall be paid by the department of education. Expenses for travel will be reimbursed at the allowable state rate. Each meeting shall be open to the public.
23.1(3) Participatory planning committee. The department of education shall involve a participatory planning committee in the development of the plan. The participatory planning committee shall include representatives of various agencies, groups, and organizations. The state plan shall provide for the selection of representatives and the manner in which the representatives will be involved in the development of the state plan. If the participatory planning committee is not able to agree upon a final plan, the department of education shall make the final decision. The state plan shall include notation of recommendations rejected and the reason for the rejection.
281—23.2(260C) Final plan. The final plan after approval by all parties concerned shall be implemented statewide. A copy of the final plan shall be made available to all individuals in the state upon request to the department of education.
These rules are intended to implement Iowa Code section 260C.1.
[Filed 3/27/81, Notice 2/4/81—published 4/15/81, effective 5/20/81]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 1/14/94, Notice 10/27/93—published 2/2/94, effective 3/9/94]
chapter 24
community college accreditation
281—24.1(260C) Purpose. As set forth in Iowa Code section 260C.1, the purpose of accreditation of Iowa’s community colleges is to confirm that each college is offering, to the greatest extent possible, educational opportunities and services, when applicable, but not be limited to:
1. The first two years of college work including preprofessional education.
2. Vocational and technical training.
3. Programs for in–service training and retraining of workers.
4. Programs for high school completion for students of post–high school age.
5. Programs for all students of high school age, who may best serve themselves by enrolling for vocational and technical training, while also enrolled in a local high school, public or private.
6. Programs for students of high school age to provide advanced college placement courses not taught at a student’s high school while the student is also enrolled in the high school.
7. Student personnel services.
8. Community services.
9. Vocational education for persons who have academic, socioeconomic, or other disabilities which prevent succeeding in regular vocational education programs.
10. Training, retraining, and all necessary preparation for productive employment of all citizens.
11. Vocational and technical training for persons who are not enrolled in a high school and who have not completed high school.
12. Developmental education for persons who are academically or personally underprepared to succeed in their program of study.
281—24.2(260C) Scope. Each community college is subject to accreditation by the state board of education, as provided in Iowa Code section 260C.47. The state board of education shall grant accreditation if a community college meets the standards established in this chapter.
281—24.3(260C) Definitions. For purposes of interpreting rule 281—24.5(260C), the following definitions shall apply:
“Field of instruction.” The determination of what constitutes each field of instruction should be based on accepted practices of regionally accredited two– and four–year institutions of higher education.
“Full–time instructor.” An instructor is considered to be full–time if the community college board of directors designates the instructor as full–time. Consideration of determining full–time status shall be based on local board–approved contracts.
“Higher Learning Commission.” The Higher Learning Commission is the accrediting authority within the North Central Association of Colleges and Schools. Iowa Code sections 260C.47 and 260C.48 require that the state accreditation process be integrated with that of the North Central Association of Colleges and Schools.
“Instructors meeting minimum requirements.” A community college instructor meeting the minimum requirements of Iowa Code section 260C.48, subsection 1, is a full–time instructor teaching college credit courses. Credit courses shall meet requirements as specified in rule 281—21.2(260C), and meet program requirements for college parallel, career and technical education, and career–option programs as specified in rule 281—21.4(260C) and Iowa Code chapter 260C.
“Minimum of 12 graduate hours.” The 12 graduate hours may be within the master’s degree requirements or independent of the master’s degree, but all hours must be in the instructor’s field of instruction.
“Relevant work experience.” An hour of recent and relevant work experience is equal to 60 minutes. The community college will determine what constitutes recent and relevant work experience that relates to the instructor’s occupational and teaching area. The college shall maintain documentation of the instructor’s educational and work experience.
281—24.4(260C) Accreditation components and criteria—Higher Learning Commission. In order to be accredited by the state board of education and maintain accreditation status, a community college must meet the accreditation criteria of the Higher Learning Commission and additional state standards. The Higher Learning Commission accreditation criteria are as follows:
24.4(1) Mission and integrity.
a. The organization’s mission documents are clear and articulate publicly the organization’s commitments.
b. In its mission documents, the organization recognizes the diversity of its learners, other constituencies, and the greater society it serves.
c. Understanding of and support for the mission pervade the organization.
d. The organization’s governance and administrative structures promote effective leadership and support collaborative processes that enable the organization to fulfill its mission.
e. The organization upholds and protects its integrity.
24.4(2) Preparing for the future.
a. The organization realistically prepares for a future shaped by multiple societal and economic trends.
b. The organization’s resource base supports its educational programs and its plans for maintaining and strengthening the program’s quality in the future.
c. The organization’s ongoing evaluation and assessment processes provide reliable evidence of institutional effectiveness that clearly informs strategies for continuous improvement.
d. All levels of planning align with the organization’s mission, thereby enhancing the organization’s capacity to fulfill that mission.
24.4(3) Student learning and effective teaching.
a. The organization’s goals for student learning outcomes are clearly stated for each educational program and make effective assessment possible.
b. The organization values and supports effective teaching.
c. The organization creates effective learning environments.
d. The organization’s learning resources support student learning and effective teaching.
24.4(4) Acquisition, discovery, and application of knowledge.
a. The organization demonstrates, through the actions of its board, administrators, students, faculty, and staff, that it values a life of learning.
b. The organization demonstrates that acquisition of a breadth of knowledge and skills and the exercise of intellectual inquiry are integral to its educational programs.
c. The organization assesses the usefulness of its curricula to students who will live and work in a global, diverse, and technological society.
d. The organization provides support to ensure that faculty, students, and staff acquire, discover, and apply knowledge responsibly.
24.4(5) Engagement and service.
a. The organization learns from the constituencies it serves and analyzes its capacity to serve their needs and expectations.
b. The organization has the capacity and the commitment to engage with its identified constituencies and communities.
c. The organization demonstrates its responsiveness to those constituencies that depend on the organization for service.
d. Internal and external constituencies value the services the organization provides.
281—24.5(260C) Accreditation components and criteria—additional state standards. To be granted accreditation by the state board of education, an Iowa community college must also meet four additional standards pertaining to minimum standards for faculty; faculty load; special needs; and vocational education evaluation.
24.5(1) Faculty. Community college–employed instructors teaching full–time in career and technical education and arts and sciences, in accordance with Iowa Code section 260C.48, subsection 1, shall meet, at a minimum, the following requirements:
a. Instructors in the subject area of career and technical education shall be registered, certified, or licensed in the occupational area in which the state requires registration, certification, or licensure, and shall hold the appropriate registration, certificate, or license for the occupational area in which the instructor is teaching, and shall meet either of the following qualifications:
(1) A baccalaureate or graduate degree in the area or a related area of study or occupational area in which the instructor is teaching classes.
(2) Special training and at least 6,000 hours of recent and relevant work experience in the occupational area or related occupational area in which the instructor teaches classes if the instructor possesses less than a baccalaureate degree.
b. Instructors in the subject area of arts and sciences shall meet either of the following qualifications:
(1) Possess a master’s degree from a regionally accredited graduate school, and have successfully completed a minimum of 12 credit hours of graduate level courses in each field of instruction in which the instructor is teaching classes.
(2) Have two or more years of successful experience in a professional field or area in which the instructor is teaching classes and in which postbaccalaureate recognition or professional licensure is necessary for practice, including but not limited to the fields or areas of accounting, engineering, law, law enforcement, and medicine.
c. Full–time developmental education and adult education instructors may or may not meet minimum requirements depending on their teaching assignments and the relevancy of standards to the courses they are teaching and the transferability of such courses. If instructors are teaching credit courses reported in arts and sciences or career and technical education, it is recommended that these instructors meet minimum standards set forth in 281—subrule 21.3(1), paragraph “a” or “b.”
24.5(2) Faculty load.
a. College parallel. The full–time teaching load of an instructor in college parallel programs shall not exceed a maximum of 16 credit hours per school term or the equivalent. An instructor may also have a teaching assignment outside of the normal school hours, provided the instructor consents to this additional assignment and the total workload does not exceed the equivalent of 18 credit hours within a traditional semester.
b. Career and technical education. The full–time teaching load of an instructor in career education programs shall not exceed 6 hours per day, and an aggregate of 30 hours per week or the equivalent. An instructor may also teach the equivalent of an additional 3 credit hours, provided the instructor consents to this additional assignment. When the teaching assignment includes classroom subjects (nonlaboratory), consideration shall be given to establishing the teaching load more in conformity with that of paragraph 24.5(2)“a.”
24.5(3) Special needs. Community colleges shall provide equal access in recruitment, enrollment, and placement activities for students with disabilities. Students with disabilities shall be given access to the full range of course offerings at a college through reasonable accommodations.
24.5(4) Vocational education evaluation. The community college vocational program review and evaluation system must ensure that the programs:
a. Are compatible with educational reform efforts.
b. Are capable of responding to technological change and innovation.
c. Meet educational needs of the students and employment community, including students with disabilities, both male and female students, and students from diverse racial and ethnic groups.
d. Enable students enrolled to perform the minimum competencies independently.
e. Are articulated/integrated with the total school curriculum.
f. Enable students with a secondary vocational background to pursue other educational interests in a postsecondary setting, if desired.
g. Provide students with support services and eliminate access barriers to education and employment for both traditional and nontraditional students, men and women, persons from diverse racial and ethnic groups, and persons with disabilities.
281—24.6(260C) Accreditation process.
24.6(1) Components. The community college accreditation process shall include the following components:
a. Each community college shall submit information on an annual basis to the department of education to comply with program evaluation requirements adopted by the state board of education.
b. The department of education shall conduct an on–site accreditation evaluation of each community college during the same year as the evaluation by the Higher Learning Commission.
24.6(2) Accreditation team. The size and composition of the accreditation team shall be determined by the director of the department, but the team shall include members of the department of education staff and staff members from community colleges other than the community college being evaluated for accreditation, and any other technical experts as needed.
24.6(3) Accreditation team action. After a visit to a community college, the accreditation team shall evaluate whether the accreditation standards have been met and shall make a report to the director of the department and the state board of education, together with a recommendation as to whether the community college should remain accredited. The accreditation team shall report strengths and opportunities for improvement, if any, for each standard and shall advise the community college of available resources and technical assistance to further enhance strengths and address areas for improvement. A community college may respond to the accreditation team’s report.
24.6(4) State board of education consideration of accreditation. The state board of education shall determine whether a community college shall remain accredited. Approval of a community college by the state board of education shall be based on the recommendation of the director of the department after study of the factual and evaluative evidence on record pursuant to the standards described in this chapter, and based upon the timely submission of information required by the department of education in a format provided by the department of education. With the approval of the director of the department, a focus visit may be conducted if the situation at a particular college warrants such a visit.
a. Accreditation granted. Continuation of accreditation, if granted, shall be for a term consistent with the term of accreditation by the Higher Learning Commission; however, approval for a lesser term may be granted by the state board of education if the board determines that conditions so warrant.
b. Accreditation denied or conditional accreditation. If the state board of education denies accreditation or grants conditional accreditation, the director of the department of education, in cooperation with the board of directors of the community college, shall establish a plan prescribing the procedures that must be taken to correct deficiencies in meeting the standards and shall establish a deadline for correction of the deficiencies. The plan is subject to approval of the state board of education. The plan shall include components which address correcting deficiencies, sharing or merger options, discontinuance of specific programs or courses of study, and any other options proposed by the state board of education or the accreditation team to allow the college to meet the standards.
c. Implementation of plan. During the time specified in the plan for its implementation, the community college remains accredited. The accreditation team shall revisit the community college to evaluate whether the deficiencies in the standards have been corrected and shall make a report and recommendation to the director and the state board of education. The state board of education shall review the report and recommendation, may request additional information, and shall determine whether the deficiencies have been corrected.
d. Removal of accreditation. The director shall give a community college which fails to meet accreditation standards at least one year’s notice prior to removal of accreditation. The notice shall be sent by certified mail or restricted certified mail addressed to the chief executive officer of the community college and shall specify the reasons for removal of accreditation. The notice shall also be sent to each member of the board of directors of the community college. If, during the year, the community college remedies the reasons for removal of accreditation and satisfies the director that the community college will comply with the accreditation standards in the future, the director shall continue the accreditation and shall transmit notice of the action to the community college by certified mail or restricted certified mail.
e. Failure to correct deficiencies. If the deficiencies have not been corrected in a program of a community college, the community college board shall take one of the following actions within 60 days from removal of accreditation:
(1) Merge the deficient program or programs with a program or programs from another accredited community college.
(2) Contract with another educational institution for purposes of program delivery at the community college.
(3) Discontinue the program or programs which have been identified as deficient.
f. Appeal process provided. The action of the director to remove the accreditation of a community college may be appealed to the state board of education as provided in Iowa Code section 260C.47, subsection 7.
These rules are intended to implement Iowa Code chapter 260C.
[Filed 7/27/06, Notice 6/7/06—published 8/16/06, effective 9/20/06]
CHAPTER 25
Reserved
TITLE IV
DRIVER AND SAFETY EDUCATION
CHAPTER 26
DRIVER EDUCATION
[Prior to 9/7/88, see Public Instruction Department[670] Ch 6]
Rescinded IAB 8/21/02, effective 9/25/02
CHAPTER 27
IOWA INDUSTRIAL START–UP TRAINING PROGRAM
Rescinded IAB 9/7/88
CHAPTERS 28 to 30
Reserved
TITLE V
NONTRADITIONAL STUDENTS
chapter 31
COMPETENT PRIVATE INSTRUCTION AND DUAL ENROLLMENT
[Prior to 9/7/88, see Public Instruction Department[670] Ch 63]
281—31.1(299) Purpose. It is the purpose of this chapter to give guidance to parents, guardians, and custodians, school boards, and teachers providing or assisting and supervising competent private instruction to children of compulsory attendance age outside the traditional school setting. This chapter also proposes to establish responsibilities related to dual enrollment.
281—31.2(299) Reports as to competent private instruction.
31.2(1) Reporting. The parent, guardian, or legal or actual custodian of a child of compulsory attendance age who does not enroll the child in a public school or Iowa accredited nonpublic school shall complete a report in duplicate on forms created by the department of education and provided by the resident public school district, indicating the parent, guardian, or custodian’s intent to provide or arrange for competent private instruction for the child for each school year. The report shall be filed with the school board secretary by the first day of school in the resident district, except as otherwise provided by these rules.
a. The report shall include the following information:
(1) The name and address of the parent, guardian, or custodian reporting;
(2) The name and birth date of the child;
(3) An indication of the number of days of instruction, which must be a minimum of 148 days per academic year;
(4) The name and address of the person providing competent private instruction to the child and an indication of whether that person is the holder of a valid Iowa practitioner license or teaching certificate appropriate to the age and grade level of the child being taught;
(5) An outline of the courses of study, including subjects covered, lesson plans, and time spent on the areas of study;
(6) The titles and authors or publishers of the texts to be used;
(7) Evidence of immunization of the child, as required by law, if the child is being placed under competent private instruction for the first time.
b. The report shall also seek the following information, which may be supplied by the person filing the report:
(1) An indication of whether and to what extent dual enrollment of the child in the public school is desired;
(2) An indication of whether the child is currently identified as a child requiring special education pursuant to the rules of special education;
(3) An indication of which form of annual assessment, if applicable, is to be administered to the child and which test, if known, is desired.
31.2(2) Late reporting. If a parent, guardian, or legal or actual custodian decides, after enrolling a child of compulsory attendance age in a public or accredited nonpublic school and after the deadline for filing a report under subrule 31.2(1), that the parent wishes to provide competent private instruction to the child, the parent, guardian, legal or actual custodian shall file the report required no later than 14 calendar days after removing the child from the public or accredited nonpublic school. Days of the child’s attendance in the public or nonpublic school up to the time of removal shall be applied to the 148–day minimum compulsory attendance requirement for the school year affected.
281—31.3(299) Duties of licensed practitioners.
31.3(1) Licensing requirements. A person who provides instruction to or instructional supervision of a student receiving competent private instruction shall be either the student’s parent, guardian, or legal custodian or a person who possesses a valid Iowa teaching certificate or practitioner license which is appropriate to the age and grade level of the student under competent private instruction.
31.3(2) Duties. The duties of a certificated or licensed teacher practitioner who instructs or provides instructional supervision of a student shall include the following:
a. Contact with the student and the student’s parent, guardian, or legal custodian at least twice per 45 days of instruction, during which time the teacher practitioner fulfills the duties described below. One of every two contacts shall be face–to–face with the student under competent private instruction.
However, if the instruction or instructional supervision is provided by a public or accredited nonpublic school in the form of a home school assistance program, the teacher practitioner shall have contact with the child and the child’s parent, guardian, or legal custodian at least four times per quarter during the period of instruction. One of every two contacts shall be face–to–face with the student under competent private instruction.
b. Consulting with and advising the student’s parent, guardian, or legal custodian with respect to the following during the course of the year’s visits:
(1) Lesson plans;
(2) Textbook and supplementary materials;
(3) Setting educational goals and objectives;
(4) Teaching and learning techniques;
(5) Forms of assessment and evaluation of student learning;
(6) Diagnosing student strengths and weaknesses;
(7) Interpretation of test results;
(8) Planning;
(9) Record keeping; and
(10) Other duties as requested or agreed upon.
c. Providing formal and informal assessments of the student’s progress to the student and the student’s parent, guardian, or legal custodian.
d. Annually maintaining a diary, record, or log of visitations and assistance provided.
e. Referring to the child’s district of residence for evaluation a child who the practitioner has reason to believe may be in need of special education.
31.3(3) Limitations. A licensed Iowa practitioner who is employed or agrees to provide instruction or instructional supervision of programs of competent private instruction shall not serve in that capacity on behalf of more than 25 families, or more than 50 children of compulsory attendance age, in an academic year unless the service is provided pursuant to the teacher’s employment with a nonaccredited nonpublic school.
A licensed Iowa practitioner who is employed by a public or accredited nonpublic school to provide instruction or instructional supervision through a home school assistance program, as defined in subrule 31.4(5), shall not serve in that capacity on behalf of more than 20 families, or more than 40 children of compulsory attendance age, in an academic year.
A licensed practitioner or authorities in charge of a public or accredited private school may seek exemption from the above limitation by submitting a written request to the director of education. Exemptions shall be granted when the director is satisfied that the limitation will pose a substantial hardship on the person or the school providing instruction or instructional supervision, and that the best interests of all children being served by the practitioner or school will continue to be met.
281—31.4(299A) School district duties related to competent private instruction.
31.4(1) Reports.
a. The secretary of a public school district shall make available reporting forms developed by the department of education and shall receive reports as to competent private instruction, maintaining one copy in the district and forwarding one copy to the area education agency as required by law.
b. The secretary of the district shall provide forms to any accredited nonpublic school located within the district for the purpose of reporting the nonpublic school’s student enrollment data as required by law. The district secretary shall notify the appropriate school districts of nonresident students enrolled in accredited nonpublic schools within the district.
c. The district shall review the completed form to ascertain whether the person filing has complied with the reporting requirements of the law and these rules. Specifically, the district shall determine from the report that the person providing the instruction is either the child’s parent, guardian, custodian or a person with a valid Iowa practitioner’s license appropriate to the age and grade level of the child; that the designated period of instruction is at least 148 days per academic year; that immunization evidence is provided for children placed under competent private instruction for the first time; and that the report is timely under these rules.
d. The district shall annually report to the department of education by April 1 the names of all resident children who are subject to an annual assessment and what form of assessment has been chosen by the child’s parent, guardian, or legal custodian. The district shall cooperate with the department in gathering standardized test reports or portfolio evaluation reports for each child subject to annual assessment.
e. The district shall report noncompliance with the reporting, immunization, attendance, instructor qualifications, and assessment requirements of the compulsory attendance law and these rules to the county attorney for the county of residence of the child’s parent, guardian, or legal custodian.
f. Upon the request of a parent, guardian, or legal custodian of a child of compulsory attendance age who is under competent private instruction, or upon the referral of a licensed practitioner who provides instruction or instructional supervision of a child of compulsory attendance age who is under competent private instruction, the district shall refer a child who may require special education to the area education agency division of special education for evaluation.
31.4(2) Testing assistance.
a. If a child is under dual enrollment, the district shall administer standardized tests, when the standardized test option has been selected by the child’s parent, guardian, or legal custodian, to the child or may delegate the test administration to the appropriate area education agency. If the child is under dual enrollment, no fee is charged to the parent, guardian, or legal custodian.
b. If a child under competent private instruction, and not under dual enrollment, is to be administered a standardized test for purposes of assessment, the district shall charge and collect from the child’s parent, guardian, or legal custodian a fee for the actual cost of the testing if administered by the public school or area education agency. The fee shall include the cost of the test materials, a prorated fee reflective of the personnel costs of administration based upon the number of students taking the test, and the cost of scoring.
c. If a student has been administered an approved standardized test by a nonpublic school during the academic school year for which testing is required, and the administration of the test has met the terms or protocol of the test publisher, the results may be submitted to the resident district and the department of education in original form by either the test administrator or the parent, guardian, or legal custodian of the child being tested, in satisfaction of the annual assessment option. The submitted test results shall be accompanied by a certification statement signed by the test administrator to the effect that the publisher’s protocol or terms required for test administration have been met.
d. The district shall maintain as any other confidential education record the standardized testing results for each resident child for whom the district or area education agency administers the test.
31.4(3) Finance. A public school district may count a competent private instruction student for purposes of its certified enrollment only under the following circumstances:
a. A resident student or the student’s parent, guardian, or legal custodian has requested dual enrollment, in which case the student is counted as authorized by law. However, if the student is receiving special education services or instruction, the student shall qualify for additional weighting pursuant to the provisions of Iowa Code section 257.6; or
b. The school district provides an Iowa licensed practitioner to instruct or to assist and supervise parents, guardians, or legal custodians providing competent private instruction and the child has been enrolled in the district’s home school assistance program.
31.4(4) Provision of instructional materials.
a. A public school district may not make monetary payments directly or indirectly to the parent, guardian, or legal custodian or to a child receiving competent private instruction.
b. A district may provide to children receiving competent private instruction available texts or supplementary materials on the same basis as they are provided to enrolled students, and shall provide available texts or supplemental instructional materials on the same basis as they are provided to enrolled students when a child is under dual enrollment or in a home school assistance program. If a fee, such as a textbook or towel rental fee, is charged to regularly enrolled students for participation in a class or extracurricular activity, that fee may also be charged to dual–enrolled students on the same basis as it is charged to enrolled students, but only for the specific class or extracurricular activity taken.
c. The parent, guardian or legal custodian who provides competent private instruction to a child of compulsory attendance age may access the services and materials available from the area education agency by requesting assistance through the school district of residence. The AEA shall make services and materials available to the child on the same basis as they are available to regularly enrolled students of the district if the child is dual enrolled or enrolled in a home school assistance program. The district of residence shall act as liaison between the parent, guardian, or legal custodian of a child who is receiving competent private instruction and the area education agency.
31.4(5) Home school assistance programs. A school district or accredited nonpublic school may offer an assistance program for parents, guardians, or legal custodians providing private instruction to a child of compulsory attendance age. A parent, guardian, or legal custodian of a child of compulsory attendance age may enroll the child in a home school or private instruction assistance program in a school district or accredited nonpublic school.
An assistance program offered by a school district or accredited nonpublic school shall, at a minimum, meet state licensure standards for accredited school personnel in designating a practitioner to provide instruction or instructional supervision of a competent private instruction program, including special education instruction, and shall meet the applicable provisions of rule 31.3(299). The district may impose additional requirements upon children enrolled in its home school assistance program.
A home school assistance program is not dual enrollment, but the parent, guardian, or legal custodian of a child enrolled in a home school assistance program may request dual enrollment in addition to enrollment in a home school assistance program.
281—31.5(299A) Dual enrollment.
31.5(1) The parent, guardian, or legal custodian of a child of compulsory attendance age who is receiving competent private instruction may enroll the child in the public school district of residence of the child under dual enrollment. The parent, guardian, or legal custodian desiring dual enrollment shall notify the district of residence of the child not later than September 15 of the school year for which dual enrollment is sought.
31.5(2) A child under dual enrollment may participate in academic or instructional programs of the district on the same basis as any regularly enrolled student.
31.5(3) A child under dual enrollment may participate in any extracurricular activity offered by the district on the same basis as regularly enrolled students. If a child under dual enrollment was under competent private instruction the previous semester, the provisions of 281—subrule 36.15(2), paragraph “c,” shall not apply. However, other rules and policies of the state and district related to eligibility for extracurricular activities shall apply to the child. If a student seeking dual enrollment is enrolled in a nonaccredited nonpublic school that is an “associate member” of the Iowa Girls High School Athletic Union or Iowa High School Athletic Association the student is eligible and may participate in interscholastic athletic competition only for the associate member school or a school with which the associate member school is in a cooperative sharing program as outlined in 281—36.20(280).
31.5(4) The district shall notify the child’s parent, guardian, or legal custodian of the academic and extracurricular activities available to the child.
31.5(5) A child under dual enrollment is eligible to receive the services and assistance of the appropriate area education agency on the same basis as are children otherwise enrolled in the district. The district shall act as liaison between the parent, guardian, or legal custodian of a child who is receiving competent private instruction and the area education agency.
281—31.6(299) Open enrollment.
31.6(1) The parent, guardian, or legal custodian of a child receiving competent private instruction may request open enrollment to another public school district by following the procedures of the open enrollment law, Iowa Code section 282.18.
31.6(2) A district receiving a nonresident open enrollment student who is under competent private instruction may not bill the resident district for the costs of instructing the student unless the receiving district complies with the applicable provisions of rules 31.3(299) and 31.4(299A).
31.6(3) In the event that the parent, guardian, or legal custodian of a nonresident open enrollment student under private instruction fails to comply with state law and these rules related to competent private instruction, the receiving district shall notify the secretary of the school district of residence of the child’s parent regarding the noncompliance.
281—31.7(299A) Baseline testing and annual assessment.
31.7(1) When required. When a parent, guardian, or legal custodian of a child of compulsory attendance age provides private instruction to a child without the assistance or supervision of a validly licensed Iowa practitioner as required by law and these rules, and the parent, guardian, or legal custodian does not hold a valid Iowa practitioner license appropriate to the ages and grade levels of the child under competent private instruction, the child is subject to initial baseline testing and an annual evaluation.
For the 1992–93 school year and thereafter, a child who is at least seven years old by September 15, who begins a program of competent private instruction and is subject to the annual assessment requirement, shall be administered a baseline test for the purposes of obtaining educational data. The baseline test shall be taken by June 30, 1993, for programs of competent private instruction begun in school years 1991–92 and 1992–93, and shall be taken by May 1 in ensuing school years. Any test listed in subrule 31.7(2) may be used to fulfill the baseline test requirement, provided that the copyright date of the test publisher’s published national norms that are used for the test results being reported is within eight years of the school year in which the test is administered.
The parent, guardian, or legal custodian may select either standardized testing or portfolio assessment for purposes of fulfilling the annual evaluation requirement of the law.
31.7(2) Standardized testing. A parent, guardian, or legal custodian of a child, who chooses standardized testing for the purpose of determining whether the child is making adequate educational progress, shall select one of the following instruments for the child to take:
a. California Achievement Test (CAT); CTB McMillan/McGraw Hill.
Reading: K–12.9
Language: K–12.9
Mathematics Composite: K–12.9
Science: 1.6–12.9
Social Studies: 1.6–12.9
b. Comprehensive Test of Basic Skills (CTBS).
Reading: K–12.9
Language: 1.0–12.9
Mathematics Composite: K.1–12.9
Science: 1.0–12.9
Social Studies: 1.0–12.9
c. Iowa Tests of Basic Skills (ITBS); The Riverside Publishing Company.
Reading: K.8–9.9
Language Total: K.1–9.9
Mathematics Total: K.1–9.9
Science: 1.7–9.9
Social Studies: 1.7–9.9
d. Iowa Tests of Educational Development (ITED); The Riverside Publishing Company.
Written Expression: 9.0–12.9
Quantitative Thinking: 9.0–12.9
Social Studies: 9.0–12.9
Natural Science: 9.0–12.9
Literary Materials: 9.0–12.9
Vocabulary: 9.0–12.9
Sources of Information: 9.0–12.9
e. Metropolitan Achievement Tests (MAT); The Psychological Corporation.
Reading: K.0–12.9
Language: K.0–12.9
Mathematics Composite: K.0–12.9
Science: 1.5–12.9
Social Studies: 1.5–12.9
f. Stanford Achievement Test; The Psychological Corporation.
Reading: K.0–12.9
Language: 1.5–12.9
Mathematics Composite: 1.5–9.9
Science: 3.5–12.9
Social Studies: 3.5–12.9
g. Stanford Achievement Test, Abbrev.; The Psychological Corporation.
Reading: 1.5–12.9
Language: 1.5–12.9
Mathematics Composite: 1.5–9.9
Science: 3.5–12.9
Social Studies: 3.5–12.9
Braille or large print editions of the above tests are available for vision–impaired children. Testing norms are available for the vision– and hearing–impaired child.
In the event that the parent, guardian, or legal custodian of a child under competent private instruction and subject to the annual assessment requirement wishes to have the child take a standardized test not listed above, the parent shall request permission of the director of the department of education to use a different test. The decision of the director shall be final.
A child under competent private instruction and subject to an annual evaluation whose educational program and instructional materials are designed for students in grades 1 through 5 shall, at a minimum, be tested in the areas of reading, language, and mathematics. A child whose educational program and instructional materials are designed for students in grades 6 through 12 shall, at a minimum, be tested in the areas of reading or literary materials, language or written expression, mathematics or quantitative thinking, science, and social studies.
A child subject to the annual assessment requirement, who takes a standardized test from the above list, shall take a grade level form of the test that corresponds most closely to the child’s chronological age unless permission is granted by the test administrator to take another grade level form of the test. When a parent, guardian, or legal custodian requests another form of the test, the test administrator shall make a decision based upon the following:
(1) A review of the instructional materials used by the child in the education program;
(2) Results of curriculum–based measurement techniques including the administering of probes; and
(3) A review of current samples of the child’s work product.
The decision of the test administrator as to the appropriate grade level form of the standardized test to be taken shall be final.
If retesting is desired, a different form of the same test or a different test shall be administered to the child sufficiently in advance to allow for processing of the test results prior to the first day of classes of the succeeding school year of the resident school district.
31.7(3) Testing times and sites. Standardized test results are normed against a population taking the same test at approximately the same time of year. Norms for the above listed tests exist for fall, winter, and spring. Because the annual assessment is used, in part, to determine whether the child has made at least six months’ progress from the previous test, annual standardized tests used for determining whether adequate progress has been achieved shall be taken at approximately the same time each year.
The school district of residence of the child shall annually, by October 1, provide the following notification to a parent, guardian, or legal custodian who has selected the standardized testing form of evaluation for a child under competent private instruction:
a. The times and dates when standardized tests will be administered by the public school district and the area education agency over the school year, including fall, winter, and spring testing times. A school district or area education agency shall administer standardized tests at the child’s home when testing in the home is requested;
b. A data sheet showing the costs associated with each test listed in subrule 31.7(2); and
c. A reply form for the parent, guardian, or legal custodian to complete indicating the date, location, and test selected, including the grade level form of the test; an indication of whether the parent, guardian, or legal custodian wishes to be present for testing; and any special requests such as Braille or large print forms of the test.
School districts and area education agencies shall cooperate in the purchasing and processing of test materials to reduce the cost of testing insofar as possible.
Unless the child is under dual enrollment, the parent, guardian, or legal custodian of a child who has selected the standardized testing option of annual assessment shall timely reimburse the school district for the cost of testing the child.
31.7(4) Portfolio assessment or evaluation. In lieu of standardized testing for purposes of annual assessment, a parent, guardian, or legal custodian of a child under competent private instruction and subject to the annual assessment requirement may arrange to have a qualified, licensed, Iowa practitioner review a portfolio of evidence of the child’s progress by May 1, 1993, and annually by May 1 thereafter, subject to the following requirements:
a. Portfolio evaluators. A single evaluator shall be designated by each parent, guardian, or custodian who has selected the portfolio evaluation option for annual assessment. The evaluator so identified shall be approved by the superintendent of the local school district or the superintendent’s designee, and shall hold a valid Iowa practitioner license or teacher certificate appropriate to the ages and grade levels of the children whose portfolios are being assessed.
For children whose grade level of study is any of grades 1 through 5, the portfolio evaluator shall hold a valid Iowa license as an elementary practitioner or an elementary endorsement.
For children whose grade level of study is in any of grades 6 through 9, the portfolio evaluator shall hold a valid Iowa license as either an elementary or a secondary practitioner or hold either an elementary or a secondary endorsement. For children whose grade level of study is in any of grades 10 through 12, the portfolio evaluator shall hold a valid Iowa license as a secondary practitioner or hold a secondary endorsement.
A portfolio evaluator may not evaluate the portfolios of more than 25 students per year without permission of the director of the department of education.
b. Contents of portfolio. The child’s portfolio shall contain evidence of academic progress in the minimum curriculum areas of reading, language arts, and mathematics if the child under private instruction is in grade levels 1 through 5. For children in grade levels 6 through 12, the portfolio shall contain evidence in the minimum curriculum areas of reading, language arts, mathematics, science, and social studies.
For each curriculum area, the portfolio shall include a book of lesson plans, a diary, or other written record indicating the subject matter taught and activities in which the child has been engaged, and an outline of the curriculum used by the child. The portfolio may also include a list of, a reference to, or material from the textbooks and resource materials used by the student in each subject area.
The portfolio shall also include copies of tests or other formal and informal assessment instruments used to measure student progress over the current academic year if given, a copy of the baseline test, and the most recent assessment report of the student’s annual progress.
For each subject area to be evaluated, the portfolio shall include examples of the student’s work, and may include self–assessments by the student.
c. The parents of a child subject to the annual assessment requirement who has a physical or mental disability so significant that the results of a standardized test would be meaningless for assessment purposes may request the department’s approval of an alternative evaluation.
d. For a child subject to annual assessment who is enrolled as a student of a correspondence school which is a member of a national or regional accrediting association which is recognized by the United States Secretary of Education and accredited for elementary and secondary education, the department may accept as an alternative assessment the annual report of progress sent by the correspondence school to the child’s parents, if the annual report of progress includes a listing of subjects taken and grades received. A passing grade in all content areas for which annual assessment is required shall be deemed evidence of adequate progress for the purpose of annual assessment.
281—31.8(299A) Reporting assessment results.
31.8(1) Baseline tests. The baseline test results of each child subject to the baseline test requirement of Iowa Code section 299B.4 and subrule 31.7(1) shall be reported by the test administrator to the school district of residence of the child and to the department of education by June 30 of the year in which the test was taken.
The baseline test shall serve only as data from which subsequent progress shall be measured; the baseline test alone is not an indication of educational progress or a lack of progress.
31.8(2) Standardized tests. The results of a standardized test taken by a child subject to the annual assessment requirements shall be reported by the test administrator to the district of residence of the child and to the department of education by June 30 of the year in which the test was taken. The results shall be submitted in original form as received from the agency responsible for scoring the test.
31.8(3) Portfolio assessments. The assessment results of a child’s educational portfolio made by a qualified Iowa licensed practitioner or practitioners shall be submitted by the portfolio evaluator(s) to the child’s parent, guardian or legal custodian, the district of residence of the child, and the department of education by June 30 of the year in which the assessment was done.
The report shall be in narrative form and shall include assessments of the child’s achievement and progress in the curriculum areas including reading, language arts, and mathematics for children whose grade level of study is fifth grade and below, and those subjects plus the additional areas of science and social studies for students whose grade level of study is sixth grade and above. The report shall include a statement as to whether the child has demonstrated adequate progress in each of the areas of study for which the portfolio evaluator is qualified to provide an assessment. The report shall be signed by each evaluator.
281—31.9(299A) Special education students. When a child has been identified as currently requiring special education, the child is eligible to receive competent private instruction with the written approval of the director of special education of the area education agency of the child’s district of residence.
The director of special education of each area education agency shall issue a written decision, approving, conditioning approval on modification of the proposed program, or denying approval, based upon the appropriateness of the proposed competent private instruction program for the child requiring special education, considering the child’s individual disability.
The request for approval for placement under Competent Private Instruction by the parent or guardian may be presented to the special education director at any time during the calendar year. If the special education director denies approval or if no written decision has been rendered within 30 calendar days, that decision or the absence thereof is subject to review by an impartial administrative law judge under provisions of 20 U.S.C. Section 1401 et seq., federal regulations adopted thereunder, and Iowa Code section 256B.6 and rules adopted thereunder found at 281—41.112(17A,256B,290) et seq.
If a parent, guardian, or legal custodian of a child requiring special education provides private instruction without the approval of the director of special education, the director may either request an impartial hearing before an administrative law judge under the rules of special education, 281—41.112(17A,256B,290), or notify the secretary of the child’s district of residence for referral of the matter to the county attorney pursuant to Iowa Code section 256B.6, incorporating chapter 299.
A program of competent private instruction provided to a student requiring special education is not a program of special education for purposes of federal and state law.
The director of special education shall advise the parent, guardian, or legal custodian of a child requiring special education of the probable consequences of placing the child under private instruction and withdrawing the child from specialized instruction and services to which the child is entitled. The director of special education may require the parent, guardian, or legal custodian of a child requiring special education to accept full responsibility for the parent’s, guardian’s or legal custodian’s decision to reject special education programs and services, forgoing a later request for compensatory education for the period of time when the child was under private instruction.
These rules are intended to implement Iowa Code chapters 299 and 299A.
[Filed emergency 7/12/85—published 7/31/85, effective 7/15/85]
[Filed 12/13/85, Notice 7/31/85—published 1/1/86, effective 2/6/86]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 4/10/92, Notice 2/5/92—published 4/29/92, effective 6/3/92]
[Filed 1/18/94, Notice 10/27/93—published 2/2/94, effective 3/18/94]
[Filed 1/12/96, Notice 9/13/95—published 1/31/96, effective 3/6/96]
chapter 32
HIGH SCHOOL EQUIVALENCY DIPLOMA
[Prior to 9/7/88, see Public Instruction Department[670] Ch 8]
281—32.1(259A) Test. Applicants for high school equivalency diplomas shall satisfactorily complete the General Educational Development Tests published by the General Educational Development Testing Service of the American Council on Education, One Dupont Circle, Washington, D.C. 20036.
This rule is intended to implement Iowa Code section 259A.1.
281—32.2(259A) By whom administered. The General Educational Development Tests shall be administered in official testing centers authorized by the General Educational Development Testing Service, other agencies for whom scores are reported by the General Educational Development Testing Service, Defense Activities for Non–Traditional Education Support (DANTES), and other institutions and agencies upon special authorization of the Commission on Educational Credit and Credentials.
This rule is intended to implement Iowa Code section 259A.2.
281—32.3(259A) Minimum score. Applicants shall make a minimum standard score of 35 on each test and an average standard score of 45 on all five of the General Educational Development Tests.
281—32.4(259A) Date of test. Test results dated prior to the date of application will be acceptable provided the tests were taken at an authorized center as specified in rule 32.2(259A).
281—32.5(259A) Retest. Any applicant not achieving the minimum standard test scores as defined in 32.3(259A), upon payment of a $5 fee, shall be permitted to make application for retest, provided that one of the following conditions is met:
32.5(1) A period of six months from the date of original testing has elapsed.
32.5(2) Applicant shall complete instruction in an adult education program, in the area or areas to be retested. This instruction shall be certified by an official of the adult education program to the chief or alternate examiner administering the retest(s).
This rule is intended to implement Iowa Code sections 259A.2 and 259A.5.
281—32.6(259A) Application fee. The applicant or supporting agency shall pay an application fee of $20. This fee shall be paid to the official Iowa General Educational Development Testing Agency and shall allow for initial testing of the eligible candidate with the five General Educational Development Tests.
This rule is intended to implement Iowa Code sections 259A.2 and 259A.5.
[Filed 10/6/65, amended 9/18/69, 7/12/72]
[Filed 11/20/81, Notice 8/19/81—published 12/9/81, effective 1/13/82]
[Filed 12/13/85, Notice 11/6/85—published 1/1/86, effective 2/5/86]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
chapter 33
EDUCATING THE HOMELESS
281—33.1(256) Purpose. The purpose of these rules is to facilitate the enrollment of homeless children of school age and, where appropriate, of preschool age in the public school districts of Iowa to enable the children to have access to a free, appropriate public education, and to be free of being stigmatized on the basis of their status as homeless.
“District of origin” is defined as the public school district in Iowa in which the child was last enrolled or which the child last attended when permanently housed.
“Guardian” is defined as a person of majority age with whom a homeless child or youth of school age is living or a person of majority age who has accepted responsibility for the homeless child or youth, whether or not the person has legal guardianship over the child or youth.
“Homeless child or youth” is defined as a child or youth from the age of 3 years through 21 years who lacks a fixed, regular, and adequate nighttime residence and includes the following:
1. A child or youth who is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; is living in a motel, hotel, trailer park, or camping grounds due to the lack of alternative adequate accommodations; is living in an emergency or transitional shelter; is abandoned in a hospital; or is awaiting foster care placement;
2. A child or youth who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
3. A child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting; or
4. A migratory child or youth who qualifies as homeless because the child or youth is living in circumstances described in paragraphs “1” through “3” above.
“Preschool child” is defined as a child who is three, four, or five years of age before September 15.
“Unaccompanied youth” is defined as a youth not in the physical custody of a parent or guardian.
281—33.3(256) Responsibilities of the board of directors. The board of directors of a public school district shall do all of the following:
33.3(1) The board shall locate and identify homeless children or youth within the district, whether or not they are enrolled in school.
33.3(2) The board shall post, at community shelters and other locations in the district where services or assistance is provided to the homeless, information regarding the educational rights of homeless children and youth and encouraging homeless children and youth to enroll in the public school.
33.3(3) The board shall examine and revise, if necessary, existing school policies or rules that create barriers to the enrollment of homeless children or youth, consistent with these rules. School districts are encouraged to cooperate with agencies and organizations for the homeless to explore comprehensive, equivalent alternative educational programs and support services for homeless children and youth when necessary to implement the intent of these rules.
33.3(4) The board shall enact a policy prohibiting the segregation of a homeless child or youth from other students enrolled in the public school district.
33.3(5) The board shall immediately enroll a homeless child or youth, pending resolution of any dispute regarding in which school the child or youth should be enrolled.
33.3(6) The board shall determine school placement based on the best interests of a homeless child or youth. The board shall, to the extent feasible, keep a homeless child or youth in the school of origin, except when doing so is contrary to the wishes of the child’s or youth’s parent or guardian. If the child or youth becomes permanently housed during an academic year, enrollment shall continue in the school of origin for the remainder of that academic year unless the parents agree otherwise.
33.3(7) The board shall designate an appropriate staff person as the district’s local educational agency liaison for homeless children and youth to carry out the following duties:
a. Ensure that a homeless child or youth is identified by school personnel and through coordination activities with other entities and agencies;
b. Ensure that a homeless child or youth is enrolled in, and has a full and equal opportunity to succeed in, schools of the district;
c. Ensure that homeless families, children, and youth receive educational services for which such families, children, and youth are eligible, including Head Start and Even Start programs, tuition–free preschool programs administered by the district, and referrals to health care services, dental services, mental health services, and other appropriate services;
d. Ensure that the parents or guardians of homeless children and youth are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;
e. Ensure that public notice of the educational rights of homeless children and youth is disseminated where such children and youth receive services under the federal McKinney–Vento Homeless Assistance Act, such as schools, family shelters, and soup kitchens;
f. Ensure that enrollment disputes are mediated in accordance with 42 U.S.C. Section 11432(g)(3)(E), which requires the following:
(1) The child or youth shall be immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute;
(2) The parent or guardian of the child or youth shall be provided with a written explanation of the school’s decision regarding school selection or enrollment, including the rights of the parent, guardian, or youth to appeal the decision;
(3) The child, youth, parent, or guardian shall be referred to the local educational agency liaison designated under this subrule, who shall carry out the dispute resolution process set forth in rule 33.9(256);
(4) In the case of an unaccompanied youth, the local educational agency liaison shall ensure that the youth is immediately enrolled in the school in which enrollment is sought pending resolution of the dispute;
g. Ensure that the parent or guardian of a homeless child or youth, or the unaccompanied youth, is fully informed of all transportation services and is assisted in accessing transportation to the school of enrollment;
h. Coordinate and collaborate with state coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youth.
281—33.4(256) School records; student transfers. The school records of each homeless child or youth shall be maintained so that the records are available in a timely fashion when a child or youth enters a new school district, and in a manner consistent with federal statutes and regulations related to student records.
Upon notification that a homeless student intends to transfer out of the district, a school district shall immediately provide copies of the student’s permanent and cumulative records, or other evidence of placement or special needs, to the homeless child or youth or the parent or guardian of a homeless child or youth who may take the copies with them.
Upon the enrollment of a homeless child or youth, a school district shall accept copies of records, or other evidence of placement provided by the homeless child, youth, or the parent or guardian of the homeless child or youth, for purposes of immediate placement and delivery of education and support services. Thereafter, the receiving school shall request copies of the official records from the sending school. The receiving school shall not dismiss or deny further education to the homeless child or youth solely on the basis that the prior school records are unavailable.
281—33.5(256) Immunization requirements. Consistent with the provisions of Iowa Code section 139A.8 and rules of the department of public health, a public school shall not refuse to enroll or exclude a homeless child or youth for lack of immunization records if any of the following situations exist.
The parent or guardian of a homeless child or youth or a homeless child or youth:
1. Offers a statement signed by a doctor licensed by the state board of medical examiners specifying that in the doctor’s opinion the immunizations required would be injurious to the health and well–being of the child or youth or to any member of the child or youth’s family or household.
2. Provides an affidavit stating that the immunization conflicts with the tenets and practices of a recognized religious denomination of which the homeless child or youth is a member or adherent, unless the state board of health has determined and the director of health has declared an emergency or epidemic exists.
3. Offers a statement that the child or youth has begun the required immunizations and is continuing to receive the necessary immunizations as rapidly as is medically feasible, or
4. States that the child or youth is a transfer student from any other school, and that school confirms the presence of the immunization record.
The school district shall make every effort to locate or verify the official immunization records of a homeless child or youth based upon information supplied by the child, youth, parent, or guardian. In circumstances where it is admitted that the homeless child or youth has not received some or all of the immunizations required by state law for enrollment and none of the exemptions listed above is applicable, the district shall refer the child, youth, and parent or guardian to the local board of health for the purpose of immunization, and the school shall provisionally enroll the child or youth in accordance with item “3” or “4” above.
281—33.6(256) Waiver of fees and charges encouraged. If a child or youth is determined to be homeless as defined by these rules, a school district is encouraged, subject to state law, to waive any fees or charges that would present a barrier to the enrollment or transfer of the child or youth, such as fees or charges for textbooks, supplies, or activities.
A homeless child or youth, or the parent or guardian of a homeless child or youth, who believes a school district has denied the child or youth entry to or continuance of an education in the district on the basis that mandatory fees cannot be paid may appeal to the department of education using the dispute resolution mechanism in rule 33.9(256).
281—33.7(256) Waiver of enrollment requirements encouraged; placement.
33.7(1) If a homeless child or youth seeks to enroll or to remain enrolled in a public school district, the district is encouraged to waive any requirements, such as mandatory enrollment in a minimum number of courses, which would constitute barriers to the education of the homeless child or youth.
33.7(2) In the event that a school district is unable to determine the appropriate grade or placement for a homeless child or youth because of inadequate, nonexistent, or missing student records, the district shall administer tests or utilize otherwise reasonable means to determine the appropriate grade level for the child or youth.
281—33.8(256) Residency of homeless child or youth.
33.8(1) A child or youth, a preschool child if the school offers tuition–free preschool, or a preschool child with a disability who meets the definition of homeless in these rules is entitled to receive a free, appropriate public education and necessary support services in either of the following:
a. The district in which the homeless child or youth is actually residing, or
b. The district of origin.
The deciding factor as to which district has the duty to enroll the homeless child or youth shall be the best interests of the child or youth. In determining the best interests of the child or youth, the district(s) shall, to the extent feasible, keep a homeless child or youth in the district of origin, except when doing so is contrary to the wishes of the parent or guardian of the child or youth. In the case of an unaccompanied youth, the local educational agency liaison shall assist in the placement or enrollment decision, taking into consideration the views of the unaccompanied youth. If the child or youth is placed or enrolled in a school other than within the district of origin or other than a school requested by the parent or guardian or unaccompanied youth, the district shall provide a written explanation, including notice of the right to appeal under rule 33.9(256), to the parent or guardian or unaccompanied youth.
33.8(2) The choice regarding placement shall be made regardless of whether the child or youth is living with a homeless parent or has been temporarily placed elsewhere by the parent(s); or, if the child or youth is a runaway or otherwise without benefit of parent or legal guardian, where the child or youth has elected to reside.
33.8(3) Insofar as possible, a school district shall not require a homeless student to change attendance centers within a school district when a homeless student changes places of residence within the district, unless the change of residence takes the student out of the category of homeless.
33.8(4) If a homeless child or youth is otherwise eligible and has made proper application to utilize the provisions of Iowa Code section 282.18, “Open Enrollment,” the child or youth shall not be denied the opportunity for open enrollment on the basis of homelessness.
281—33.9(256) Dispute resolution. If a homeless child or youth is denied access to a free, appropriate public education in either the district of origin or the district in which the child or youth is actually living, or if the child or youth’s parent or guardian believes that the child or youth’s best interests have not been served by the decision of a school district, an appeal may be made to the department of education as follows:
33.9(1) If the child is identified as a special education student under Iowa Code chapter 256B, the manner of appeal shall be by letter from the homeless child or youth, or the homeless child or youth’s parent or guardian, to the department of education as established in Iowa Code section 256B.6 and Iowa Administrative Code 281—41.32(17A,256B,290). The letter shall not be rejected for lack of notarization, however. Representatives of the public school district where the child or youth desires to attend and of the corresponding area education agency, as well as the child, youth, or parent or guardian of the child or youth, shall present themselves at the time and place designated by the department of education for hearing on the issue. The hearing shall be held in accordance with the rules established in 281—41.32(17A,256B,290).
33.9(2) If the child is not eligible for special education services, the manner of appeal shall be by letter from the homeless child or youth or the homeless child or youth’s parent or guardian to the director of the department of education. The appeal shall not be refused for lack of notarization, however. Representatives of the public school districts denying access to the homeless child or youth and the child, youth, or parent or guardian of the child or youth shall present themselves at the time and place designated by the department of education for hearing on the issue. The provisions of 281—Chapter 6 shall be applicable insofar as possible; however, the hearing shall take place in the district where the homeless child or youth is located, or at a location convenient to the appealing party.
33.9(3) At any time a school district denies access to a homeless child or youth, the district shall notify in writing the child or youth, and the child or youth’s parent or guardian, if any, of the right to appeal and manner of appeal to the department of education for resolution of the dispute, and shall document the notice given. The notice shall contain the name, address, and telephone number of the legal services office in the area.
33.9(4) This chapter shall be considered by the presiding officer or administrative law judge assigned to hear the case.
33.9(5) Nothing in these rules shall operate to prohibit mediation and settlement of the dispute short of hearing.
33.9(6) While dispute resolution is pending, the child or youth shall be enrolled immediately in the school of choice of the child’s parent or guardian or the school of choice of the unaccompanied youth. The school of choice must be an attendance center either within the district of residence or the district of origin of the child or youth.
281—33.10(256) Transportation of homeless children and youth.
33.10(1) Intent. A child or youth, a preschool child if the school offers tuition–free preschool, or a preschool child with a disability who meets the definition of homeless in these rules shall not be denied access to a free, appropriate public education solely on the basis of transportation. The necessity for and feasibility of transportation shall be considered, however, in deciding which of two districts would be in the best interests of the homeless child or youth. The dispute resolution procedures in rule 33.9(256) are applicable to disputes arising over transportation issues.
33.10(2) Entitlement. Following the determination of the homeless child or youth’s appropriate school district under rule 33.8(256) or 33.9(256), transportation shall be provided to the child or youth in the following manner:
a. If the appropriate district is determined to be the district in which the child or youth is actually living, transportation for the homeless child or youth shall be provided on the same basis as for any resident child of the district, as established by Iowa Code section 285.1 or local board policy.
b. If the appropriate district is determined to be a district other than the district in which the child or youth is actually living, the district in which the child or youth is actually living (sending district) and the district of origin shall agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the receiving district. If these districts are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally.
c. Rescinded IAB 7/7/04, effective 8/11/04.
281—33.11(256) School services.
33.11(1) The school district designated for the homeless child’s or youth’s enrollment shall make available to the child or youth all services and assistance, including but not limited to the following services, on the same basis as those services and assistance are provided to resident pupils:
a. Compensatory education;
b. Special education;
c. English as a Second Language;
d. Vocational and technical education courses or programs;
e. Programs for gifted and talented pupils;
f. Health services;
g. Preschool (including Head Start and Even Start);
h. Before and after school child care;
i. Food and nutrition programs.
33.11(2) A district must include homeless students in its academic assessment and accountability system under the federal No Child Left Behind Act, P.L. 107–110. Assessments should be included in the economically disadvantaged category for reporting purposes. Schools are not required to disaggregate information regarding homeless students as a separate category, but may be asked to do so in accordance with the duties of the United States Secretary of Education and the Office of the State Coordinator.
These rules are intended to implement the provisions of the Stewart B. McKinney Homeless Assistance Act, as reauthorized in January 2002 as the McKinney–Vento Homeless Assistance Act (42 U.S.C. § 11431, et seq.).
[Filed 9/15/89, Notice 7/26/89—published 10/4/89, effective 11/8/89]
[Filed 6/17/04, Notice 5/12/04—published 7/7/04, effective 8/11/04]
chapter 34
funding for children residing in state institutions
or mental health institutes
281—34.1(218) Scope. These rules apply to the funding and provision of appropriate educational services to children residing in the following institutions under the jurisdiction of the director of human services: the Mental Health Institute, Cherokee, Iowa; the Mental Health Institute, Independence, Iowa; the State Training School, Eldora, Iowa; and the Iowa Juvenile Home, Toledo, Iowa.
281—34.2(218) Definitions. For the purposes of these rules, the following definitions shall apply:
“AEA” means an area education agency.
“Aggregate days” means the sum of the number of days of attendance, excluding days absent, for all school–age pupils who are enrolled during the school year. A student is considered enrolled after being placed in the institution and taking part in the educational program. Enrollment begins on the date that the student begins taking part in the educational program and ends on the date that the student leaves the institution or receives a high school diploma or its equivalent, whichever occurs first.
“Average daily attendance” or “ADA” means the average obtained by dividing the total of the aggregate days of attendance by the total number of student contact days. ADA for purposes of this chapter shall be calculated on the regular school year exclusive of summer session.
“Department” means the state department of education.
“Individualized education program” or “IEP” means the written record of an eligible individual’s special education and related services developed in accordance with 281—Chapter 41. The IEP document records the decisions reached at the IEP meeting and sets forth in writing a commitment of resources necessary to enable an eligible individual to receive needed special education and related services appropriate to the individual’s special learning needs. There is one IEP which specifies all the special education and related services for an eligible individual.
“Institution” means the Mental Health Institute, Cherokee, Iowa; the Mental Health Institute, Independence, Iowa; the State Training School, Eldora, Iowa; and the Iowa Juvenile Home, Toledo, Iowa.
“Proposed educational program” means a written description of the general education program, special education services, transition activities, and summer school programs that are proposed to be implemented in order to provide appropriate educational services for each child residing in an institution.
“Proposed educational program budget” means a document that outlines the costs for providing the proposed educational program as defined in these rules.
“Regular school year” means the number of days that school is in session, not to exceed 180 days. The regular school year for each institution shall begin on the first day of school established by the school district in which each institution is located.
“School–age pupil” means a student who is a resident of the state of Iowa and who is at least 5 years of age but less than 21 years of age on September 15 of the school year, or a younger age if served pursuant to an IEP.
“School district of the child’s residence” means the school district in which the parent or guardian of the child resides or as defined under operation of law.
“Student contact days” means the days during which the educational program is provided and students are under the guidance and instruction of the professional instructional staff.
“Transition” means communication between the institution and the child’s district of residence to develop a plan for assisting the child to adjust to school in the district of residence upon the child’s return. Planning for support and follow–up includes contacts with the child’s district of residence, community agencies, and the AEA when needed.
281—34.3(218) General principles.
34.3(1) Availability. All children who reside in state institutions and mental health institutes shall be provided appropriate educational services in accordance with these rules. Special education services to eligible individuals in institutions shall be provided in accordance with 281—Chapter 41.
34.3(2) Responsibility of institutions. It is the responsibility of institutions to provide or make provision for appropriate educational services to children residing in these institutions and to ensure appropriate transition of children back to the school district of residence. The institution may make provision by contracting with the AEA or the school district in which the institution is located.
34.3(3) Basis for funding. Funding for general education programs at the institutions is determined using a formula similar to the formula used for the determination of funding for local school districts while considering the unique setting of the institutions. The amount of special education funding is determined by comparing the structure of the general education program at each institution to the nature and extent of services required for students with special education needs beyond what is provided to all students by the general education program.
34.3(4) Responsibility of the AEA. It is the responsibility of the AEA in which the institution is located to provide media services, educational services, and special education support services. The nature and extent of these services shall be comparable to those provided to school districts in the AEA.
34.4(1) Students served at mental health institutes. The Mental Health Institute, Cherokee, Iowa, and the Mental Health Institute, Independence, Iowa, shall notify the district of residence of each child who on the date specified in Iowa Code section 257.6, subsection 1, is residing in these institutions. The notification shall occur on or before October 10 and shall be in writing or in a printable electronic medium. The notification shall include the child’s name, birth date, and grade level and the names and addresses of the child’s parents or guardians.
34.4(2) Students served at the State Training School at Eldora and the Iowa Juvenile Home atToledo. The State Training School at Eldora and the Iowa Juvenile Home at Toledo shall notify the AEA in which the institution is located and the district of residence of each child who on the date specified in Iowa Code section 257.6, subsection 1, is residing in these institutions if the child’s release date is known and the release date is within the current school year. The notification shall occur on or before October 10. For students served pursuant to an IEP, the State Training School at Eldora and the Iowa Juvenile Home at Toledo shall by the last Friday in October also notify the AEA in which the institution is located and the district of residence of each child residing in these institutions if the child’s release date is known and the release date is within the current school year. Notifications shall be in writing or in a printable electronic medium and shall include the child’s name, birth date, and grade level and the names and addresses of the child’s parents or guardians.
281—34.5(218) Program submission and approval. Educational programs shall be submitted, reviewed, modified, and approved using the following procedures:
34.5(1) Submission. Each institution shall submit a proposed educational program to the department of education and the department of human services by January 1 for the following school year. The proposed program shall be submitted on forms provided or in the manner prescribed by the department and shall include a description of the following:
a. The general education program including content standards, benchmarks, student learning goals and all other requirements of 281—Chapter 12.
b. Special education services including instructional, support and other services that ensure the provision of a free appropriate public education in the least restrictive environment for students with disabilities in accordance with 281—Chapter 41.
c. Procedures that will be implemented to ensure the effective transition of each child back to the school district of the child’s residence.
34.5(2) Approval. The department shall review and approve or modify the proposed educational program by February 1 and communicate this action to each institution. The department shall also notify the department of revenue of its action by February 1.
281—34.6(218) Budget submission and approval. Educational program budgets shall be submitted, reviewed, modified, and approved using the following procedures:
34.6(1) Submission. Each institution shall submit a proposed educational program budget by January 1 for the following school year. The proposed budget shall be based on the average daily attendance of the children residing in the institution and shall be submitted to the department of education and the department of human services on forms provided by the department. The average daily attendance used for the proposed budget shall be the average daily attendance for the school year that ended the previous June 30.
34.6(2) Students not served pursuant to an IEP. The budget shall be calculated as the sum of the following:
a. Average daily attendance multiplied by the state cost per pupil for the budget year established pursuant to Iowa Code section 257.9.
b. Average daily attendance multiplied by the per pupil media services funding for the AEA in which the institution is located as established by Iowa Code section 257.37.
c. Average daily attendance multiplied by the per pupil educational services funding for the AEA in which the institution is located as established by Iowa Code section 257.37.
34.6(3) Students served pursuant to an IEP. The budget shall be calculated as the sum of the following:
a. Costs established pursuant to subrule 34.6(2) for students not served pursuant to an IEP.
b. Additional weighting established by the special education weighting plan pursuant to Iowa Code section 257.31, subsection 12, as appropriate to support the nature and extent of special education services provided pursuant to subrule 34.3(3).
c. Special education student count multiplied by the special education support cost per pupil funding established for the AEA in which the institution is located pursuant to Iowa Code section 257.9.
d. The State Training School at Eldora and the Iowa Juvenile Home at Toledo may include in their budgets an amount that represents the difference between the amount established pursuant to Iowa Code (2003) section 282.28 and approved by the department for the 2003–2004 fiscal year included in the fiscal year beginning July 1, 2003, and the amount each institution has budgeted under paragraph 34.6(3)“c.” The budget amount shall increase annually by the allowable growth rate established for that year.
e. In addition to the amount each institution has budgeted as specified in paragraph 34.6(3)“c,” the mental health institutes at Cherokee and Independence may include annually in their budgets an amount not to exceed $200,000 based on the budget calculation specified in paragraph 34.6(2)“a.” This budgeted amount may be adjusted to an amount that exceeds $200,000 in circumstances when there is a significant increase in the number of students in attendance. This additional amount shall increase annually by the allowable growth rate established for that year.
34.6(4) Approval. The department shall review and approve or modify the proposed educational program budget by February 1 and communicate this action to each institution. The department shall also notify the department of revenue of its action by February 1.
281—34.7(218) Payments. The department of revenue shall pay the approved budget amount to the department of human services in monthly installments beginning September 15 and ending June 15 of the next succeeding school year. The installments shall be as nearly equal as possible as determined by the department of revenue, taking into consideration the relative budget and cash position of the state’s resources. The department of revenue shall pay the approved budget amount for the department of human services from the moneys appropriated under Iowa Code section 257.16, and the department of human services shall distribute the payment to each institution.
281—34.8(218) Payments to the AEA. Within ten days of receiving its payment, the institution shall pay to the AEA in which the institution is located one–tenth of the total funding included in its approved budget for AEA media services, educational services, and special education support services.
281—34.9(218) Contracting for services. The institution may contract with the AEA or the local school district in which the institution is located to provide services to the students residing in the institution.
281—34.10(218) Accounting for average daily attendance. Each institution shall keep a daily register that shall include the name, birth date, district of residence, attendance, and enrollment status of each student. At the end of the school year, each institution shall calculate the average daily attendance for students served pursuant to an IEP and the average daily attendance for students not served pursuant to an IEP. This information shall be reported with the accounting for the actual program costs submitted to the department by August 1.
281—34.11(218) Accounting for actual program costs. Each institution shall submit an accounting for the actual cost of the program to the department by August 1 of the following school year on forms provided by the department.
34.11(1) Instructional costs. Actual costs include salaries and benefits of instructional staff, instructional supplies and materials, professional development for instructional staff, student transportation, contracted services related to instruction or instructional staff, and instructional equipment.
34.11(2) Administrative costs. Costs for administering the educational program may be included in actual costs based on the average daily attendance of students in the institution. Costs shall be limited to the salary and benefits of the full–time equivalent education administrators and clerical support for the instructional program. However, the full–time equivalent at any institution shall not exceed 1.0 for education administration and 1.0 for clerical support.
34.11(3) Unallowed costs. Costs shall not include expenditures for debt services or for facilities acquisition and construction services including remodeling and facility repair. Costs of residential, custodial, treatment, and similar services provided by the institution shall not be included in the actual costs. Costs provided for by a grant or other categorical aid shall not be included in the actual cost calculations pursuant to this chapter.
34.11(4) Summer school costs. Costs for providing summer school shall be reported separately from regular session costs. Except as approved by the department of education, summer session costs are considered to be included in the state cost per pupil, or as provided in an appropriation through the department of human services.
34.11(5) Instruction to nonresident students. Costs for providing instruction to students who are not residents of the state of Iowa shall be excluded from the actual cost calculations.
34.11(6) Maximum costs for students who are not served pursuant to an IEP. Actual costs for serving students who are not served pursuant to an IEP shall not exceed the greater of the actual average daily attendance for the school year multiplied by the state cost per pupil or the average daily attendance from the approved budget multiplied by the state cost per pupil.
34.11(7) Maximum costs for students served pursuant to an IEP. Actual costs for students served pursuant to an IEP shall not exceed the amount calculated in subrule 34.6(3).
34.11(8) Approval of expenditures. The department shall review and approve or modify all expenditures incurred in compliance with the guidelines adopted pursuant to Iowa Code section 256.7, subsection 10, and shall notify the department of revenue of the approved accounting amount. The approved accounting amount shall be compared with any amounts paid by the department of revenue to the department of human services and any differences added to or subtracted from the October payment made under these rules for the next school year.
34.11(9) Costs of courses. Costs include the actual expenses, if reasonable and customary, for tuition, textbooks, course materials, and fees directly related to courses taken pursuant to rule 281—34.15(218,233A,261C) by students who are residents of the state of Iowa.
281—34.12(218) Audit. Each institution shall make the records related to providing educational services to students residing within the institution available to independent auditors, state auditors and department of education staff upon request.
281—34.13(218) Hold–harmless provision. Notwithstanding rule 281—34.6(218), any institution that would receive less funding in its proposed budget pursuant to these rules for the instructional program for the 2003–2004 school year than it had received in funding for the instructional program for the 2002–2003 school year shall be held harmless. The institution shall receive an amount equal to the amount it was funded in 2002–2003. This provision shall continue until the first year in which the proposed budget pursuant to these rules would equal or exceed the amount it had received for the instructional program for the 2002–2003 school year. The hold–harmless provision shall cease beginning with the first year in which the proposed budget pursuant to these rules equals or exceeds the 2002–2003 funding amount.
281—34.14(218,256B,34CFR300) AEA services. Each institution shall purchase from the AEA in which the institution is located support, related and other services necessary to provide appropriate educational programs to students requiring special education, and payment for the purchased services shall be made in accordance with rule 281—34.8(218). The nature and extent of such services shall be comparable to those provided to school districts in the AEA.
281—34.15(218,233A,261C) Postsecondary credit courses. Eleventh and twelfth grade students who attend an institution and are residents of the state of Iowa are eligible to be enrolled in college courses offered by an eligible postsecondary institution as defined in Iowa Code section 261C.3(1) and to receive both secondary and postsecondary credit therefor.
34.15(1) Noneligible courses. Postsecondary courses utilized in the attainment of an adult diploma or general equivalency diploma are not eligible for funding hereunder.
34.15(2) Eligible courses. Postsecondary courses eligible for funding hereunder must meet all of the following requirements. The course must be:
a. Supplementing, not supplanting, courses offered at the institution.
b. Included in the college catalog or an amendment or addendum to the catalog.
c. Open to all registered college students, not just secondary students.
d. Taught by a college–employed instructor.
e. Taught utilizing the college course syllabus.
f. Of the same quality as a course offered on a college campus.
g. Nonsectarian.
34.15(3) Maximum number of college courses allowed. A student is allowed to take a maximum of three college courses during a semester, for a maximum of six college courses per regular school year, while the student is in attendance at the institution. College courses taken outside the regular school year shall not be funded under this chapter. If the student exceeds the course limit, the costs of the additional courses shall not be funded hereunder.
These rules are intended to implement 2003 Iowa Acts, chapter 178, section 58.
[Filed 11/19/03, Notice 10/1/03—published 12/10/03, effective 1/14/04]
[Filed 4/19/07, Notice 3/14/07—published 5/9/07, effective 6/27/07]
CHAPTER 35
Reserved
TITLE VI
INTERSCHOLASTIC COMPETITION
chapter 36
EXTRACURRICULAR INTERSCHOLASTIC COMPETITION
[Prior to 9/7/88, see Public Instruction Department[670] Ch 9]
281—36.1(280) Definitions Whenever the following terms are used, they shall refer to the following definitions:
“All–star” means an outstanding player on a high school team who is selected, along with outstanding players from several other high school teams, to form an all–star high school team to compete against another team in a contest created for an express all–star purpose for which admission is charged.
“Associate member school” means a nonaccredited nonpublic school that has been granted associate member status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13, upon approval by the department based upon proof of compliance with:
1. Iowa Code section 279.19B, and rules adopted by the department of education related to the qualifications of the affected teaching staff, and
2. The student eligibility rules of this chapter.
Associate membership is subject to the requirements, dues, or other obligations established by the organization for which associate membership is sought.
“Coach” means an individual, with coaching endorsement or authorization as required by Iowa law, employed by a school district under the provisions of an extracurricular athletic contract or employed by a nonpublic school in a position responsible for an extracurricular athletic activity. “Coach” also includes an individual who instructs, diagnoses, prescribes, evaluates, assists, or directs student learning of an interscholastic athletic endeavor on a voluntary basis on behalf of a school or school district.
“Compete” means participating in an interscholastic contest or competition and includes dressing in full team uniform for the interscholastic contest or competition as well as participating in pre–game warm–up exercises with team members. “Compete” does not include any managerial, record–keeping, or other non–competitor functions performed by a student on behalf of a member or associate member school.
“Department” means the state department of education.
“Dropout” means a student who quit school because of extenuating circumstances over which the student had no control or who voluntarily withdrew from school. This does not include a student who has been expelled or one who was doing failing work when the student voluntarily dropped from school.
“Executive board” means the governing body authorized under a constitution or bylaws to establish policy for an organization registered under this chapter.
“Executive officer” means the executive director or secretary of each governing organization.
“Member school,” for purposes of this chapter, means a public school or accredited nonpublic school that has been granted such status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13.
“Organization” means any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13.
“Parent” means the natural or adoptive parent having actual bona fide custody of a student.
“Student” means a person under 20 years of age enrolled in grades 9 through 12. For purposes of these rules, ninth grade begins with the summer immediately following eighth grade. The rules contained herein shall apply uniformly to all students.
“Superintendent” means a superintendent of a local school or a duly authorized representative.
281—36.2(280) Registered organizations. Organizations registered with the department include the following:
36.2(1) Iowa High School Athletic Association (hereinafter association).
36.2(2) Iowa Girls’ High School Athletic Union (hereinafter union).
36.2(3) Iowa High School Music Association (hereinafter music association).
36.2(4) Iowa High School Speech Association (hereinafter speech association).
36.2(5) Unified Iowa High School Activities Federation (hereinafter federation).
281—36.3(280) Filings by organizations. Each organization shall maintain a current file with the state department of education of the following items:
36.3(1) Constitution and bylaws which must have the approval of the state board of education.
36.3(2) Current membership and associate membership lists.
36.3(3) Organization policies.
36.3(4) Minutes of all meetings of organization boards.
36.3(5) Proposed constitution and bylaw amendments or revisions.
36.3(6) Audit reports.
36.3(7) General bulletins.
36.3(8) Other information pertinent to clarifying organization administration.
281—36.4(280) Executive board. Each organization shall have some representation from school administrators, teachers, and elective school officers on its executive board; provided, however, that the membership shall include the following:
36.4(1) School board member. One member who shall be a member of a school board in Iowa, appointed by the Iowa association of school boards to represent the lay public.
36.4(2) Activity member. One member, who is either a coach, sponsor or director, of an activity sponsored by the organization to which the member is elected and who works directly with the students or the program: This member is to be elected by ballot of the member schools, the vote to be cast by the school’s designated representative of the organization involved.
36.4(3) Organization elections. The election procedure for each organization shall be conducted as provided by the organization’s constitution. All criteria for protecting the voter’s anonymity and ensuring adequate notice of elections shall be maintained in the election procedures. In addition, there shall be one representative designated by the department director present at the counting of all ballots. That representative shall also validate election results.
281—36.5(280) Federation membership. The federation, in addition to conforming to other requirements in this section, shall have in its membership the executive board of the association, union, music association, speech association, and the school administrators of Iowa.
281—36.6(280) Salaries. No remuneration, salary, or remittance shall be made to any member of an executive board, representative council or advisory committee, of an organization for the member’s service.
281—36.7(280) Expenses. Travel and actual expenses of executive board members, representative council members, advisory committee members, and officers shall be paid from organizational funds only when on official business for the organization. Actual expenses shall be paid for travel for transportation outside the state, along with necessary and reasonable expenses which shall be itemized. Itemized accounting of the travel and business expenses of employees shall be furnished to the department in an annual report on a form prescribed by the department.
281—36.8(280) Financial report. Full and detailed reports of all receipts and expenditures shall be filed annually with the department of education.
281—36.9(280) Bond. The executive board of each activity organization shall purchase a blanket fidelity bond from a corporate surety approved by it, conditioned upon the faithful performance of the duties of the executive officer, the members of the executive board, and all other employees of the activity organization. Such blanket bond shall be in a penal amount set by the executive board and shall be the sum of 50 percent of the largest amount of moneys on hand in any 30–day period during the preceding fiscal year, and 20 percent of the net valuation of all assets of the activity organization as of the close of the last fiscal year, but such bond shall in no case be in an amount less than $10,000.
281—36.10(280) Audit. The financial condition and transaction of all organizations shall be examined once each year, or more often if directed by the director of education, by either a certified public accountant chosen by the organization or by a committee chosen by the organization and approved by the director of education.
281—36.11(280) Examinations by auditors. Auditors shall have the right while making the examination to examine all organization papers, books, records, tickets, and documents of any of the officers and employees of the organizations, and shall have the right in the presence of the custodian or deputy, to have access to the cash drawers and cash in the official custody of the officer and to the rec–ords of any depository which has funds of the organization in its custody.
281—36.12(280) Access to records. Upon request, organizations shall make available to the state department of education or its delegated representative all records, data, written policies, books, accounts, and other materials relating to any or all aspects of their operations.
281—36.13(280) Appearance before state board. At the request of the state board of education or its executive officer, members of the governing boards and employees of the organizations shall appear before and give full accounting and details on the aforesaid matters to the state board of education.
281—36.14(280) Interscholastic athletics. In addition to the requirements of rule 36.15(280),organizations shall prescribe and implement the rules described below for participants in interscholastic athletic competition.
36.14(1) Physical examination. Every year each student shall present to the student’s superintendent a certificate signed by a licensed physician and surgeon, osteopathic physician and surgeon, osteopath, qualified doctor of chiropractic, licensed physician assistant, or advanced registered nurse practitioner, to the effect that the student has been examined and may safely engage in athletic competition.
Each doctor of chiropractic licensed as of July 1, 1974, shall affirm on each certificate of physical examination completed that the affidavit required by Iowa Code section 151.8 is on file with the Iowa board of chiropractic examiners.
The certificate of physical examination is valid for the purpose of this rule for one calendar year. A grace period not to exceed 30 days is allowed for expired physical certifications.
A student shall not be required to submit to a physical examination if the student’s parent or 18–year–old student submits to a school administrator an affidavit that the physical examination requirement conflicts with the tenets and practice of a recognized religious denomination of which the student is an adherent or member.
36.14(2) Sportsmanship. It is the clear obligation of member and associate member schools to ensure that their contestants, coaches, and spectators in all interscholastic competitions practice the highest principles of sportsmanship, conduct, and ethics of competition. The governing organization shall have authority to penalize any member school, associate member school, contestant, or coach in violation of this obligation.
36.14(3) Awards.
a. Awards from the student’s school. A student will be permitted to receive only the customary ribbon or medal for participation in an interscholastic athletic contest. A student will be allowed to receive from the student’s school, for participation in the interscholastic athletic program, an award whose value cannot exceed $25. Nothing in this subrule shall preclude or prevent the awarding and the acceptance of an inexpensive, unmounted, unframed paper certificate of recognition as an award, or an inexpensive table favor which is given to everyone attending a banquet.
b. Awards for participation in school programs from other than the student’s school. No student shall receive any award from an individual or outside organization for high school participation while enrolled in high school, except that nothing in this subrule shall preclude the giving of a complimentary dinner by local individuals, organizations, or groups, with approval of the superintendent, to members of the local high school athletic squad. No student shall accept any trip or excursion of any kind by any individual, organization, or group outside the student’s own school or the governing organization, with the exception of bona fide recruiting trips that meet NCAA requirements. Nothing in this subrule shall preclude or prevent the awarding and the acceptance of an inexpensive, unmounted, unframed paper certificate of recognition as an award, or an inexpensive table favor which is given to everyone attending a banquet.
c. Awards for participation in nonschool programs. If a student participates in an outside school activity during the school year, the student may not receive any award the value of which exceeds $25. During the summer months, a student may enter an event in any sport as an individual or as a member of a team not representing the student’s school, subject to subrule 36.15(6). If the student wins an award, the student may accept the award provided it does not violate the amateur award rule of the amateur sanctioning body for that sport.
d. Absolute prohibition on cash or cash equivalent. At no time may any student accept an award of cash or cash equivalent.
e. Compliance. The superintendent or designee shall be held responsible for compliance with this subrule. Questions or interpretation regarding medals or awards shall be referred to the executive board.
36.14(4) Interstate competition. Every student participating in interstate athletic competition on behalf of the student’s school must meet the eligibility rules.
36.14(5) Competition seasons. The length of training periods and competition seasons shall be determined solely by the governing organization.
36.14(6) Tournaments. The number and type of state tournaments for the various sports shall be determined by the organization. In scheduling and conducting these tournaments, the organization shall have the final authority for determining the tournament eligibility of all participants. Organization bylaws shall provide for a timely method of seeking an internal review of initial decisions regarding tournament eligibility.
36.14(7) Ineligible player competition. Member or associate member schools that permit or allow a student to compete in an interscholastic competition in violation of the eligibility rules or that permit or allow a student who has been suspended to so compete shall be subject to penalties imposed by the executive board. The penalties may include, but are not limited to, the following: forfeiture of contests or events or both, involving any ineligible student(s); adjustment or relinquishment of conference/district/tournament standings; and return of team awards or individual awards or both.
If a student who has been declared ineligible or who has been suspended is permitted to compete in an interscholastic competition because of a current restraining order or injunction against the school, registered organization, or department of education, and if such restraining order or injunction subsequently is voluntarily vacated, stayed, reversed, or finally determined by the courts not to justify injunctive relief, the penalties listed above may be imposed.
This rule is intended to implement Iowa Code section 280.13.
281—36.15(280) Eligibility requirements.
36.15(1) Local eligibility and student conduct rules. Local boards of education may impose additional eligibility requirements not in conflict with these rules. Nothing herein shall be construed to prevent a local school board from declaring a student ineligible to participate in interscholastic competition by reason of the student’s violation of rules adopted by the school pursuant to Iowa Code sections 279.8 and 279.9. A member or associate member school shall not allow any student, including any transfer student, to compete until such time as the school has reasonably reliable proof that the student is eligible to compete for the member or associate member school under these rules.
36.15(2) Scholarship rules.
a. All contestants must be enrolled and in good standing in a school that is a member or associate member in good standing of the organization sponsoring the event.
b. All contestants must be under 20 years of age.
c. All contestants shall be enrolled students of the school in good standing. They shall receive credit in at least four subjects, each of one period or “hour” or the equivalent thereof, at all times. To qualify under this rule, a “subject” must meet the requirements of 281—Chapter 12. Coursework taken from a postsecondary institution and for which a school district or accredited nonpublic school grants academic credit toward high school graduation shall be used in determining eligibility. No student shall be denied eligibility if the student’s school program deviates from the traditional two–semester school year.
(1) Each contestant shall be passing all coursework for which credit is given and shall be making adequate progress toward graduation requirements at the end of each grading period. Grading period, graduation requirements, and any interim periods of ineligibility are determined by local policy. For purposes of this subrule, “grading period” shall mean the period of time at the end of which a student in grades 9 through 12 receives a final grade and course credit is awarded for passing grades.
(2) If at the end of any grading period a contestant is given a failing grade in any course for which credit is awarded, the contestant is ineligible to dress for and compete in the next occurring interscholastic athletic contests and competitions in which the contestant is a contestant for 30 consecutive calendar days.
d. A student with a disability who has an individualized education program shall not be denied eligibility on the basis of scholarship if the student is making adequate progress, as determined by school officials, towards the goals and objectives on the student’s individualized education program.
e. A student who meets all other qualifications may be eligible to participate in interscholastic athletics for a maximum of eight consecutive semesters upon entering the ninth grade for the first time. However, a student who engages in athletics during the summer following eighth grade is also eligible to compete during the summer following twelfth grade. Extenuating circumstances, such as health, may be the basis for an appeal to the executive board which may extend the eligibility of a student when the executive board finds that the interests of the student and interscholastic athletics will be benefited.
f. All member schools shall provide appropriate interventions and necessary academic supports for students who fail or who are at risk to fail, and shall report to the department regarding those interventions on the comprehensive school improvement plan.
g. A student is academically eligible upon entering the ninth grade.
h. A student is not eligible to participate in an interscholastic sport if the student has, in that same sport, participated in a contest with or against, or trained with, a National Collegiate Athletic Association (NCAA), National Junior College Athletic Association (NJCAA), National Association of Intercollegiate Athletics (NAIA), or other collegiate governing organization’s sanctioned team. A student may not participate with or against high school graduates if the graduates represent a collegiate institution or if the event is sanctioned or sponsored by a collegiate institution. Nothing in this subrule shall preclude a student from participating in a one–time tryout with or against members of a college team with permission from the member school’s administration and the respective collegiate institution’s athletic administration.
i. No student shall be eligible to participate in any given interscholastic sport if the student has engaged in that sport professionally.
j. The local superintendent of schools, with the approval of the local board of education, may give permission to a dropout student to participate in athletics upon return to school if the student is otherwise eligible under these rules.
k. Remediation of a failing grade by way of summer school or other means shall not affect the student’s ineligibility. All failing grades shall be reported to any school to which the student transfers.
36.15(3) General transfer rule. A student who transfers from a school in another state or country or from one member or associate member school to another member or associate member school shall be ineligible to compete in interscholastic athletics for a period of 90 consecutive school days, as defined in rule 281—12.1(256), exclusive of summer enrollment, unless one of the exceptions listed in paragraph 36.15(3)“a” applies. The period of ineligibility applies only to varsity level contests and competitions. (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.) In ruling upon the eligibility of transfer students, the executive board shall consider the factors motivating student changes in residency. Unless otherwise provided in these rules, a student intending to establish residency must show that the student is physically present in the district for the purpose of making a home and not solely for school or athletic purposes.
a. Exceptions. The executive officer or executive board shall consider and apply the following exceptions in formally or informally ruling upon the eligibility of a transfer student and may make eligibility contingent upon proof that the student has been in attendance in the new school for at least ten days:
(1) Upon a contemporaneous change in parental residence, a student is immediately eligible if the student transfers to the new district of residence or to an accredited nonpublic member or associate member school located in the new school district of residence. In addition, if with a contemporaneous change in parental residence, the student had attended an accredited nonpublic member or associate member school immediately prior to the change in parental residence, the student may have immediate eligibility if the student transfers to another accredited nonpublic member or associate member school.
(2) If the student is attending in a school district as a result of a whole–grade sharing agreement between the student’s resident district and the new school district of attendance, the student is immediately eligible.
(3) A student who has attended high school in a district other than where the student’s parent(s) resides, and who subsequently returns to live with the student’s parent(s), becomes immediately eligible in the parent’s resident district.
(4) Pursuant to Iowa Code section 256.46, a student whose residence changes due to any of the following circumstances is immediately eligible provided the student meets all other eligibility requirements in these rules and those set by the school of attendance:
1. Adoption.
2. Placement in foster or shelter care.
3. Participation in a foreign exchange program, as evidenced by a J–1 visa issued by the United States government, unless the student attends the school primarily for athletic purposes.
4. Placement in a juvenile correction facility.
5. Participation in a substance abuse program.
6. Participation in a mental health program.
7. Court decree that the student is a ward of the state or of the court.
8. The child is living with one of the child’s parents as a result of divorce, separation, death, or other change in the child’s parents’ marital relationship, or pursuant to other court–ordered decree or order of custody.
(5) A transfer student who attends in a member or associate member school that is a party to a cooperative student participation agreement, as defined in rule 36.20(280), with the member or associate member school the student previously attended is immediately eligible in the new district to compete in those interscholastic athletic activities covered by the cooperative agreement.
(6) Any student whose parents change district of residence but who remains in the original district without interruption in attendance continues to be eligible in the member or associate member school of attendance.
(7) A special education student whose attendance center changes due to a change in placement agreed to by the district of residence is eligible in either the resident district or the district of attendance, but not both.
(8) In any transfer situation not provided for elsewhere in this chapter, the executive board shall exercise its administrative authority to make any eligibility ruling which it deems to be fair and reasonable. The executive board shall consider the motivating factors for the student transfer. The determination shall be made in writing with the reasons for the determination clearly delineated.
b. In ruling upon the transfer of students who have been emancipated by marriage or have reached the age of majority, the executive board shall consider all circumstances with regard to the transfer to determine if it is principally for school or athletic purposes, in which case participation shall not be approved.
c. A student who participates in the name of a member or associate member school during the summer following eighth grade is ineligible to participate in the name of another member or associate member school in the first 90 consecutive school days of ninth grade unless a change of residence has occurred after the student began participating in the summer.
d. A school district that has more than one high school in its district shall set its own eligibility policies regarding intradistrict transfers.
36.15(4) Open enrollment transfer rule. A student in grades 9 through 12 whose transfer of schools had occurred due to a request for open enrollment by the student’s parent or guardian is ineligible to compete in interscholastic athletics during the first 90 school days of transfer except that a student may participate immediately if the student is entering grade 9 for the first time and did not participate in an interscholastic athletic competition for another school during the summer immediately following eighth grade. The period of ineligibility applies only to varsity level contests and competitions. (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.) This period of ineligibility does not apply if the student:
a. Participates in an athletic activity in the receiving district that is not available in the district of residence; or
b. Participates in an athletic activity for which the resident and receiving districts have a cooperative student participation agreement pursuant to rule 36.20(280); or
c. Has paid tuition for one or more years to the receiving school district prior to making application for and being granted open enrollment; or
d. Has attended in the receiving district for one or more years prior to making application for and being granted open enrollment under a sharing or mutual agreement between the resident and receiving districts; or
e. Has been participating in open enrollment and whose parents/guardians move out of their district of residence but exercise either the option of remaining in the original open enrollment district or enrolling in the new district of residence. If the pupil has established athletic eligibility under open enrollment, it is continued despite the parent’s or guardian’s change in residence; or
f. Has not been participating in open enrollment, but utilizes open enrollment to remain in the original district of residence following a change of residence of the student’s parent(s). If the pupil has established athletic eligibility, it is continued despite the parent’s or guardian’s change in residence; or
g. Obtains open enrollment due to the dissolution and merger of the former district of residence under Iowa Code subsection 256.11(12); or
h. Obtains open enrollment due to the pupil’s district of residence entering into a whole–grade sharing agreement on or after July 1, 1990, including the grade in which the pupil would be enrolled at the start of the whole–grade sharing agreement; or
i. Participates in open enrollment and the parent/guardian is an active member of the armed forces and resides in permanent housing on government property provided by a branch of the armed services.
36.15(5) Eligibility for other enrollment options.
a. Shared–time students. A nonpublic school student who is enrolled only part–time in the public school district of the student’s residence under a “shared–time” provision or for driver education is not eligible to compete in interscholastic athletics in the public school district.
b. Dual enrollment. A student who receives competent private instruction, not in an accredited nonpublic or public school, may seek dual enrollment in the public school of the student’s resident district and is eligible to compete in interscholastic athletic competition in the resident school district provided the student meets the eligibility requirements of these rules and those set by the public school of attendance.
If a student seeking such dual enrollment is enrolled in an associate member school of the Iowa Girls’ High School Athletic Union or Iowa High School Athletic Association, the student is eligible for and may participate in interscholastic athletic competition only for the associate member school or a school with which the associate member school is in a cooperative sharing agreement. (Eligibility in such case is governed by 281 IAC 36.1(280).)
Any ineligibility imposed under this chapter shall begin with the first day of participation under dual enrollment. Any period of ineligibility applies only to varsity level contests and competitions. (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.)
c. Competent private instruction. A student who receives competent private instruction, and is not dual–enrolled in a public school, may participate in and be eligible for interscholastic athletics at an accredited nonpublic school if the student is accepted by that school and the student meets the eligibility requirements of this chapter and those set by the accredited nonpublic school where the student participates. Application shall be made to the accredited nonpublic school on a form provided by the department of education.
If a student seeking such participation is enrolled in an associate member school of the Iowa Girls’ High School Athletic Union or Iowa High School Athletic Association, the student is eligible for and may participate in interscholastic athletic competition only for the associate member school or a school with which the associate member school is in a cooperative sharing agreement. (Eligibility in such case is governed by 281 IAC 36.1(280).)
Any ineligibility imposed under this chapter shall begin with the first day of participation with the accredited nonpublic school. Any period of ineligibility applies only to varsity level contests and competitions. (“Varsity” means the highest level of competition offered by one school or school district against the highest level of competition offered by an opposing school or school district.)
36.15(6) Summer camps and clinics and coaching contacts out of season.
a. School personnel, whether employed or volunteers, of a member or associate member school shall not coach that school’s student athletes during the school year in a sport for which the school personnel are currently under contract or are volunteers, outside the period from the official first day of practice through the finals of tournament play. Nor shall volunteer or compensated coaching personnel require students to participate in any activities outside the season of that coach’s sport as a condition of participation in the coach’s sport during its season.
b. A summer team or individual camp or clinic held at a member or associate member school facility shall not conflict with sports in season. Summertime coaching activities shall not conflict with sports in season.
c. A member or associate member school may open its gym or athletic facilities for the purpose of making recreational activities available for all students or the community. When students are participating in open gym in the hours immediately before or after school, school personnel shall be assigned to supervise. Open gyms are subject to the following restrictions:
(1) The supervisor shall not engage in any type of coaching nor participate during supervision.
(2) Attendance by students is voluntary.
(3) Volunteer or paid coaches may not directly or indirectly require the attendance of students or require the performance of activities by students prior to the legal practice period for that coach’s sport.
(4) Open gym shall not be called or posted for specific sports.
(5) An open gym notice shall be posted on the general student information bulletin board and shall be signed or initialed by a school administrator other than the coach supervising the open gym.
d. Penalty. A school whose volunteer or compensated coaching personnel violate this rule is ineligible to participate in a governing organization–sponsored event in that sport for one year with the violator(s) coaching.
36.15(7) Nonschool team participation. The local school board shall by policy determine whether or not participation in nonschool athletic events during the same season is permitted and provide penalties for students who may be in violation of the board’s policy.
This rule is intended to implement Iowa Code sections 256.46, 280.13 and 282.18.
281—36.16(280) Executive board review. A student, parent of a minor student, or school contesting the ruling of a student’s eligibility based on these rules, other than subrule 36.15(1), or a school contesting a penalty imposed under subrule 36.15(6), paragraph “b,” shall be required to state the basis of the objections in writing and may also request an oral hearing, addressed to the executive officer of the board of the governing organization. The executive officer shall schedule a hearing before the executive board on or before the next regularly scheduled meeting of the executive board, but not later than 20 days following the receipt of the objections unless a later time is mutually agreeable. The executive board shall give at least 5 days’ written notice of the hearing. The executive board shall consider the evidence presented and issue findings and conclusions in a written decision within 5 days of the hearing, and shall mail a copy to appellant.
281—36.17(280) Appeals to director. If the claimant is still dissatisfied, an appeal may be made in writing to the director of education by giving written notice of the appeal to the state director of education with a copy by registered mail to the executive officer of the governing organization. An appeal shall be in the form of an affidavit and shall be filed within 10 days after the date of mailing of the decision of the governing organization. The director of education shall establish a date for hearing within 20 days of receipt of written notice of appeal by giving at least 5 days’ written notice of hearing to appellant unless another time is mutually agreeable. The procedures for hearing adopted by the state board of education and found at 281—Chapter 6 shall be applicable, except that the decision of the director is final. Appeals to the executive board and the state director are not contested cases under Iowa Code subsection 17A.2(2).
281—36.18(280) Organization policies. The constitution or bylaws of organizations sponsoring contests for participation by member schools shall reflect the following policies:
36.18(1) Expenditure policy. It shall be the expenditure policy of each organization, after payment of costs incurred in 36.6(280) to 36.9(280) and legitimate expenses for housing, equipment and supplies including by agreement with other organizations having a mutual interest in interscholastic activities, to use all receipts to promote and fiscally sponsor those extracurricular interscholastic contests and competitions deemed by it to be most beneficial to all eligible students enrolled in member schools. Organizations with large revenues may provide assistance in staff, space, equipment and the transfer of funds to other organizations whose contests or competitions do not generate sufficient moneys to carry out an adequate program in their areas of service. Each organization shall make an annual payment to the federation to cover the necessary expenditures of the federation. The amount of this payment shall be determined by the federation.
36.18(2) Federation survey. A survey shall be made at least biennially, using a sampling procedure selected by the executive committee of the federation to determine in what extracurricular interscholastic contests or competitions students of member secondary schools would like to participate. The organizations shall put high priority on the findings of the survey in the determination of what interscholastic activities are to be sponsored.
36.18(3) Calendar of events. The federation shall establish yearly in advance a calendar of events for the interscholastic contests and competitions sponsored by the organizations.
36.18(4) Information to local member schools. The federation shall distribute to member schools the yearly calendar of events and other information believed by officers of the federation to be helpful to local school officials in providing a comprehensive program of extracurricular interscholastic contests or competitions.
36.18(5) “All–star” contests. A student enrolled in a member or associate member school will be ineligible for 12 calendar months in the sport in which the violation occurred if the student participates in an all–star contest.
36.18(6) Team participation. Participation in interscholastic contests or competitions shall be by school teams only and not selected individuals, with the exception of individual sports events such as wrestling, track, cross country, golf, tennis, and music and speech activities.
36.18(7) Contests outside Iowa. Out–of–state contest participation by a member school shall be limited to regularly scheduled interscholastic activities.
36.18(8) Promoting interstate contests. No activity organization shall sponsor interstate contests or competition between individuals, teams or groups.
36.18(9) Chaperones. It is the responsibility of all school districts to see that all teams or contestants are properly chaperoned when engaged in interscholastic activities.
36.18(10) Membership. Membership in an organization shall be limited to schools accredited by the department or approved by the department solely for purposes of associate membership in a registered organization.
281—36.19(280) Eligibility in situations of district organization change. Notwithstanding any other provision of this chapter, in the event eligibility of one or more students is jeopardized or in question as a result of actions beyond their control due to pending reorganization of school districts approved by the voters under Iowa Code chapter 275; action of the district boards of directors under Iowa Code section 274.37; or the joint employment of personnel and sharing of facilities under Iowa Code section 280.15 and the result is a complete discontinuance of the high school grades, or discontinuance of the high school grades pursuant to Iowa Code section 282.7, first paragraph, the boards of directors of the school districts involved may, by written agreement, determine the eligibility of students for the time the district of residence does not provide an activity program governed by this chapter. When the respective boards have not provided by written agreement for the eligibility of students whose eligibility is jeopardized or questioned four weeks prior to the normal established time for beginning the activity, students or parents of students involved may request a determination of eligibility from the governing body of the organization involved. All parties directly interested shall be given an opportunity to present their views to the governing board.
A determination of eligibility by the governing board shall be based upon fairness and the best interests of the students.
In the event that one or more parties involved in the request for determination before the governing board are dissatisfied with the decision of the governing board, an appeal may be made by the dissatisfied party to the director of the department under the provisions of 36.17(280). A decision of the director in the matter shall be final.
The above provisions shall apply insofar as applicable to changes of organization entered into between two or more nonpublic schools.
This rule is intended to implement Iowa Code section 280.13.
281—36.20(280)* Cooperative student participation. Notwithstanding any other provision of this chapter, in the event a member or associate member school does not directly make participation in an interscholastic activity available to its students, the governing board of the member or associate member school may, by formally adopted policy if among its own attendance centers, or by written agreement with the governing board of another member or associate member school, provide for the eligibility of its students in interscholastic activities provided by another member or associate member school. The eligibility of students under a policy, insofar as applicable, or a written agreement is conditioned upon the following:
36.20(1) All terms and conditions of the agreement are in writing;
36.20(2) The attendance boundary of each school that is party to the agreement is contiguous to or contained within the attendance boundary of one of the other schools, unless the activity is not offered at any school contiguous to the party district, or all schools that are contiguous refuse to negotiate an agreement with the party district, in which case the contiguous requirement may be waived by the applicable governing organization. For the purposes of this rule, a nonpublic school member will utilize the attendance boundaries of the public school in which its attendance center is located;
36.20(3) Any interscholastic activity not available to students of the schools participating in the agreement may be included in the agreement. A school’s students may be engaged in cooperative activities under the terms of only one agreement;
However, if several schools are in a consortia cooperative agreement for a specific activity, they are not precluded from having a separate agreement with one or more of the same schools for a different activity as long as all schools of the consortia agree to such a separate agreement.
36.20(4) Agreements shall be for a minimum of one school year. Amendments may be made to agreements, including allowing additional member schools to join an existing agreement, without necessarily extending the time of existence of the agreement.
36.20(5) All students participating under the agreement are enrolled in one of the schools, are in good standing and meet all other eligibility requirements of these rules;
36.20(6) A copy of the written agreement between the governing boards of the particular schools involved, and all amendments to the agreement, shall be filed with the appropriate governing organization(s) no later than April 30 for the subsequent year, unless exception is granted by the organization for good cause shown. The agreements and amendments shall be deemed approved unless denied by the governing organization(s) within ten days;
36.20(7) Interscholastic competition is engaged in only under the name of the host school. It is the purpose of this rule to allow individual students participation in interscholastic competition in activities not available to them at the school they attend, through local policy or arrangements made between the governing boards of the schools involved, so long as the interscholastic activities of other schools are not substantially prejudiced. Substantial prejudice shall include, but not necessarily be limited to, situations where a cooperative effort may result in an unfair domination of an activity, or substantial disruption of activity classifications and management. In the event an activity organization determines, after investigation, that an agreement between schools developed under the terms of these subrules results in substantial prejudice to other schools engaged in the activity, or the terms of the agreement are not in conformity with the purpose and terms of this rule, the activity organization may give timely notice to the schools involved that the local policy or agreement between them is null and void for the purposes of this rule, insofar as cooperative student participation is concerned with a particular activity. Determinations are appealable to the director of education under the applicable terms of 36.17(280). For notice to be timely, it must be given at least 45 days prior to the beginning of the activity season.
This rule shall become effective on January 8, 1986. However, prior written agreements in existence at the time of this rule’s adoption shall continue in force and effect until terminated by the parties or by the terms of the existing agreement.
This rule is intended to implement Iowa Code section 280.13.
[Filed 12/13/66; amended 12/15/72, 10/12/73, 7/25/75]
[Filed 1/12/76, Notice 10/20/75—published 1/26/76, effective 3/1/76]
[Filed 2/28/77, Notice 12/15/76—published 3/23/77, effective 4/27/77]
[Filed emergency 4/25/80—published 5/14/80, effective 5/1/80]
[Filed 7/24/81, Notice 4/15/81—published 8/19/81, effective 9/25/81]
[Filed 5/20/82, Notice 2/17/82—published 6/9/82, effective 8/1/82, 7/1/83*]
[Filed 11/14/85, Notice
7/31/85—published 12/4/85, effective 1/8/86]
[Filed 11/14/86, Notice 8/27/86—published 12/3/86, effective 1/7/87]**
[Filed 11/14/86, Notice 9/10/86—published 12/3/86, effective 1/7/87]**
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 5/12/89, Notices 2/8/89, 4/5/89—published 5/31/89, effective 7/5/89]à
[Filed 9/15/89, Notice 7/26/89—published 10/4/89, effective 11/8/89]
[Filed 1/17/92, Notice 10/2/91—published 2/5/92, effective 7/1/92]
[Filed 10/9/92, Notice 6/24/92—published 10/28/92, effective 12/2/92]
[Filed 2/12/93, Notice 9/16/92—published 3/3/93, effective 4/7/93]
[Filed 3/11/94, Notice 12/8/93—published 3/30/94, effective 5/4/94]
[Filed emergency 5/20/94—published 6/8/94, effective 5/20/94]
[Filed 9/9/94, Notice 6/8/94—published 9/28/94, effective 11/2/94]
[Filed 11/17/94, Notice 9/28/94—published 12/7/94, effective 1/11/95]
[Filed emergency 2/26/96—published 3/13/96, effective 3/13/96]
[Filed 9/13/96, Notice 7/17/96—published 10/9/96, effective 11/13/96]
[Filed emergency 11/25/96—published 12/18/96, effective 11/25/96]
[Filed 2/13/97, Notice 12/18/96—published 3/12/97, effective 4/16/97]à
[Filed 8/8/97, Notice 6/4/97—published 8/27/97, effective 10/1/97]
[Filed 8/10/98, Notice 5/6/98—published 9/9/98, effective 10/14/98]
[Filed 4/19/02, Notice 2/6/02—published 5/15/02, effective 6/19/02]
[Filed 8/2/02, Notice 6/26/02—published 8/21/02, effective 9/25/02]
[Filed 3/3/06, Notice 12/7/05—published 3/29/06, effective 7/1/06]
[Filed 4/3/08, Notice
1/16/08—published 4/23/08, effective 7/1/08]
chapter 37
EXTRACURRICULAR ATHLETIC ACTIVITY
conference for member schools
281—37.1(280) Policy and purpose. It is the purpose of this chapter to provide a procedure ensuring that a school desiring to be a member of a conference providing extracurricular athletic contests and competitions for students is granted this opportunity. Membership shall be with other schools of comparable size and within reasonable geographic proximity. For purposes of this chapter, member school means a school or school district granted such status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13, and includes associate members.
281—37.2(280) Initial responsibility. The initial authority and responsibility for conference development, membership, and alignment rests with the board of directors of each public school district and the authorities in charge of each nonpublic school.
281—37.3(280) Complaint to the director, department of education. A member school that believes it has been unfairly excluded or prevented from obtaining membership in an athletic activity conference that would provide the opportunity for participation of its students in athletic events or contests with students from other member schools of comparable size and within reasonable geographic proximity may file a complaint stating this concern with the director of the department of education. The complaint shall set forth in a plain and concise manner the reasons the member school believes the director should intervene in conference alignment decisions and the specific relief requested by the member school. The complaint shall be signed by the president of the board of directors of a public school district or a representative of the officials in charge of an accredited nonpublic school. The director or the director’s designee shall, within ten days, acknowledge to the member school receipt of the complaint in writing.
281—37.4(280) Mediation. The director of the department of education shall require that the executive director of the Iowa High School Athletic Association (hereinafter association) and the executive secretary of the Iowa Girls’ High School Athletic Union (hereinafter union) organizations recognized in 281—Chapter 36, or their designees, form a mediation team to meet with the complainant and representatives of other affected member schools. If the complaint involves conference alignment for athletic activities represented by only one of the organizations, only that organization shall be involved in the mediation. A copy of all materials filed with the director by the complainant member school shall be provided to the mediation team.
The mediation team shall meet with administrators or board members of schools potentially affected by changes in conference alignment related to the complaint. Schools shall send representatives who have knowledge of the impact of a conference realignment and full authority to respond on behalf of their member school. Factors to be weighed in reaching resolution will include, but not be limited to, school enrollment figures (current and projected), travel distances, comparability of instructional programs, traditional rivalries, number of existing and proposed schools in the conference, and comparability of athletic programs and other school–sponsored programs.
281—37.5(280) Resolution or recommendation of the mediation team. If mediation results in resolution of the complaint, no further action shall be necessary on the part of the director, and the implementation of the mediation agreement shall be left with the boards of directors of school districts and the authorities in charge of nonpublic schools. If no resolution is reached within 50 days of the start of the mediation process, the mediation team shall make a recommendation to the director as to the best resolution of the complaint. Copies of this recommendation shall be given to all affected member schools. The director shall establish a time for a hearing on this recommendation within 45 days of the receipt of the mediation team’s recommendation. The director or director’s designee shall conduct the hearing at which time all affected parties shall be given the opportunity to provide oral or written testimony or submit other evidence. The director or director’s designee shall reserve the right to establish time limits on appearances at the hearing.
281—37.6(280) Decision. In reaching a decision on the complaint, the director shall consider information gathered by the mediation team and its recommendation as well as the written and oral testimony from the hearing. In addition, the director or the director’s designee may consult with other individuals, organizations, or conference representatives able to provide input on a decision. If a designee of the director conducts the hearing and review process, the findings of the designee shall be reviewed by the director. A final decision on the complaint shall be made by the director. The decision may affect conference realignment or direct other appropriate relief to remedy the complaint. The director shall make a decision within 60 days of the hearing, and copies of the decision shall be provided to all affected parties.
281—37.7(280) Effective date of the decision. If the decision requires conference realignment, the date of this change shall be made with deference given to existing contracts and commitments. Alignment changes shall be made for four–year periods with automatic review by the director after two years so that further necessary changes take effect at the conclusion of the four–year period, unless agreement exists that implementation of the changes can occur at an earlier date.
These rules are intended to implement Iowa Code section 280.13.
[Filed 11/22/91, Notice 10/2/91—published 12/11/91, effective 1/15/92]
[Filed 4/19/02, Notice
2/6/02—published 5/15/02, effective 6/19/02]
CHAPTERS 38 to 40
Reserved
TITLE VII
SPECIAL EDUCATION
[Prior to 9/7/88,
see Public Instruction Department[670] Ch 12]
DIVISION I
PURPOSE AND APPLICABILITY
281—41.1(256B,34CFR300) Purposes. The purposes of this chapter are as follows:
1. To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
2. To ensure that the rights of children with disabilities and their parents are protected;
3. To assist local educational agencies, area education agencies, and state agencies to provide for the education of all children with disabilities and to allocate responsibilities among those agencies; and
4. To assess and ensure the effectiveness of efforts to educate children with disabilities.
281—41.2(256B,34CFR300) Applicability of this chapter. The provisions of this chapter are binding on each public agency in the state that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Individuals with Disabilities Education Act (Act).
41.2(1) General. The provisions of this chapter apply to all political subdivisions of the state that are involved in the education of children with disabilities, including:
a. The state educational agency (SEA).
b. Local educational agencies (LEAs), area education agencies (AEAs), and public charter schools that are not otherwise included as LEAs or educational service agencies (ESAs) and are not a school of an LEA or ESA.
c. Other state agencies and schools, including but not limited to the departments of human services and public health and state schools and programs for children with deafness or children with blindness.
d. State and local juvenile and adult correctional facilities.
41.2(2) Private schools and facilities. Each public agency in the state is responsible for ensuring that the rights and protections under Part B of the Act are given to children with disabilities referred to or placed in private schools and facilities by that public agency; or placed in private schools by their parents under the provisions of rule 41.148(256B,34CFR300).
41.2(3) Age. This chapter applies to all children requiring special education
between birth and the twenty–first birthday and to a maximum allowable age
under Iowa Code section 256B.8.
DIVISION II
DEFINITIONS
281—41.3(256B,34CFR300) Act. “Act” means the Individuals with Disabilities Education Act as amended through August 14, 2006.
281—41.4(256B,273) Area education agency. “Area education agency” or “AEA” is a political subdivision of the state organized pursuant to Iowa Code chapter 273. An area education agency, depending on context, may be a local educational agency, as defined in rule 41.28(256B,34CFR300), an educational service agency, as defined in rule 41.12(256B,34CFR300), or both simultaneously.
281—41.5(256B,34CFR300) Assistive technology device. “Assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted or the replacement of such device.
281—41.6(256B,34CFR300) Assistive technology service. “Assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes the following:
1. The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment;
2. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
3. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
4. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
5. Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and
6. Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.
281—41.7(256B,34CFR300) Charter school. “Charter school” has the meaning given the term in Section 5210(1) of the Elementary and Secondary Education Act of 1965 as amended through August 14, 2006, 20 U.S.C. 6301 et seq. (ESEA).
281—41.8(256B,34CFR300) Child with a disability. “Child with a disability” refers to a person under 21 years of age, including a child under 5 years of age, who has a disability in obtaining an education. The term includes an individual who is over 6 and under 16 years of age who, pursuant to the statutes of this state, is required to receive a public education; an individual under 6 or over 16 years of age who, pursuant to the statutes of this state, is entitled to receive a public education; and an individual between the ages of 21 and 24 who, pursuant to the statutes of this state, is entitled to receive special education and related services. In federal usage, this refers to infants, toddlers, children and young adults. In these rules, this term is synonymous with “child requiring special education” and “eligible individual.”
281—41.9(256B,34CFR300) Consent.
41.9(1) Obtaining consent. “Consent” is obtained when all of the following conditions are satisfied:
a. The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;
b. The parent understands and agrees in writing to the carrying out of the activity for which parental consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and
c. The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.
41.9(2) When revocation of consent is effective. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that occurred after the consent was given and before the consent was revoked).
281—41.10(256B,34CFR300) Core academic subjects. “Core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.
281—41.11(256B,34CFR300) Day; business day; school day. “Day” means calendar day unless otherwise indicated as business day or school day.
1. “Business day” means Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of business day, as in 41.148(4)“b.”
2. “School day” means any day, including a partial day, when children are in attendance at school for instructional purposes. School day has the same meaning for all children in school, including children with and without disabilities. The length of the school day for an eligible individual shall be the same as that determined by the local educational agency’s board of directors for all other individuals, unless a shorter day or longer day is prescribed in the eligible individual’s individualized education program.
281—41.12(256B,34CFR300) Educational service agency. “Educational service agency” means a regional public multiservice agency that is authorized by state law to develop, manage, and provide services or programs to LEAs; and is recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the state. “Educational service agency” includes any other public institution or agency that has administrative control and direction over a public elementary school or secondary school and includes entities that meet the definition of intermediate educational unit in Section 602(23) of the Act as in effect prior to June 4, 1997.
281—41.13(256B,34CFR300) Elementary school. “Elementary school” means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law.
281—41.14(256B,34CFR300) Equipment. “Equipment” means machinery, utilities, and built–in equipment and any necessary enclosures or structures to house the machinery, utilities, or equipment. “Equipment” includes other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio–visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.
281—41.15(256B,34CFR300) Evaluation. “Evaluation” means procedures used in accordance with rules 41.304(256B,34CFR300) to 41.311(256B,34CFR300) to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.
281—41.16(256B,34CFR300) Excess costs. “Excess costs” means those costs that are in excess of the average annual per–student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting the following:
41.16(1) Certain federal funds. Amounts received under Part B of the Act; under Part A of Title I of the ESEA; and under Parts A and B of Title III of the ESEA; and
41.16(2) Certain state or local funds. Any state or local funds expended for programs that would qualify for assistance under subrule 41.16(1), but excluding any amounts for capital outlay or debt service.
281—41.17(256B,34CFR300) Free appropriate public education. “Free appropriate public education” or “FAPE” means special education and related services that are provided at public expense, under public supervision and direction, and without charge; that meet the standards of the SEA, including the requirements of this chapter; that include an appropriate preschool, elementary school, or secondary school education; and that are provided in conformity with an individualized education program (IEP) that meets the requirements of rules 41.320(256B,34CFR300) to 41.324(256B,34CFR300).
281—41.18(256B,34CFR300) Highly qualified special education teachers.
41.18(1) Requirements for special education teachers teaching core academic subjects. For any public elementary or secondary school special education teacher teaching core academic subjects, the term “highly qualified” has the meaning given the term in Section 9101 of the ESEA and 34 CFR 200.56, except that the requirements for “highly qualified” also include the following:
a. The requirements described in subrule 41.18(2); and
b. The option for teachers to meet the requirements of Section 9101 of the ESEA by meeting the requirements of subrules 41.18(3) and 41.18(4).
41.18(2) Requirements for special education teachers in general.
a. When used with respect to any public elementary school or secondary school special education teacher, “highly qualified” requires that:
(1) The teacher has obtained full state certification as a special education teacher, including certification obtained through alternative routes to certification, or has passed the state special education teacher licensing examination and holds a license to teach in the state as a special education teacher, except that when used with respect to a teacher teaching in a public charter school, “highly qualified” means that the teacher meets the certification or licensing requirements, if any, set forth in the state’s public charter school law;
(2) The teacher has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
(3) The teacher holds at least a bachelor’s degree.
b. A teacher will be considered to meet the standard in 41.18(2)“a”(1) if that teacher is participating in an alternative route to special education certification program as follows:
(1) The teacher meets the following requirements:
1. Receives high–quality professional development that is sustained, intensive, and classroom–focused in order to have a positive and lasting impact on classroom instruction, before and while teaching;
2. Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program;
3. Assumes functions as a teacher only for a specified period of time not to exceed three years; and
4. Demonstrates satisfactory progress toward full certification as prescribed by the state; and
(2) The state ensures, through its certification and licensure process, that the provisions in 41.18(2)“b”(1) are met.
c. Any public elementary school or secondary school special education teacher who is not teaching a core academic subject is “highly qualified” if the teacher meets the requirements in 41.18(2)“a” or the requirements in 41.18(2)“a”(3) and 41.18(2)“b.”
41.18(3) Requirements for special education teachers teaching to alternate achievement standards. When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards established under 34 CFR 200.1(d), “highly qualified” means the teacher, whether new or not new to the profession, may either:
a. Meet the applicable requirements of Section 9101 of the ESEA and 34 CFR 200.56 for any elementary, middle, or secondary school teacher who is new or not new to the profession; or
b. Meet the requirements of paragraph (B) or (C) of Section 9101(23) of the ESEA as applied to an elementary school teacher, or, in the case of instruction above the elementary level, meet the requirements of paragraph (B) or (C) of Section 9101(23) of the ESEA as applied to an elementary school teacher and have subject matter knowledge appropriate to the level of instruction being provided and needed to effectively teach to those standards, as determined by the state.
41.18(4) Requirements for special education teachers teaching multiple subjects. When used with respect to a special education teacher who teaches two or more core academic subjects exclusively to children with disabilities, “highly qualified” means that the teacher may either:
a. Meet the applicable requirements of Section 9101 of the ESEA and 34 CFR 200.56(b) or (c);
b. In the case of a teacher who is not new to the profession, demonstrate competence in all the core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher who is not new to the profession under 34 CFR 200.56(c); or
c. In the case of a new special education teacher who teaches multiple subjects and who is “highly qualified” in mathematics, language arts, or science, demonstrate, not later than two years after the date of employment, competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher under 34 CFR 200.56(c).
41.18(5) Reserved.
41.18(6) Rule of construction. Notwithstanding any other individual right of action that a parent or student may maintain under Part B of the Act or this chapter, nothing in Part B of the Act or this chapter shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a particular SEA or LEA employee to be “highly qualified,” or to prevent a parent from filing a complaint under rules 41.151(256B,34CFR300) to 41.153(256B,34CFR300) about staff qualifications with the SEA as provided for under this chapter.
41.18(7) Applicability of definition to ESEA; clarification of new special education teacher.
a. A teacher who is “highly qualified” under this rule is considered “highly qualified” for purposes of the ESEA.
b. For purposes of 41.18(4)“c,” a fully certified regular education teacher who subsequently becomes fully certified or licensed as a special education teacher is a new special education teacher when first hired as a special education teacher.
41.18(8) Private school teachers not covered. The requirements in this rule do not apply to teachers hired by private elementary schools and secondary schools including private school teachers hired or contracted by LEAs to provide equitable services to parentally placed private school children with disabilities under rule 41.138(256,256B,34CFR300).
281—41.19(256B,34CFR300) Homeless children. “Homeless children” has the meaning given the term “homeless children and youths” in Section 725 (42 U.S.C. 11434a) of the McKinney–Vento Homeless Assistance Act as amended through August 14, 2006, 42 U.S.C. 11431 et seq.
281—41.20(256B,34CFR300) Include. “Include” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.
281—41.21(256B,34CFR300) Indian and Indian tribe. “Indian” means an individual who is a member of an Indian tribe. “Indian tribe” means any federal or state Indian tribe, settlement, band, rancheria, pueblo, colony, or community, including any Alaska native village or regional village corporation as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq.
281—41.22(256B,34CFR300) Individualized education program. “Individualized education program” or “IEP” means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with rules 41.320(256B,34CFR300) to 41.324(256B,34CFR300). A single IEP for each eligible individual, which specifies all the special education and related services the eligible individual is to receive, is required.
281—41.23(256B,34CFR300) Individualized education program team. “Individualized education program team” or “IEP team” means a group of individuals described in rule 41.321(256B,34CFR300) that is responsible for developing, reviewing, or revising an IEP for a child with a disability.
281—41.24(256B,34CFR300) Individualized family service plan. “Individualized family service plan” or “IFSP” has the meaning given the term in Section 636 of the Act.
281—41.25(256B,34CFR300) Infant or toddler with a disability. “Infant or toddler with a disability” means an individual under three years of age who needs early intervention services either because the individual has a condition, based on informed clinical opinion, known to have a high probability of resulting in later delays in growth and development if early intervention services are not provided; or the individual has a developmental delay, which is a 25 percent delay as measured by appropriate diagnostic instruments and procedures, based on informed clinical opinion, in one or more of the following developmental areas: cognitive development, physical development including vision and hearing, communication development, social or emotional development, or adaptive development.
281—41.26(256B,34CFR300) Institution of higher education. “Institution of higher education” has the meaning given the term in Section 101 of the Higher Education Act of 1965 as amended through August 14, 2006, 20 U.S.C. 1021 et seq. (HEA); and also includes any community college receiving funds from the Secretary of the Interior under the Tribally Controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801 et seq.
281—41.27(256B,34CFR300) Limited English proficient. “Limited English proficient” has the meaning given the term in Section 9101(25) of the ESEA.
281—41.28(256B,34CFR300) Local educational agency.
41.28(1) General. “Local educational agency” or “LEA” means a public board of education or other public authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a state, or for a combination of school districts or counties as are recognized in a state as an administrative agency for its public elementary schools or secondary schools.
41.28(2) Educational service agencies and other public institutions or agencies. The term includes an educational service agency, as defined in rule 41.12(256B,34CFR300) and any other public institution or agency having administrative control and direction of a public elementary school or secondary school, including a public nonprofit charter school that is established as an LEA under state law.
41.28(3) BIA–funded schools. The term includes an elementary school or secondary school funded by the Bureau of Indian Affairs, and not subject to the jurisdiction of any SEA other than the Bureau of Indian Affairs, but only to the extent that the inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the Act with the smallest student population.
281—41.29(256B,34CFR300) Native language.
41.29(1) General. “Native language,” when used with respect to an individual who is limited English proficient, means the following:
a. The language normally used by that individual or, in the case of a child, the language normally used by the parents of the child; or
b. The language normally used by the child in the home or learning environment; this language shall be considered “native language” in all direct contact with a child, including evaluation of the child.
41.29(2) Special rule. For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual, such as sign language, Braille, or oral communication.
281—41.30(256B,34CFR300) Parent.
41.30(1) General. “Parent” means:
a. A biological or adoptive parent of a child;
b. A foster parent, unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent;
c. A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, but not the state if the child is a ward of the state;
d. An individual acting in the place of a biological or adoptive parent including a grandparent, stepparent, or other relative with whom the child lives or an individual who is legally responsible for the child’s welfare; or
e. A surrogate parent who has been appointed in accordance with rule 41.519(256B,34CFR300) or 20 U.S.C. 1439(a)(5).
41.30(2) Rules of construction and application. The following rules are to be used to determine whether a party qualifies as a parent:
a. Except as provided in 41.30(2)“b,” the biological or adoptive parent, when attempting to act as the parent under this chapter and when more than one party is qualified to act as a parent under this chapter, must be presumed to be the parent for purposes of this rule unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
b. If a judicial decree or order identifies a specific person or persons under paragraphs “a” to “d” of subrule 41.30(1) to act as the parent of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the parent for purposes of this rule.
c. “Parent” does not include a public or private agency involved in the education or care of a child or an employee or contractor with any public or private agency involved in the education or care of the child in that employee’s or contractor’s official capacity.
281—41.31(256B,34CFR300) Parent training and information center. “Parent training and information center” means a center assisted under Section 671 or 672 of the Act.
281—41.32(256B,34CFR300) Personally identifiable. “Personally identifiable” means information that contains the name of the child, the child’s parent, or other family member; the address of the child; a personal identifier, such as the child’s social security number or student number; or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
281—41.33(256B,34CFR300) Public agency; nonpublic agency; agency. “Public agency” includes the SEA, LEAs, ESAs, nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the state that are responsible for providing education to children with disabilities. “Nonpublic agency” includes any private organization of whatever form that is responsible for providing education to children with disabilities and that is not a public agency. “Agency” includes public agencies and nonpublic agencies.
281—41.34(256B,34CFR300) Related services.
41.34(1) General. “Related services” means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. “Related services” includes speech–language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; early identification and assessment of disabilities in children; counseling services, including rehabilitation counseling; orientation and mobility services; and medical services for diagnostic or evaluation purposes. “Related services” also includes school health services and school nurse services, social work services in schools, and parent counseling and training.
41.34(2) Exception; services that apply to children with surgically implanted devices, including cochlear implants.
a. “Related services” does not include a medical device that is surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or the replacement of that device.
b. Nothing in paragraph “a” of this subrule shall:
(1) Limit the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services as listed in subrule 41.34(1) that are determined by the IEP team to be necessary for the child to receive FAPE;
(2) Limit the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or
(3) Prevent the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required in rule 41.113(256B,34CFR300).
41.34(3) Individual related services terms defined. The terms used in this definition are defined as follows:
a. “Audiology” includes:
(1) Identification of children with hearing loss;
(2) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;
(3) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lipreading), hearing evaluation, and speech conservation;
(4) Creation and administration of programs for prevention of hearing loss;
(5) Counseling and guidance of children, parents, and teachers regarding hearing loss; and
(6) Determination of children’s needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.
b. “Counseling services” means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.
c. “Early identification and assessment of disabilities in children” means the implementation of a formal plan for identifying a disability as early as possible in a child’s life.
d. “Interpreting services” includes the following:
(1) For children who are deaf or hard of hearing, oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, such as communication access real–time translation (CART), C–Print, and TypeWell; and
(2) For children who are deaf–blind, special interpreting services.
e. “Medical services” means services provided by a licensed physician to determine a child’s medically related disability that results in the child’s need for special education and related services.
f. “Occupational therapy” means services provided by a qualified occupational therapist, and includes the following:
(1) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;
(2) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and
(3) Preventing, through early intervention, initial or further impairment or loss of function.
g. “Orientation and mobility services” means services provided to blind or visually impaired children by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community, and includes teaching children the following, as appropriate:
(1) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);
(2) To use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for children with no available travel vision;
(3) To understand and use remaining vision and distance low vision aids; and
(4) Other concepts, techniques, and tools.
h. “Parent counseling and training” means assisting parents in understanding the special needs of their child; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child’s IEP or IFSP.
i. “Physical therapy” means services provided by a qualified physical therapist.
j. “Psychological services” includes the following:
(1) Administering psychological and educational tests, and other assessment procedures;
(2) Interpreting assessment results;
(3) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;
(4) Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;
(5) Planning and managing a program of psychological services, including psychological counseling for children and parents; and
(6) Assisting in developing positive behavioral intervention strategies.
k. “Recreation” includes the following:
(1) Assessment of leisure function;
(2) Therapeutic recreation services;
(3) Recreation programs in schools and community agencies; and
(4) Leisure education.
l. “Rehabilitation counseling services” means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973 as amended through August 14, 2006, 29 U.S.C. 701 et seq.
m. “School health services and school nurse services” means health services that are designed to enable a child with a disability to receive FAPE as described in the child’s IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person.
n. “Social work services in schools” includes the following:
(1) Preparing a social or developmental history concerning a child with a disability;
(2) Group and individual counseling with the child and family;
(3) Working in partnership with parents and others on those problems in a child’s living situation (home, school, and community) that affect the child’s adjustment in school;
(4) Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program; and
(5) Assisting in developing positive behavioral intervention strategies.
o. “Speech–language pathology services” includes the following:
(1) Identification of children with speech or language impairments;
(2) Diagnosis and appraisal of specific speech or language impairments;
(3) Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;
(4) Provision of speech and language services for the habilitation or prevention of communicative impairments; and
(5) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.
p. “Transportation” includes the following:
(1) Travel to and from school and between schools;
(2) Travel in and around school buildings; and
(3) Specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a child with a disability.
41.34(4) Rule of construction. A particular service listed in this rule may also be considered special education under rule 41.39(256B,34CFR300), a supplementary aid and service under rule 41.42(256B,34CFR300), or a support service under rule 41.409(256B,34CFR300).
281—41.35(34CFR300) Scientifically based research. “Scientifically based research” has the meaning given the term in Section 9101(37) of the ESEA.
281—41.36(256B,34CFR300) Secondary school. “Secondary school” means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under state law, except that it does not include any education beyond grade 12.
281—41.37(34CFR300) Services plan. “Services plan” has the meaning given the term in 34 CFR 300.37.
281—41.38(34CFR300) Secretary. “Secretary” means the Secretary of the United States Department of Education.
281—41.39(256B,34CFR300) Special education.
41.39(1) General. “Special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including:
a. Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
b. Instruction in physical education.
41.39(2) Specific services included in special education. Special education includes each of the following, if the services otherwise meet the requirements of subrule 41.39(1):
a. Any service listed in this chapter, including support services, related services, and supplemental aids and services, that is specially designed instruction under subrule 41.39(1) or state standards or is required to assist an eligible individual in taking advantage of, or responding to, educational programs and opportunities;
b. Travel training; and
c. Vocational education.
41.39(3) Individual special education terms defined. The terms in this definition are defined as follows:
a. “At no cost” means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program. An AEA or LEA may ask, but not require, parents of children with disabilities to use public insurance or benefits or private insurance proceeds to pay for services if they would not incur a financial cost, as described in rule 41.154(256B,34CFR300).
b. “Physical education” means the development of physical and motor fitness; fundamental motor skills and patterns; and skills in aquatics, dance, and individual and group games and sports, including intramural and lifetime sports; and includes special physical education, adapted physical education, movement education, and motor development.
c. “Specially designed instruction” means adapting, as appropriate to the needs of an eligible child under this chapter, the content, methodology, or delivery of instruction:
(1) To address the unique needs of the child that result from the child’s disability; and
(2) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.
d. “Travel training” means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to:
(1) Develop an awareness of the environment in which they live; and
(2) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).
e. “Vocational education” means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.
281—41.40(34CFR300) State. “State” means each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
281—41.41(256B,34CFR300) State educational agency. “State educational agency” or “SEA” means the state board of education or other agency or officer primarily responsible for the state supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the governor or by state law.
281—41.42(256B,34CFR300) Supplementary aids and services. “Supplementary aids and services” means aids, services, and other supports that are provided in regular education classes, other education–related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with rules 41.114(256B,34CFR300) to 41.116(256B,34CFR300).
281—41.43(256B,34CFR300) Transition services.
41.43(1) General. “Transition services” means a coordinated set of activities for a child with a disability and meets the following description:
a. Is designed to be within a results–oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to postschool activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
b. Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes the following:
(1) Instruction;
(2) Related services;
(3) Community experiences;
(4) The development of employment and other post–school adult living objectives; and
(5) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
41.43(2) May be special education or a related service. Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service if required to assist a child with a disability to benefit from special education.
281—41.44(34CFR300) Universal design. “Universal design” has the meaning given the term in Section 3 of the Assistive Technology Act of 1998 as amended through August 14, 2006, 29 U.S.C. 3002.
281—41.45(256B,34CFR300) Ward of the state.
41.45(1) General. Subject to subrules 41.45(2) and 41.45(3), “ward of the state” means a child who, as determined by the state where the child resides, is:
a. A foster child;
b. In the custody of a public child welfare agency; or
c. A ward of the state.
41.45(2) Exception. “Ward of the state” does not include a foster child who has a foster parent who meets the definition of a parent in rule 41.30(256B,34CFR300).
41.45(3) Interpretive note. “Ward of the state” is a term rarely used in Iowa law. It would be an extremely rare occurrence for a child to be a ward of the state while not being either a foster child or in the custody of a public child welfare agency.
281—41.50(256B,34CFR300) Other definitions associated with identification of eligible individuals. The following terms may be encountered in the identification of children with disabilities.
41.50(1) Autism. “Autism” means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before the age of three, which adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Autism does not apply if a child’s educational performance is adversely affected primarily because the child has a behavior disorder, as defined in subrule 41.50(2). A child who manifests the characteristics of autism after the age of three could be identified as having autism if the criteria in the first sentence of this subrule are satisfied. This term includes all conditions described by the term “autism spectrum disorder,” which adversely affects a child’s educational performance.
41.50(2) Behavior disorder. “Behavior disorder” (or emotional disturbance) means any condition that exhibits one or more of the following five characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance.
a. An inability to learn that cannot be explained by intellectual, sensory, or health factors.
b. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
c. Inappropriate types of behavior or feelings under normal circumstances.
d. A general pervasive mood of unhappiness or depression.
e. A tendency to develop physical symptoms or fears associated with personal or school problems.
41.50(3) Deaf–blindness. “Deaf–blindness” means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
41.50(4) Deafness. “Deafness” means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, and that adversely affects a child’s educational performance.
41.50(5) Hearing impairment. “Hearing impairment” means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in 41.50(4).
41.50(6) Mental disability. “Mental disability” means significantly subaverage general intellectual functioning, that exists concurrently with deficits in adaptive behavior and is manifested during the developmental period, and which adversely affects a child’s educational performance.
41.50(7) Multiple disabilities. “Multiple disabilities” means concomitant impairments, such as mental disability–blindness or mental disability–orthopedic impairment, the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf–blindness.
41.50(8) Orthopedic impairment. “Orthopedic impairment” means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly; impairments caused by disease, e.g., poliomyelitis or bone tuberculosis; and impairments from other causes, e.g., cerebral palsy, amputations, and fractures or burns that cause contractures.
41.50(9) Other health impairment. “Other health impairment” means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that:
a. Is due to a chronic or acute health problem such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and
b. Adversely affects a child’s educational performance.
41.50(10) Specific learning disability. “Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage.
41.50(11) Speech or language impairment. “Speech or language impairment” means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.
41.50(12) Traumatic brain injury. “Traumatic brain injury” means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.
41.50(13) Visual impairment. “Visual impairment,” including blindness, means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness. Individuals who have a medically diagnosed expectation of visual deterioration in adolescence or early adulthood may qualify for instruction in Braille reading and writing.
281—41.51(256B,34CFR300) Other definitions applicable to this chapter. The following additional definitions apply to this chapter.
41.51(1) Appropriate activities. “Appropriate activities” means those activities that are consistent with age–relevant abilities or milestones that typically developing children of the same age would be performing or would have achieved.
41.51(2) Board. “Board” means the Iowa state board of education.
41.51(3) Department. “Department” means the state department of education.
41.51(4) Director. “Director” means the director of special education of the AEA.
41.51(5) Director of education. “Director of education” means the state director of the department of education.
41.51(6) Early childhood special education. “Early childhood special education” or “ECSE” means special education and related services for those individuals below the age of six.
41.51(7) General curriculum. “General curriculum” means the curriculum adopted by an LEA or schools within the LEA for all children from preschool through secondary school.
41.51(8) General education environment. “General education environment” includes, but is not limited to, the classes, classrooms, services, and nonacademic and extracurricular services and activities made available by an agency to all students. For preschool children who require special education, the general education environment is the environment where appropriate activities occur for children of similar age without disabilities.
41.51(9) General education interventions. “General education interventions” means attempts to resolve presenting problems or behaviors of concern in the general education environment prior to conducting a full and individual evaluation as described in rule 41.312(256B,34CFR300).
41.51(10) Head injury. “Head injury” means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects an individual’s educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative or brain injuries induced by birth trauma.
41.51(11) Multicategorical. “Multicategorical” means special education in which the individuals receiving special education have different types of disabilities.
41.51(12) School district of the child’s residence. “School district of the child’s residence” or “district of residence of the child” is that school district in which the parent of the individual resides, subject to the following:
a. If an eligible individual is physically present (“lives”) in a district other than the district of residence of the individual’s parent for a primary purpose other than school attendance, then the district of residence of the individual is the district in which the individual resides, and that district becomes responsible for providing and funding the special education and related services.
b. If an eligible individual is physically present (“lives”) in a district other than the district of residence of the individual’s parent solely for the purpose of school attendance, the district of residence remains that of the parent; therefore, the parent must pay tuition to the receiving district. The district of residence cannot be held responsible for tuition payment.
c. “Children living in a foster care facility” are individuals requiring special education who are living in a licensed child foster care facility as defined in Iowa Code section 237.1 or in a facility providing residential treatment as defined in Iowa Code section 125.2. District of residence of an individual living in a foster care facility and financial responsibility for special education and related services are determined pursuant to subrule 41.907(5).
d. “Children placed by the district court” are pupils requiring special education for whom parental rights have been terminated and who have been placed in a facility or home by a district court. Financial responsibility for special education and related services of individuals placed by the district court is determined pursuant to subrule 41.907(6).
41.51(13) Severely disabled. “Severely disabled” is an adjective applied to individuals with any severe disability including individuals who are profoundly, multiply disabled.
41.51(14) Signature. “Signature” has the meaning given the term in Iowa Code section 4.1(39).
41.51(15) Systematic progress monitoring. “Systematic progress monitoring” means a systematic procedure for collecting and displaying an individual’s performance over time for the purpose of making educational decisions.
DIVISION III
RULES APPLICABLE TO THE STATE AND TO ALL AGENCIES
281—41.100(256B,34CFR300) Eligibility for assistance. To be eligible for assistance under Part B of the Act for a fiscal year, the state shall submit a plan that provides assurances to the Secretary that the state has in effect policies and procedures to ensure that the state meets the conditions in rules 41.101(256B,34CFR300) to 41.176(256B).
281—41.101(256B,34CFR300) Free appropriate public education (FAPE).
41.101(1) General. A free appropriate public education must be available to all children residing in the state for the time period permitted by Iowa Code chapter 256B, including children with disabilities who have been suspended or expelled from school, as provided for in subrule 41.530(4).
41.101(2) FAPE for children beginning at the age of three. The state shall ensure that:
a. The obligation to make FAPE available to each eligible child residing in the state begins no later than the child’s third birthday; and
b. An IEP is in effect for the child by that date.
c. If a child’s third birthday occurs during the summer, the child’s IEP team shall determine the date when services under the IEP will begin.
41.101(3) Children advancing from grade to grade. FAPE shall be available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade and is advancing from grade to grade. The determination that a child described in the first sentence of this subrule is eligible under this chapter must be made on an individual basis by the group responsible within the child’s LEA for making eligibility determinations.
281—41.102(256B,34CFR300) Limitation—exceptions to FAPE for certain ages.
41.102(1) Exceptions. The obligation to make FAPE available to all children with disabilities does not apply with respect to the following:
a. Children over the age provided in Iowa Code chapter 256B, unless otherwise provided in this rule.
b. Certain children incarcerated in adult prisons.
(1) General. A child aged 18 to 21 who, in the last educational placement prior to incarceration in an adult correctional facility:
1. Was not actually identified as being a child with a disability under this chapter; and
2. Did not have an IEP under Part B of the Act.
(2) Inapplicability of exception. The exception in 41.102(1)“b”(1) does not apply to a child with disabilities, aged 18 to 21, who:
1. Had been identified as a child with a disability under this chapter and had received services in accordance with an IEP, but who left school prior to incarceration; or
2. Did not have an IEP in the child’s last educational setting, but who had actually been identified as a child with a disability under this chapter.
c. Graduates with a regular high school diploma.
(1) General. Children with disabilities who have graduated from high school with a regular high school diploma.
(2) Inapplicability of exception. The exception in 41.102(1)“c”(1) does not apply to children who have graduated from high school, but have not been awarded a regular high school diploma.
(3) Graduation is a change in placement. Graduation from high school with a regular high school diploma constitutes a change in placement requiring written prior notice in accordance with rule 41.503(256B,34CFR300).
(4) Rule of construction. As used in 41.102(1)“c”(1) to (3), the term “regular high school diploma” does not include an alternative degree that is not fully aligned with the state’s academic standards, such as a certificate or a general educational development credential (GED).
d. Reserved.
e. Eligibility beyond period specified in Iowa Code chapter 256B. An agency may continue the special education and related services of an eligible individual beyond the time period specified in the Iowa Code if the person had an accident or prolonged illness that resulted in delays in the initiation of or in the interruption of that individual’s special education program. The AEA director of special education must request approval from the department, which may be granted for up to the individual’s twenty–fourth birthday.
41.102(2) Documents relating to exceptions. The state must ensure that the information it has provided to the Secretary regarding the exceptions in subrule 41.102(1) is current and accurate.
281—41.103(256B,34CFR300) FAPE—methods and payments.
41.103(1) All means available to meet Part B requirements. The state may use whatever state, local, federal, and private sources of support are available in the state to meet the requirements of Part B of the Act.
41.103(2) Third–party obligations not eliminated. Nothing in this chapter relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability.
41.103(3) No delay in implementing an IEP. Consistent with rule 41.323(256B,34CFR300), there shall be no delay in implementing an eligible individual’s IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.
281—41.104(256B,34CFR300) Residential placement. If placement in a public or private residential program is necessary to provide special education and related services to an eligible individual, the program, including nonmedical care and room and board, must be at no cost to the parents of the child.
281—41.105(256B,34CFR300) Assistive technology.
41.105(1) General. Each public agency must ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in rules 41.5(256B,34CFR300) and 41.6(256B,34CFR300), respectively, are made available to a child with a disability if required as a part of the child’s:
a. Special education under rule 41.39(256B,34CFR300);
b. Related services under rule 41.34(256B,34CFR300); or
c. Supplementary aids and services under rule 41.42(256B,34CFR300) and 41.114(2)“b.”
41.105(2) Use of assistive technology devices at home or in other settings. On a case–by–case basis, the use of school–purchased assistive technology devices in a child’s home or in other settings is required if the child’s IEP team determines that the child needs access to those devices in order to receive FAPE.
281—41.106(256B,34CFR300) Extended school year services.
41.106(1) General. Each public agency must ensure that extended school year services are available as necessary to provide FAPE.
a. Extended school year services must be provided only if a child’s IEP team determines, on an individual basis, in accordance with rules 41.320(256B,34CFR300) to 41.324(256B,34CFR300), that the services are necessary for the provision of FAPE to the child.
b. In implementing the requirements of this rule, a public agency may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services.
41.106(2) Definition. As used in this rule, the term “extended school year services” means special education and related services that meet the standards of the SEA and are provided to a child with a disability beyond the normal school year of the public agency, in accordance with the child’s IEP and at no cost to the parents of the child.
281—41.107(256B,34CFR300) Nonacademic services.
41.107(1) General. Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.
41.107(2) Definition. Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.
281—41.108(256B,34CFR300) Physical education. All public agencies in the state shall comply with the following:
41.108(1) General. Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE, unless the public agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.
41.108(2) Regular physical education. Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless the child is enrolled full–time in a separate facility or the child needs specially designed physical education, as prescribed in the child’s IEP.
41.108(3) Special physical education. If specially designed physical education is prescribed in a child’s IEP, the public agency responsible for the education of that child must provide the services directly or make arrangements for those services to be provided through other public or private programs.
41.108(4) Education in separate facilities. The public agency responsible for the education of a child with a disability who is enrolled in a separate facility must ensure that the child receives appropriate physical education services in compliance with this rule.
281—41.109(256B,34CFR300) Full educational opportunity goal (FEOG). Each public agency shall ensure the provision of full educational opportunity to children requiring special education. Each public agency shall have in effect policies and procedures to demonstrate that the agency has established a goal of providing full educational opportunity to all children with disabilities, aged birth to 21, and a detailed timetable for accomplishing that goal.
281—41.110(256B,34CFR300) Program options. Each public agency shall take steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the agency, including art, music, industrial arts, consumer and homemaking education, and vocational education.
281—41.111(256B,34CFR300) Child find.
41.111(1) General. All children with disabilities residing in the state, including children with disabilities who are homeless children or are wards of the state and children with disabilities who attend private schools, regardless of the severity of their disability, and who are in need of special education and related services, must be identified, located, and evaluated; and a practical method must be developed and implemented to determine which children are currently receiving needed special education and related services.
41.111(2) Reserved.
41.111(3) Other children in child find. Child find also must include the following:
a. A child who is suspected of being a child with a disability and in need of special education, even though the child is advancing from grade to grade; and
b. Highly mobile children, including migrant children.
41.111(4) Classification based on disability not required. Nothing in the Act requires that children be classified by their disability so long as each child who has a disability that is listed in 34 CFR Section 300.8 and who, by reason of that disability, needs special education and related services is regarded as a child with a disability under Part B of the Act.
281—41.112(256B,34CFR300) Individualized education programs (IEPs). An IEP, or an IFSP that meets the requirements of Section 636(d) of the Act (for eligible individuals aged birth to three), is developed, reviewed, and revised for each child with a disability in accordance with rules 41.320(256B,34CFR300) to 41.324(256B,34CFR300), except as provided in 41.300(2)“d”(2).
281—41.113(256B,34CFR300) Routine checking of hearing aids and external components of surgically implanted medical devices.
41.113(1) Hearing aids. Each public agency must ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly.
41.113(2) External components of surgically implanted medical devices.
a. Subject to 41.113(2)“b,” each public agency must ensure that the external components of surgically implanted medical devices are functioning properly.
b. For a child with a surgically implanted medical device who is receiving special education and related services under this chapter, a public agency is not responsible for the postsurgical maintenance, programming, or replacement of the medical device that has been surgically implanted or of an external component of the surgically implanted medical device.
281—41.114(256B,34CFR300) Least restrictive environment (LRE).
41.114(1) General. Except as provided in 41.324(4)“a” regarding children with disabilities in adult prisons, each public agency in the state shall have policies and procedures in place to meet the LRE requirements of this rule and rules 41.115(256B,34CFR300) to 41.120(256B,34CFR300).
41.114(2) Public agency assurances. Each public agency must ensure and maintain adequate documentation that:
a. To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
b. Special classes, separate schooling, or other removal of children with disabilities from the general education environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
41.114(3) State funding mechanism. A state funding mechanism must not result in placements that violate the requirements of this rule; and the state must not use a funding mechanism by which funds are distributed on the basis of the type of setting in which a child is served or which will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child’s IEP.
281—41.115(256B,34CFR300) Continuum of alternative services and placements.
41.115(1) General. Each public agency must ensure that a continuum of alternative services and placements is available to meet the needs of children with disabilities for special education and related services.
41.115(2) Requirements. The continuum required in subrule 41.115(1) must meet the following requirements:
a. Include the alternative placements listed in the definition of special education under rule 41.39(256B,34CFR300) (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and
b. Make provision for supplementary services, such as resource room or itinerant instruction, to be provided in conjunction with regular class placement.
281—41.116(256B,34CFR300) Placements.
41.116(1) General. In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure the following:
a. The placement decision shall be made:
(1) By a group of persons, including the parents and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
(2) In conformity with the LRE provisions of this chapter, including rules 41.114(256B,34CFR300) to 41.118(256B,34CFR300);
b. The child’s placement shall be:
(1) Determined at least annually;
(2) Based on the child’s IEP; and
(3) Located as close as possible to the child’s home;
c. Unless the IEP of a child with a disability requires some other arrangement, the child shall be educated in the school that he or she would attend if nondisabled;
d. In selecting the LRE, the agency shall consider any potential harmful effect on the child or on the quality of services that he or she needs; and
e. A child with a disability shall not be removed from education in age–appropriate regular classrooms solely because of needed modifications in the general education curriculum.
41.116(2) Special rule: Iowa Code section 282.9. For eligible individuals subject to Iowa Code section 282.9, any decision of educational setting for such eligible individuals shall be made in accordance with this rule.
41.116(3) Special rule: disciplinary placements. If a child is placed in an interim alternative educational setting pursuant to rules 41.530(256B,34CFR300) and 41.531(256B,34CFR300), that setting shall be determined by the IEP team.
41.116(4) Special considerations. The team establishing the eligible individual’s placement must answer the following questions.
a. Questions concerning least restrictive environment. When developing an eligible individual’s IEP and placement, the team shall consider the following questions, as well as any other factor appropriate under the circumstances, regarding the provision of special education and related services:
(1) What accommodations, modifications and adaptations does the individual require to be successful in a general education environment?
(2) Why is it not possible for these accommodations, modifications and adaptations to be provided within the general education environment?
(3) What supports are needed to assist the teacher and other personnel in providing these accommodations, modifications and adaptations?
(4) How will receipt of special education services and activities in the general education environment impact this individual?
(5) How will provision of special education services and activities in the general education environment impact other students?
b. Additional questions concerning special school placement. When some or all of an eligible individual’s special education is to be provided in a special school, the individual’s IEP, or an associated or attached document, shall include specific answers to the following additional four questions:
(1) What are the reasons the eligible individual cannot be provided an education program in an integrated school setting?
(2) What supplementary aids and supports are needed to support the eligible individual in the special education program?
(3) Why is it not possible for these aids and supports to be provided in an integrated setting?
(4) What is the continuum of placements and services available for the eligible individual?
41.116(5) Out–of–state placements. When special education and related services appropriate to an eligible individual’s needs are not available within the state, or when appropriate special education and related services in an adjoining state are nearer than the appropriate special education and related services in Iowa, the director may certify an eligible individual for appropriate special education and related services outside the state in accordance with Iowa Code section 273.3 when it has been determined by the department that the special education and related services meet standards set forth in these rules.
41.116(6) Department approval for out–of–state placement. Contracts may be negotiated with out–of–state agencies, in accordance with Iowa Code section 273.3(5), with department approval. The department uses the following procedures to determine if an out–of–state agency meets the rules of the board:
a. When requested to determine an agency’s approval status, the department contacts the appropriate state education agency to determine if that state’s rules are comparable to those of the board and whether the specified out–of–state agency meets those rules.
b. If the appropriate state education agency’s rules are not comparable, the department will contact the out–of–state agency to ascertain if its special education complies with the rules of the board.
41.116(7) Trial placements. Prior to transfer from a special education program or service, an eligible individual may be provided a trial placement in the general education setting of not more than 45 school days. A trial placement shall be incorporated into this individual’s IEP.
281—41.117(256B,34CFR300) Nonacademic settings. In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in rule 41.107(256B,34CFR300), each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP team to be appropriate and necessary for the child to participate in nonacademic settings.
281—41.118(256B,34CFR300) Children in public or private institutions. Except as provided in rule 41.149(256B,34CFR300) regarding agency responsibility for general supervision for some individuals in adult prisons, the department must ensure that rule 41.114(256B,34CFR300) is effectively implemented, including, if necessary, making arrangements with public and private institutions such as a memorandum of agreement or special implementation procedures.
281—41.119(256B,34CFR300) Technical assistance and training activities. The state shall carry out activities to ensure that teachers and administrators in all public agencies are fully informed about their responsibilities for implementing rule 41.114(256B,34CFR300) and are provided with technical assistance and training necessary to assist them in this effort. If a public agency is having difficulty in locating an appropriate placement for an eligible individual, the public agency may contact the department for potential assistance.
281—41.120(256B,34CFR300) Monitoring activities. The state shall carry out activities to ensure that rule 41.114(256B,34CFR300) is implemented by each public agency. If there is evidence that a public agency makes placements that are inconsistent with rule 41.114(256B,34CFR300), the department must review the public agency’s justification for its actions and assist in planning and implementing any necessary corrective action. Failure of the public agency to implement any necessary corrective action may result in adverse determinations under rule 41.603(256B,34CFR300) or any other available enforcement action.
281—41.121(256B,34CFR300) Procedural safeguards. Each public agency in the state shall meet the requirements of rules 41.500(256B,34CFR300) to 41.536(256B,34CFR300), and children with disabilities and their parents must be afforded the procedural safeguards identified in those rules.
281—41.122(256B,34CFR300) Evaluation. Children with disabilities must be evaluated in accordance with rules 41.300(256B,34CFR300) to 41.313(256B,34CFR300), and each AEA shall develop and use procedures to implement those rules.
281—41.123(256B,34CFR300) Confidentiality of personally identifiable information. All public agencies in the state shall comply with rules 41.610(256B,34CFR300) to 41.626(256B,34CFR300) related to protecting the confidentiality of any personally identifiable information collected, used, or maintained under Part B of the Act.
281—41.124(256B,34CFR300) Transition of children from the Part C program to preschool programs. Each public agency shall comply with the state’s policies concerning the transition of infants and toddlers from programs under Part C to programs under Part B of the Act and shall ensure the following regarding such transition:
41.124(1) Smooth transition. Children participating in early intervention programs assisted under Part C of the Act, and who will participate in preschool programs assisted under Part B of the Act, experience a smooth and effective transition to those preschool programs in a manner consistent with Section 637(a)(9) of the Act;
41.124(2) IEP developed. By the third birthday of a child described in subrule 41.124(1), an IEP has been developed and is being implemented for the child consistent with subrule 41.101(2); and
41.124(3) Participating agencies. Each affected LEA will participate in transition planning conferences arranged by the designated lead agency under Section 635(a)(10) of the Act.
281—41.125 to 41.128 Reserved.
281—41.129(256B,34CFR300) Responsibility regarding children in private schools. Each public agency shall meet the private school requirements in rules 41.130(256,256B,34CFR300) to 41.148(256B,34CFR300).
281—41.130(256,256B,34CFR300) Definition of parentally placed private school children with disabilities. “Parentally placed private school children with disabilities” means children with disabilities enrolled by their parents in accredited nonpublic, including religious, schools or facilities that meet the definition of elementary school in rule 41.13(256B,34CFR300) or secondary school in rule 41.36(256B,34CFR300), other than children with disabilities covered under rules 41.145(256B,34CFR300) to 41.147(256B,34CFR300).
281—41.131(256,256B,34CFR300) Child find for parentally placed private school children with disabilities.
41.131(1) General. Each AEA must locate, identify, and evaluate all children with disabilities who are enrolled by their parents in accredited nonpublic, including religious, elementary schools and secondary schools located in the school district served by the AEA, in accordance with subrules 41.131(2) to 41.131(5), and rules 41.111(256B,34CFR300) and 41.201(256B,34CFR300).
41.131(2) Child find design. The child find process must be designed to ensure:
a. The equitable participation of parentally placed private school children; and
b. An accurate count of those children.
41.131(3) Activities. In carrying out the requirements of this rule, the AEA or, if applicable, the SEA must undertake activities similar to the activities undertaken for the agency’s public school children.
41.131(4) Cost. The cost of carrying out the child find requirements in this rule, including individual evaluations, may not be considered in determining if an AEA has met its obligation under rule 41.133(256,256B,34CFR300).
41.131(5) Completion period. The child find process must be completed in a time period comparable to that for students attending public schools in the AEA consistent with rule 41.301(256B,34CFR300).
41.131(6) Out–of–state children. Each AEA in which accredited nonpublic, including religious, elementary schools and secondary schools are located must, in carrying out the child find requirements in this rule, include parentally placed private school children who reside in a state other than the state in which the accredited nonpublic schools that they attend are located.
281—41.132(256,256B,34CFR300) Provision of services for parentally placed private school children with disabilities: basic requirement.
41.132(1) General. To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in accredited nonpublic, including religious, elementary schools and secondary schools located in the area served by the AEA, provision is made for the participation of those children in the program assisted or carried out under Part B of the Act by providing them with special education and related services, including direct services determined in accordance with rule 41.137(256,256B,34CFR300), unless the Secretary has arranged for services to those children under the bypass provisions in 34 CFR Sections 300.190 to 300.198.
41.132(2) IEP for parentally placed private school children with disabilities. In accordance with subrule 41.132(1) and rules 41.137(256,256B,34CFR300) to 41.139(256,256B,34CFR300), as well as Iowa Code section 256.12, an IEP must be developed and implemented for each private school child with a disability who has been designated by the AEA in which the private school is located to receive special education and related services under this chapter.
41.132(3) Record keeping. Each AEA must maintain in its records, and provide to the state, the following information related to parentally placed private school children covered under rules 41.130(256,256B,34CFR300) to 41.144(256,256B,34CFR300):
a. The number of children evaluated;
b. The number of children determined to be children with disabilities; and
c. The number of children served.
281—41.133(256,256B,34CFR300) Expenditures.
41.133(1) Formula. To meet the requirement of subrule 41.132(1), each AEA must spend the following on providing special education and related services, including direct services, to parentally placed private school children with disabilities:
a. For children aged 3 to 21, an amount that is the same proportion of the AEA’s total subgrant under Section 611(f) of the Act as the number of private school children with disabilities aged 3 to 21 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the AEA, is to the total number of children with disabilities in its jurisdiction aged 3 to 21.
b. Additional calculation for children aged 3 through 5.
(1) For children aged 3 through 5, an amount that is the same proportion of the AEA’s total subgrant under Section 619(g) of the Act as the number of parentally placed private school children with disabilities aged 3 through 5 who are enrolled by their parents in a private, including religious, elementary school located in the school district served by the AEA, is to the total number of children with disabilities in its jurisdiction aged 3 through 5.
(2) As described in 41.133(1)“b”(1), children aged 3 through 5 are considered to be parentally placed private school children with disabilities enrolled by their parents in private, including religious, elementary schools, if and only if they are enrolled in a private school that meets the definition of elementary school in rule 41.13(256B,34CFR300).
c. If an AEA has not expended for equitable services all of the funds described in 41.133(1)“a” and “b” by the end of the fiscal year for which Congress appropriated the funds, the AEA must obligate the remaining funds for special education and related services, including direct services, to parentally placed private school children with disabilities during a carry–over period of one additional year.
41.133(2) Calculating proportionate amount. The state shall calculate each AEA’s proportionate share from data provided by each AEA after each AEA has completed the consultation described in rule 41.134(256,256B,34CFR300) and the child count described in rule 41.131(256,256B,34CFR300) and subrule 41.133(3).
41.133(3) Annual count of the number of parentally placed private school children with disabilities.
a. Each AEA must:
(1) After timely and meaningful consultation with representatives of parentally placed private school children with disabilities, consistent with rule 41.134(256,256B,34CFR300), determine the number of parentally placed private school children with disabilities attending private schools located in the AEA; and
(2) Ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.
b. The count must be used to determine the amount that the AEA must spend on providing special education and related services to parentally placed private school children with disabilities in the next subsequent fiscal year.
41.133(4) Supplement, not supplant. State and local funds may supplement, and in no case supplant, the proportionate amount of federal funds required to be expended for parentally placed private school children with disabilities under this chapter.
281—41.134(256,256B,34CFR300) Consultation. To ensure timely and meaningful consultation, an AEA or, if appropriate, an SEA must consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children regarding the following:
41.134(1) Child find. The child find process shall determine:
a. How parentally placed private school children suspected of having a disability can participate equitably; and
b. How parents, teachers, and private school officials will be informed of the process.
41.134(2) Proportionate share of funds. An explanation that the proportionate share shall be calculated by the state based on data submitted by the AEA, consistent with rule 41.133(256,256B,34CFR300).
41.134(3) Consultation process. The consultation process among the AEA, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how the process will operate throughout the school year to ensure that parentally placed children with disabilities identified through the child find process can meaningfully participate in special education and related services.
41.134(4) Provision of special education and related services. How, where, and by whom special education and related services funded by Part B of the Act under rules 41.130(256,256B,34CFR300) to 41.147(256B,34CFR300) will be provided for parentally placed private school children with disabilities, including a discussion of the following:
a. The types of services, including direct services and alternate service delivery mechanisms;
b. How special education and related services will be apportioned if funds are insufficient to serve all parentally placed private school children;
c. How and when decisions regarding 41.134(4)“a” and “b” will be made;
d. That the consultation process concerns only funds under Part B of the Act, and does not concern special education and related services provided under Iowa Code section 256.12. The consultation process may, but is not required to, include discussions of special education and related services provided under Iowa Code section 256.12.
41.134(5) Written explanation by AEA regarding services. How, if the AEA disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the AEA will provide to the private school officials a written explanation of the reasons why the AEA chose not to provide services directly or through a contract.
281—41.135(256,256B,34CFR300) Written affirmation. When timely and meaningful consultation, as required by rule 41.134(256,256B,34CFR300), has occurred, the AEA must obtain a written affirmation signed by the representatives of participating private schools. If the representatives do not provide the affirmation within a reasonable period of time, the AEA must forward the documentation of the consultation process to the department.
281—41.136(256,256B,34CFR300) Compliance.
41.136(1) General. A private school official has the right to submit a complaint to the department that the AEA:
a. Did not engage in consultation that was meaningful and timely; or
b. Did not give due consideration to the views of the private school official.
41.136(2) Procedure.
a. If the private school official wishes to submit a complaint, the official must provide to the department the basis of the noncompliance by the AEA with the applicable private school provisions in this chapter; and
b. The AEA must forward the appropriate documentation to the department.
c. If the private school official is dissatisfied with the decision of the department, the official may submit a complaint to the Secretary by providing the information on noncompliance described in 41.136(2)“a.” The department must forward the appropriate documentation to the Secretary.
281—41.137(256,256B,34CFR300) Equitable services determined.
41.137(1) Nature and scope of individual right to special education and related services. Each parentally placed private school child with a disability has a right to receive any special education or related services permitted by Iowa Code section 256.12. Funding for and accounting for such services shall be determined by the provisions of Part B of the Act, this chapter, and Iowa Code section 256.12.
41.137(2) Decisions. Decisions about the services that will be provided to parentally placed private school children with disabilities funded by Part B of the Act under rules 41.130(256,256B,34CFR300) to 41.144(256,256B,34CFR300) must be made in accordance with subrules 41.134(3) and 41.137(3). The AEA must make the final decisions with respect to the services to be provided to eligible parentally placed private school children with disabilities and funded by Part B of the Act.
41.137(3) IEP for parentally placed private school children with disabilities. The AEA or LEA must offer to develop an IEP for each child with a disability who is enrolled in a religious or other private school by the child’s parents and develop an IEP if one is requested, pursuant to this chapter. An IEP is offered and prepared pursuant to Iowa Code section 256.12. There is no need to prepare a services plan (see rule 41.37(34CFR300)) for such a student. A parent of a child with a disability who is voluntarily enrolled in a private school may not reject an IEP and demand a services plan instead. At any IEP team meeting for a parentally placed private school student with a disability, the AEA or LEA must ensure that a representative of the private school attends each meeting. If the representative cannot attend, the AEA or LEA shall use other methods to ensure participation by the private school, including individual or conference telephone calls.
281—41.138(256,256B,34CFR300) Equitable services provided.
41.138(1) General. The services provided to parentally placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally placed private school children with disabilities do not have to meet the highly qualified special education teacher requirements of rule 41.18(256B,34CFR300). Parentally placed private school children with disabilities receive the special education and related services required by Iowa Code section 256.12, although the source of the funding for such education and services may be different than funding for education and services for children with disabilities in public schools.
41.138(2) Services provided in accordance with an IEP. Each parentally placed private school child with a disability who will receive special education and related services pursuant to the Act and Iowa Code section 256.12 must have an IEP developed in accordance with this chapter.
41.138(3) Provision of equitable services. The provision of services pursuant to this rule and rules 41.139(256,256B,34CFR300) to 41.143(256,256B,34CFR300) must be provided by employees of a public agency or through contract by the public agency with an individual, association, agency, organization, or other entity.
41.138(4) Secular, neutral and nonideological. Special education and related services, including materials and equipment, provided to parentally placed private school children with disabilities, including children attending religious schools, must be secular, neutral, and nonideological.
281—41.139(256,256B,34CFR300) Location of services and transportation.
41.139(1) Services on private school premises. Services to parentally placed private school children with disabilities may be provided on the premises of private, including religious, schools to the extent consistent with Iowa Code section 256.12.
41.139(2) Transportation.
a. General.
(1) If necessary for the child to benefit from or participate in the services provided under this chapter, a parentally placed private school child with a disability must be provided transportation from the child’s school or the child’s home to a site other than the private school and from the service site to the private school or to the child’s home, depending on the timing of the services.
(2) AEAs or LEAs are not required to provide transportation from the child’s home to the private school.
b. Cost of transportation. The cost of the transportation described in 41.139(2)“a”(1) may be included in calculating whether the AEA has met the requirement of rule 41.133(256,256B,34CFR300).
281—41.140(256,256B,34CFR300) Due process complaints and state complaints.
41.140(1) When due process complaints available. Pursuant to Iowa Code section 256.12, parents of children with disabilities who are voluntarily placed in accredited nonpublic schools may file a due process complaint as provided in rules 41.504(256B,34CFR300) to 41.519(256B,34CFR300), except as provided in subrule 41.140(2).
41.140(2) When due process complaints unavailable. The procedures in rules 41.504(256B,34CFR300) to 41.519(256B,34CFR300) may not be used to challenge the particular amount of services funded by Part B that a parentally placed private school child with disabilities receives, unless the allegation is made that the child was denied FAPE under Iowa Code section 256.12, but a parent of a child with a disability may file a due process complaint alleging the AEA failed to comply with the child find requirements of rule 41.131(256,256B,34CFR300). A private school official may not file a due process complaint under this chapter.
41.140(3) State complaints. Any complaint that an SEA or AEA has failed to meet the requirements in rules 41.132(256,256B,34CFR300) to 41.135(256,256B,34CFR300) and 41.137(256,256B,34CFR300) to 41.144(256,256B,34CFR300) must be filed in accordance with the procedures described in rules 41.151(256B,34CFR300) to 41.153(256B,34CFR300). A complaint filed by a private school official under subrule 41.136(1) must be filed with the SEA in accordance with the procedures in subrule 41.136(2).
281—41.141(256,256B,34CFR300) Requirement that funds not benefit a private school.
41.141(1) Funds may not benefit private school. An AEA may not use funds provided under Section 611 or 619 of the Act to finance the existing level of instruction in a private school or to otherwise benefit the private school.
41.141(2) Funds only for special education. The AEA must use funds provided under Part B of the Act to meet the special education and related services needs of parentally placed private school children with disabilities, but not for meeting either of the following needs:
a. The needs of a private school; or
b. The general needs of the students enrolled in the private school.
281—41.142(256,256B,34CFR300) Use of personnel.
41.142(1) Use of public school personnel. An AEA may use funds available under Sections 611 and 619 of the Act to make public school personnel available in other than public facilities based on the following two criteria:
a. If and to the extent necessary to provide services under rules 41.130(256,256B,34CFR300) to 41.144(256,256B,34CFR300) for parentally placed private school children with disabilities; and
b. If those services are not normally provided by the private school.
41.142(2) Use of private school personnel. An AEA may use funds available under Sections 611 and 619 of the Act to pay for the services of an employee of a private school to provide services under rules 41.130(256,256B,34CFR300) to 41.144(256,256B,34CFR300) if the following two conditions are met:
a. The employee performs the services outside of the employee’s regular hours of duty; and
b. The employee performs the services under public supervision and control.
281—41.143(256,256B,34CFR300) Separate classes prohibited. An AEA may not use funds available under Section 611 or 619 of the Act for classes that are organized separately on the basis of school enrollment or religion of the children if the classes are at the same site; and the classes include both children enrolled in public schools and children enrolled in private schools.
281—41.144(256,256B,34CFR300) Property, equipment, and supplies.
41.144(1) General. A public agency must control and administer the funds used to provide special education and related services under rules 41.137(256,256B,34CFR300) to 41.139(256,256B,34CFR300) and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in the Act.
41.144(2) Equipment and supplies on private school premises only while needed. The public agency may place equipment and supplies in a private school for the period of time needed for the Part B program.
41.144(3) Public agency to supervise placement and use of equipment and supplies. The public agency must ensure that the equipment and supplies placed in a private school are used only for Part B purposes and can be removed from the private school without remodeling the private school facility.
41.144(4) Duty to remove equipment and supplies. The public agency must remove equipment and supplies from a private school if the equipment and supplies are no longer needed for Part B purposes or removal is necessary to avoid unauthorized use of the equipment and supplies for other than Part B purposes.
41.144(5) No Part B funds for repair or construction. No funds under Part B of the Act may be used for repairs, minor remodeling, or construction of private school facilities.
281—41.145(256B,34CFR300) Applicability of rules 41.146(256B,34CFR300) to 41.147(256B,34CFR300). Rules 41.146(256B,34CFR300) and 41.147(256B,34CFR300) apply only to children with disabilities who are or have been placed in or referred to a private school or facility by a public agency as a means of providing special education and related services.
281—41.146(256B,34CFR300) Responsibility of department. The department must ensure the following for each child with a disability who is placed in or referred to a private school or facility by a public agency.
41.146(1) FAPE. The child is provided special education and related services in conformance with an IEP that meets the requirements of rules 41.320(256B,34CFR300) to 41.325(256B,34CFR300) and at no cost to the parents.
41.146(2) Meet state standards. The child is provided an education that meets the standards that apply to education provided by the SEA and LEAs, including the requirements of this chapter except for rule 41.18(256B,34CFR300) and subrule 41.156(3).
41.146(3) All rights. The child has all of the rights of a child with a disability who is served by a public agency.
281—41.147(256B,34CFR300) Implementation by department. In implementing rule 41.146(256B,34CFR300), the department must monitor compliance through procedures such as written reports, on–site visits, and parent questionnaires; disseminate copies of applicable standards to each private school and facility to which a public agency has referred or placed a child with a disability; and provide an opportunity for those private schools and facilities to participate in the development and revision of state standards that apply to them.
281—41.148(256B,34CFR300) Placement of children by parents when FAPE is at issue.
41.148(1) General. An LEA or AEA is not required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if that agency made FAPE available to the child and the parents elected to place the child in a private school or facility. However, the public agency must include that child in the population whose needs are addressed consistent with rules 41.131(256,256B,34CFR300) to 41.144(256,256B,34CFR300) and Iowa Code section 256.12.
41.148(2) Disagreements about FAPE. Disagreements between the parents and a public agency regarding the availability of a program appropriate for the child, and the question of financial reimbursement, are subject to the due process procedures in rules 41.504(256B,34CFR300) to 41.520(256B,34CFR300).
41.148(3) Reimbursement for private school placement. If the parents of a child with a disability who previously received special education and related services under the authority of a public agency enroll the child in a private preschool, elementary school, or secondary school without the consent of or referral by the public agency, a court or an administrative law judge may require the agency to reimburse the parents for the cost of that enrollment if the court or administrative law judge finds that the agency had not made FAPE available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by an administrative law judge or a court even if it does not meet the state standards that apply to education provided by the SEA and LEAs.
41.148(4) Limitation on reimbursement. The cost of reimbursement described in subrule 41.148(3) may be reduced or denied in any of the following cases.
a. At the most recent IEP team meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the public agency to provide FAPE to their child, including stating their concerns and their intent to enroll their child in a private school at public expense;
b. At least ten business days, including any holidays that occur on a business day, prior to the removal of the child from the public school, the parents did not give written notice to the public agency of the information described in 41.148(4)“a”;
c. If, prior to the parents’ removal of the child from the public school, the public agency informed the parents, through the notice requirements described in 41.503(1)“a,” of its intent to evaluate the child, including a statement of the purpose of the evaluation that was appropriate and reasonable, but the parents did not make the child available for the evaluation; or
d. Upon a judicial finding of unreasonableness with respect to actions taken by the parents.
41.148(5) Exceptions. Notwithstanding the notice requirement in 41.148(4)“a” and “b,” the cost of reimbursement:
a. Must not be reduced or denied for failure to provide the notice if:
(1) The school prevented the parents from providing the notice;
(2) The parents had not received notice, pursuant to rule 41.504(256B,34CFR300), of the notice requirement in 41.148(4)“a” and “b”; or
(3) Compliance with 41.148(4)“a” and “b” would likely result in physical harm to the child; and
b. May, in the discretion of the court or an administrative law judge, not be reduced or denied for failure to provide this notice if:
(1) The parents are not literate or cannot write in English; or
(2) Compliance with 41.148(4)“a” and “b” would likely result in serious emotional harm to the child.
281—41.149(256B,34CFR300) SEA responsibility for general supervision. The state shall exercise general supervision over the implementation of Part B of the Act and this chapter. Part B of the Act does not limit the responsibility of agencies other than educational agencies for providing or paying for some or all of the costs of FAPE to eligible individuals.
281—41.151(256B,34CFR300) Adoption of state complaint procedures.
41.151(1) General. The state maintains written procedures for the following:
a. Resolving any complaint, including a complaint filed by an organization or individual from another state, that meets the requirements of rule 41.153(256B,34CFR300) by providing for the filing of a complaint with the department.
b. Widely disseminating to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities, the state procedures under rules 41.151(256B,34CFR300) to 41.153(256B,34CFR300).
41.151(2) Remedies for denial of appropriate services. In resolving a complaint in which the state has found a failure to provide appropriate services, the state, pursuant to its general supervisory authority under Part B of the Act, shall address the following:
a. The failure to provide appropriate services, including corrective action appropriate to address the needs of the child, such as compensatory services or monetary reimbursement; and
b. Appropriate future provision of services for all children with disabilities.
281—41.152(256B,34CFR300) Minimum state complaint procedures.
41.152(1) Time limit; minimum procedures. The state shall include in its complaint procedures a time limit of 60 days after a complaint is filed under rule 41.153(256B,34CFR300) to do the following:
a. Carry out an independent on–site investigation, if the state determines that an investigation is necessary;
b. Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;
c. Provide the public agency with the opportunity to respond to the complaint, including, at a minimum:
(1) At the discretion of the public agency, a proposal to resolve the complaint; and
(2) An opportunity for a parent who has filed a complaint and the public agency to voluntarily engage in mediation consistent with rules 41.506(256B,34CFR300) and 41.1002(256B,34CFR300);
d. Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act or of this chapter; and
e. Issue a written decision to the complainant that addresses each allegation in the complaint and contains:
(1) Findings of fact and conclusions; and
(2) The reasons for the state’s final decision.
41.152(2) Time extension; final decision; implementation. The state’s procedures described in subrule 41.152(1) shall do the following:
a. Permit an extension of the time limit under subrule 41.152(1) only if:
(1) Exceptional circumstances exist with respect to a particular complaint; or
(2) The parent or individual or organization and the public agency involved agree to extend the time to engage in mediation pursuant to 41.152(1)“c”(2), or to engage in other alternative means of dispute resolution, if available in the state; and
b. Include procedures for effective implementation of the state’s final decision, if needed, including:
(1) Technical assistance activities;
(2) Negotiations; and
(3) Corrective actions to achieve compliance.
41.152(3) Complaints filed under this rule and due process hearings. If a written complaint is received that is also the subject of a due process hearing under rule 41.507(256B,34CFR300) or 41.530(256B,34CFR300) to 41.532(256B,34CFR300), or that contains multiple issues of which one or more are part of that hearing, the state must set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved using the time limit and procedures described in subrules 41.152(1) and 41.152(2). If an issue raised in a complaint filed under this rule has previously been decided in a due process hearing involving the same parties, the due process hearing decision is binding on that issue and the state must inform the complainant to that effect. A complaint alleging a public agency’s failure to implement a due process hearing decision must be resolved by the state.
281—41.153(256B,34CFR300) Filing a complaint.
41.153(1) Complainant. An organization or individual may file a signed written complaint under the procedures described in rules 41.151(256B,34CFR300) and 41.152(256B,34CFR300).
41.153(2) Contents of complaint. The complaint must include the following:
a. A statement that a public agency has violated a requirement of Part B of the Act or of this chapter;
b. The facts on which the statement is based;
c. The signature and contact information for the complainant; and
d. If alleging violations with respect to a specific child:
(1) The name and address of the residence of the child;
(2) The name of the school the child is attending;
(3) In the case of a homeless child or youth within the meaning of Section 725(2) of theMcKinney–Vento Homeless Assistance Act, 42 U.S.C. 11434a(2), available contact information for the child, and the name of the school the child is attending;
(4) A description of the nature of the problem of the child, including facts relating to the problem; and
(5) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
41.153(3) Time limit. The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with rule 41.151(256B,34CFR300).
41.153(4) Complainant must provide copy of complaint to AEA and LEA. The party filing the complaint must forward a copy of the complaint to the AEA and LEA or public agency serving the child at the same time the party files the complaint with the state.
41.153(5) Failure to comply with due process hearing decision, mediation agreement, resolution meeting agreement. A complainant may allege a public agency has failed to comply with a due process hearing decision, or a mediation agreement, or a resolution meeting agreement. If the complaint is substantiated, the state will grant appropriate relief.
281—41.154(256B,34CFR300) Methods of ensuring services.
41.154(1) Interagency agreements. An interagency agreement or other mechanism for interagency coordination shall be developed between each noneducational public agency described in subrule 41.154(2) and the SEA, in order to ensure that all services described in 41.154(2)“a” that are needed to ensure FAPE are provided, including the provision of these services during the pendency of any dispute under paragraph “c” of this subrule. The agreement or mechanism must include the following:
a. An identification of, or a method for defining, the financial responsibility of each agency for providing services described in 41.154(2)“a” to ensure FAPE to children with disabilities. The financial responsibility of each noneducational public agency described in subrule 41.154(2), including the state Medicaid agency and other public insurers of children with disabilities, must precede the financial responsibility of the LEA (or the state agency responsible for developing the child’s IEP).
b. The conditions, terms, and procedures under which an LEA must be reimbursed by other agencies.
c. Procedures for resolving interagency disputes, including procedures under which LEAs may initiate proceedings, under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.
d. Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services described in 41.154(2)“a.”
41.154(2) Obligation of noneducational public agencies.
a. General rule.
(1) If any public agency other than an educational agency is otherwise obligated under federal or state law, or assigned responsibility under state policy or pursuant to subrule 41.154(1), to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services described in rule 41.5(256B,34CFR300) relating to assistive technology devices, rule 41.6(256B,34CFR300) relating to assistive technology services, rule 41.34(256B,34CFR300) relating to related services, rule 41.42(256B,34CFR300) relating to supplementary aids and services, and rule 41.43(256B,34CFR300) relating to transition services) that are necessary for ensuring FAPE to children with disabilities within the state, the public agency must fulfill that obligation or responsibility, either directly or through contract or other arrangement pursuant to subrule 41.154(1) or an agreement pursuant to subrule 41.154(3).
(2) A noneducational public agency described in 41.154(2)“a”(1) may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.
b. Failure to comply with general rule. If a public agency other than an educational agency fails to provide or pay for the special education and related services described in 41.154(2)“a,” the LEA (or state agency responsible for developing the child’s IEP) must provide or pay for these services to the child in a timely manner. The LEA or state agency is authorized to claim reimbursement for the services from the noneducational public agency that failed to provide or pay for these services, and that agency must reimburse the LEA or state agency in accordance with the terms of the interagency agreement or other mechanism described in subrule 41.154(1).
41.154(3) Special rule. The requirements of subrule 41.154(1) may be met through the following:
a. State statute or regulation;
b. Signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or
c. Other appropriate written methods as determined by the chief executive officer of the state or designee of that officer and approved by the Secretary.
41.154(4) Children with disabilities who are covered by public benefits or insurance.
a. General. A public agency may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under this chapter, as permitted under the public benefits or insurance program, except as provided in 41.154(4)“b.”
b. Exceptions to ability to use public benefits or insurance. With regard to services required to provide FAPE to an eligible child under this chapter, the public agency:
(1) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under Part B of the Act;
(2) May not require parents to incur an out–of–pocket expense such as the payment of a deductible or copay amount incurred in filing a claim for services provided pursuant to this chapter but, pursuant to 41.154(6)“b,” may pay the cost that the parents otherwise would be required to pay;
(3) May not use a child’s benefits under a public benefits or insurance program if that use would do any of the following:
1. Decrease available lifetime coverage or any other insured benefit;
2. Result in the family’s paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;
3. Increase premiums or lead to the discontinuation of benefits or insurance; or
4. Risk loss of eligibility for home– and community–based waivers, based on aggregate health–related expenditures; and
(4) Must obtain parental consent, consistent with rule 41.9(256B,34CFR300), each time that access to public benefits or insurance is sought and notify parents that the parents’ refusal to allow access to their public benefits or insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.
41.154(5) Children with disabilities who are covered by private insurance.
a. General. With regard to services required to provide FAPE to an eligible child under this chapter, a public agency may access the parents’ private insurance proceeds only if the parents provide consent consistent with rule 41.9(256B,34CFR300).
b. Obtaining access to private insurance proceeds. Each time the public agency proposes to access the parents’ private insurance proceeds, the agency must:
(1) Obtain parental consent in accordance with 41.154(5)“a”; and
(2) Inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.
41.154(6) Use of Part B funds.
a. Agency unable to obtain consent. If a public agency is unable to obtain parental consent to use the parents’ private insurance, or public benefits or insurance when the parents would incur a cost for a specified service required under this chapter, to ensure FAPE, the public agency may use its Part B funds to pay for the service.
b. Use of Part B funds to avoid cost to parents. To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parents would incur a cost, the public agency may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parents’ benefits or insurance (e.g., the deductible or copay amounts).
41.154(7) Proceeds from public benefits or insurance or private insurance. Proceeds from public benefits or insurance or private insurance will not be treated as program income for purposes of 34 CFR 80.25. If a public agency spends reimbursements from federal funds (e.g., Medicaid) for services under this chapter, those funds will not be considered state or local funds for purposes of the maintenance of effort provisions in rules 41.163(256B,34CFR300) and 41.203(256B,34CFR300).
41.154(8) Rule of construction. Nothing in this chapter should be construed to alter the requirements imposed on a state Medicaid agency, or any other agency administering a public benefits or insurance program by federal statute, regulations or policy under Title XIX or Title XXI of the Social Security Act, 42 U.S.C. 1396 through 1396v and 42 U.S.C. 1397aa through 1397jj, or any other public benefits or insurance program.
281—41.155(256B,34CFR300) Hearings relating to AEA or LEA eligibility. The department shall not make any final determination that an AEA or LEA is not eligible for assistance under Part B of the Act without first giving the AEA or LEA reasonable notice and an opportunity for a hearing under 34 CFR 76.401(d).
281—41.156(256B,34CFR300) Personnel qualifications.
41.156(1) General. The SEA must establish and maintain qualifications to ensure that personnel necessary to carry out the purposes of Part B of the Act and of this chapter are appropriately and adequately prepared and trained, including ensuring that those personnel have the content knowledge and skills to serve children with disabilities.
41.156(2) Related services personnel and paraprofessionals. The qualifications under subrule 41.156(1) must include qualifications for related services personnel and paraprofessionals that:
a. Are consistent with any state–approved or state–recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services; and
b. Ensure that related services personnel who deliver services in their discipline or profession:
(1) Meet the requirements of 41.156(2)“a”; and
(2) Have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
(3) Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with state law, regulation, or written policy, in meeting the requirements of this chapter to be used to assist in the provision of special education and related services under this chapter to children with disabilities.
41.156(3) Qualifications for special education teachers. The qualifications described in subrule 41.156(1) must ensure that each person employed as a public school special education teacher in the state who teaches in an elementary school, middle school, or secondary school is highly qualified as a special education teacher by the deadline established in Section 1119(a)(2) of the ESEA.
41.156(4) Policy. In implementing this rule, the state must adopt a policy that includes a requirement that AEAs and LEAs in the state take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services under Part B of the Act and this chapter to children with disabilities.
41.156(5) Rule of construction. Notwithstanding any other individual right of action that a parent or student may maintain under this chapter, nothing in this chapter shall be construed to create a right of action on behalf of an individual student or a class of students for the failure of a particular SEA, AEA, or LEA employee to be highly qualified, or to prevent a parent from filing a complaint about staff qualifications with the SEA as provided for under this chapter.
281—41.157 to 41.161 Reserved.
281—41.162(256B,34CFR300) Supplementation of state, local, and other federal funds.
41.162(1) Expenditures. Funds paid to a state under this chapter must be expended in accordance with all the provisions of this chapter.
41.162(2) Prohibition against commingling.
a. Funds paid to a state under this chapter must not be commingled with state funds.
b. The requirement in 41.162(2)“a” is satisfied by the use of a separate accounting system that includes an audit trail of the expenditure of funds paid to a state under this chapter. Separate bank accounts are not required. (See 34 CFR 76.702, fiscal control and fund accounting procedures.)
41.162(3) State–level nonsupplanting.
a. Except as provided in rule 41.202(256B,34CFR300), funds paid to a state under Part B of the Act must be used to supplement the level of federal, state, and local funds, including funds that are not under the direct control of the SEA or LEAs, expended for special education and related services provided to children with disabilities under Part B of the Act, and in no case to supplant those federal, state, and local funds.
b. If the state provides clear and convincing evidence that all children with disabilities have available to them FAPE, the Secretary may waive, in whole or in part, the requirements of 41.162(3)“a” if the Secretary concurs with the evidence provided by the state under 34 CFR Section 300.164.
281—41.163(256B,34CFR300) Maintenance of state financial support. The state must not reduce the amount of state financial support for special education and related services for children with disabilities, or otherwise made available because of the excess costs of educating those children, below the amount of that support for the preceding fiscal year.
281—41.165(256B,34CFR300) Public participation.
41.165(1) General. Prior to the adoption of any policies and procedures needed to comply with Part B of the Act, including any amendments to those policies and procedures, the state must ensure that there are public hearings, adequate notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities and parents of children with disabilities.
41.165(2) State plan. Before submitting a state plan under this chapter, the state must comply with the public participation requirements in subrule 41.165(1) and those in 20 U.S.C. 1232d(b)(7).
281—41.166(256B,34CFR300) Rule of construction. In complying with rules 41.162(256B,34CFR300) and 41.163(256B,34CFR300), the state may not use funds paid to it under this chapter to satisfy state–mandated funding obligations to LEAs, including funding based on student attendance or enrollment, or inflation.
281—41.167(256B,34CFR300) State advisory panel. An advisory panel is established and maintained for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the state.
281—41.168(256B,34CFR300) Advisory panel membership.
41.168(1) General. The advisory panel must consist of members appointed by the director of education, be representative of the state population and be composed of individuals involved in or concerned with the education of children with disabilities, including:
a. Parents of children with disabilities aged birth to 26;
b. Individuals with disabilities;
c. Teachers;
d. Representatives of institutions of higher education that prepare special education and related services personnel;
e. State and local education officials, including officials who carry out activities under Subtitle B of Title VII of the McKinney–Vento Homeless Assistance Act, 42 U.S.C. 11431 et seq.;
f. Administrators of programs for children with disabilities;
g. Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities;
h. Representatives of private schools and public charter schools;
i. At least one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities;
j. A representative from the state child welfare agency responsible for foster care; and
k. Representatives from the state juvenile and adult corrections agencies.
41.168(2) Special rule. A majority of the members of the panel must be individuals with disabilities or parents of children with disabilities aged birth to 26.
281—41.169(256B,34CFR300) Advisory panel duties. The advisory panel must:
1. Advise the department of unmet needs within the state in the education of children with disabilities;
2. Comment publicly on any rules or regulations proposed by the state regarding the education of children with disabilities;
3. Advise the department in developing evaluations and reporting on data to the Secretary under Section 618 of the Act;
4. Advise the department in developing corrective action plans to address findings identified in federal monitoring reports under Part B of the Act;
5. Advise the department in developing and implementing policies relating to the coordination of services for children with disabilities; and
6. Advise the department on eligible individuals with disabilities in adult prisons.
281—41.170(256B,34CFR300) Suspension and expulsion rates.
41.170(1) General. The department must examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long–term suspensions and expulsions of children with disabilities:
a. Among LEAs in the state; or
b. Compared to the rates for nondisabled children within an LEA.
41.170(2) Review and revision of policies. If the discrepancies described in subrule 41.170(1) are occurring, the department must review and, if appropriate, revise (or require the affected state agency or LEA to revise) its policies, procedures, and practices relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards to ensure that these policies, procedures, and practices comply with the Act.
281—41.172(256B,34CFR300) Access to instructional materials.
41.172(1) General. The state:
a. Adopts the National Instructional Materials Accessiblity Standard (NIMAS) published in the Federal Register on July 19, 2006, (71 Fed. Reg. 41084) for the purposes of providing instructional materials to blind persons or other persons with print disabilities in a timely manner; and
b. Establishes the following definition of “timely manner” for purposes of this chapter: Providing instructional materials in accessible formats to children with disabilities in a “timely manner” means delivering those accessible instructional materials at the same time as other children receive instructional materials.
41.172(2) Public agencies. All public agencies must comply with rule 41.210(256B,34CFR300).
41.172(3) Assistive technology. In carrying out this rule, the department, to the maximum extent possible, must work collaboratively with the state agency responsible for assistive technology programs.
281—41.173(256B,34CFR300) Overidentification and disproportionality. Each public agency shall implement policies and procedures developed by the department designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment.
281—41.174(256B,34CFR300) Prohibition on mandatory medication.
41.174(1) General. No public agency personnel are permitted to require parents to obtain a prescription for substances identified under Schedule I, II, III, IV, or V in Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) for a child as a condition of attending school, receiving an evaluation or services under Part B or this chapter.
41.174(2) Rule of construction. Nothing in subrule 41.174(1) shall be construed to create a federal prohibition against teachers and other school personnel consulting or sharing classroom–based observations with parents or guardians regarding a student’s academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under rule 41.111(256B,34CFR300) related to child find.
281—41.176(256B) Special school provisions.
41.176(1) Providers. Special schools for eligible individuals who require special education outside the general education environment may be maintained by individual LEAs, jointly by two or more LEAs, by the AEA, jointly by two or more AEAs, by the state directly, or by approved private providers.
41.176(2) Department recognition. Department recognition of agencies providing special education and related services shall be of two types:
a. Recognition of nonpublic agencies and state–operated programs providing special education and related services in compliance with these rules.
b. Approval for nonpublic agencies to provide special education and related services and to receive special education funds for the special education and related services contracted for by an LEA or an AEA.
41.177(1) Equivalent to general education. Each agency providing special education and related services shall supply facilities which shall be at least equivalent in quality to general education classrooms in the system, located in buildings housing regularly enrolled individuals of comparable ages, and readily accessible to individuals with disabilities.
41.177(2) Personnel space and assistance. Each agency providing special education shall ensure that special education personnel are provided adequate access to telephone service and clerical assistance and sufficient and appropriate work space regularly available for their use that is readily accessible to individuals with disabilities.
281—41.178(256B) Materials, equipment and assistive technology.
41.178(1) Provision for materials, equipment, and assistive technology. Each LEA shall make provision for special education and related services, facility modifications, assistive technology, necessary equipment and materials, including both durable items and expendable supplies; provided that, where an AEA, pursuant to appropriate arrangements authorized by the Iowa Code, furnishes special education and related services, performance by the AEA shall be accepted in lieu of performance by the LEA.
41.178(2) Acquire and maintain equipment. Each agency providing special education and related services shall have a comprehensive program in operation under which equipment for special education is acquired, inventoried, maintained, calibrated and replaced on a planned and regular basis.
281—41.179 to 41.185 Reserved.
281—41.186(256B,34CFR300) Assistance under other federal programs. Part B of the Act may not be construed to permit a state to reduce medical and other assistance available, or to alter eligibility, under Titles V and XIX of the Social Security Act with respect to the provision of FAPE to children with disabilities in the state.
281—41.187(256B) Research, innovation, and improvement.
41.187(1) Evaluation and improvement. Each agency, in conjunction with other agencies, the department, or both, shall implement activities designed to evaluate and improve special education. These activities shall document the individual performance resulting from the provision of special education.
41.187(2) Research. Each agency shall cooperate in research activities designed to evaluate and improve special education when such activities are sponsored by an LEA, an AEA or the department, or another agency, when approved by the department, to assess and ensure the effectiveness of efforts to educate all children with disabilities.
41.187(3) Support and facilitation. State rules, regulations, and policies under Part B of the Act must support and facilitate AEA, LEA and school–level system improvement designed to enable children with disabilities to meet the challenging state student academic achievement standards.
281—41.188 to 41.199 Reserved.
DIVISION IV
LEA AND AEA ELIGIBILITY, IN GENERAL
281—41.200(256B,34CFR300) Condition of assistance. 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 41.201(256B,34CFR300) to 41.213(256B,34CFR300).
41.200(1) Required descriptions, policies and procedures. Each AEA shall 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 shall be submitted to the department for approval.
41.200(2) AEA application. Each AEA shall 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 shall 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, shall include the following:
a. General information.
b. Utilization of funds.
c. Assurances.
281—41.201(256B,34CFR300) Consistency with state policies. 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 41.101(256B,34CFR300) to 41.163(256B,34CFR300) and 41.165(256B,34CFR300) to 41.187(256B).
281—41.202(256B,34CFR300) Use of amounts.
41.202(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.
41.202(2) Excess cost requirement.
a. General.
(1) The excess cost requirement prevents an AEA or LEA from using funds provided under Part B of the Act to pay for all of the costs directly attributable to the education of a child with a disability, subject to 41.202(2)“a”(2).
(2) The excess cost requirement does not prevent an AEA or LEA from using Part B funds to pay for all of the costs directly attributable to the education of a child with a disability aged 3 to 5 or 18 to 20 if no local or state funds are available for nondisabled children of these ages. However, the AEA or LEA must comply with the nonsupplanting and other requirements of Part B of the Act and of this chapter in providing the education and services for these children.
b. Meeting excess cost requirement.
(1) An AEA or LEA meets the excess cost requirement if it has spent at least a minimum average amount for the education of its children with disabilities before funds under Part B of the Act are used.
(2) The amount described in 41.202(2)“b”(1) is determined in accordance with the definition of excess costs in rule 41.16(256B,34CFR300). That amount may not include capital outlay or debt service.
c. Joint establishment of eligibility. If two or more AEAs or LEAs jointly establish eligibility in accordance with rule 41.223(256B,34CFR300), the minimum average amount is the average of the combined minimum average amounts determined in accordance with the definition of excess costs in rule 41.16(256B,34CFR300) in those agencies for elementary or secondary school students, as the case may be.
281—41.203(256B,34CFR300) Maintenance of effort.
41.203(1) General. Except as provided in rules 41.204(256B,34CFR300) and 41.205(256B,34CFR300), funds provided to an AEA or LEA under Part B of the Act must not be used to reduce the level of expenditures for the education of children with disabilities made by the AEA or LEA from local funds below the level of those expenditures for the preceding fiscal year.
41.203(2) Standard.
a. Except as provided in 41.203(2)“b,” the SEA must determine that an AEA or LEA complies with subrule 41.203(1) for purposes of establishing the LEA’s eligibility for an award for a fiscal year if the AEA or LEA budgets, for the education of children with disabilities, at least the same total or per capita amount from either of the following sources as the LEA spent for that purpose from the same source for the most recent prior year for which information is available:
(1) Local funds only.
(2) The combination of state and local funds.
b. An AEA or LEA that relies on 41.203(2)“a”(1) for any fiscal year must ensure that the amount of local funds it budgets for the education of children with disabilities in that year is at least the same, either in total or per capita, as the amount it spent for that purpose in the most recent fiscal year for which information is available and the standard in 41.203(2)“a”(1) was used to establish its compliance with this rule.
c. The SEA may not consider any expenditures made from funds provided by the federal government for which the SEA is required to account to the federal government or for which the AEA or LEA is required to account to the federal government directly or through the SEA in determining an AEA’s or LEA’s compliance with the requirement in subrule 41.203(1).
281—41.204(256B,34CFR300) Exception to maintenance of effort. Notwithstanding the restriction in subrule 41.203(1), 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:
41.204(1) Departure of personnel. The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel.
41.204(2) Decrease in enrollment. A decrease in the enrollment of children with disabilities.
41.204(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.
41.204(4) Termination of costly expenditures for long–term purchases. The termination of costly expenditures for long–term purchases, such as the acquisition of equipment.
41.204(5) High–cost fund. The assumption of cost by the high–cost fund operated by the state under this chapter.
281—41.205(256B,34CFR300) Adjustment to local fiscal efforts in certain fiscal years.
41.205(1) Amounts in excess. Notwithstanding 41.202(1)“b,” 41.202(2), and 41.203(1), and except as provided in 41.205(4) and 41.230(5)“b,” for any fiscal year for which the allocation received by an LEA under rule 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(1) by not more than 50 percent of the amount of that excess.
41.205(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.
41.205(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 41.600(256B,34CFR300) to 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.
41.205(4) Special rule. The amount of funds expended by an LEA for early intervening services under rule 41.226(256B,34CFR300) shall count toward the maximum amount of expenditures that the LEA may reduce under subrule 41.205(1).
281—41.206(256B,34CFR300) Schoolwide programs under Title I of the ESEA.
41.206(1) General. Notwithstanding the provisions of rules 41.202(256B,34CFR300) and 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.
41.206(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 41.202(1)“b” and “c.”
b. The funds may be used without regard to the requirements of 41.202(1)“a.”
41.206(3) Meeting other Part B requirements. Except as provided in subrule 41.206(2), all other requirements of Part B of the Act must be met by an LEA using Part B funds in accordance with subrule 41.206(1), including ensuring that children with disabilities in schoolwide program schools:
a. Receive services in accordance with a properly developed IEP; and
b. Are afforded all of the rights and services guaranteed to children with disabilities under the Act.
281—41.207(256B,34CFR300) Personnel development. 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 41.156(256B,34CFR300) related to personnel qualifications and Section 2122 of the ESEA.
281—41.208(256B,34CFR300) Permissive use of funds.
41.208(1) Uses. Notwithstanding rule 41.202(256B,34CFR300) and subrules 41.203(1) 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 41.172(256B,34CFR300) and 41.210(256B,34CFR300).
b. Early intervening services. To develop and implement coordinated, early intervening educational services in accordance with rule 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.
41.208(2) Administrative case management. An LEA may use funds received under Part B of the Act to purchase appropriate technology for record keeping, data collection, and related case management activities of teachers and related services personnel providing services described in the IEP of children with disabilities, that is needed for the implementation of those case management activities.
281—41.209(256B,34CFR300) Treatment of charter schools and their students.
41.209(1) Rights of children with disabilities. Children with disabilities who attend public charter schools and their parents retain all rights under this chapter.
41.209(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.
b. Relationship to rule 41.705(256B,34CFR300). If the public charter school is a school of an LEA that receives funding under rule 41.705(256B,34CFR300) and includes other public schools:
(1) The LEA is responsible for ensuring that the requirements of this chapter are met, unless state law assigns that responsibility to some other entity; and
(2) The LEA must meet the requirements of 41.209(2)“a.”
281—41.210(256B,34CFR300) Purchase of instructional materials.
41.210(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 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.
41.210(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 blind persons or other persons with print disabilities in 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 41.172(1)“b.”
41.210(3) Preparation and delivery of files. Because the state chooses to coordinate with theNIMAC, 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.
b. Provide instructional materials to blind persons or other persons with print disabilities in a timely manner.
41.210(4) Definitions. The following definitions apply to this rule and rule 41.172(256B,34CFR300), and apply to each state and LEA, regardless of whether the state or LEA chooses to coordinate with the NIMAC:
a. “Blind persons or other persons with print disabilities” means children served under this chapter who may qualify to receive books and other publications produced in specialized formats in accordance with 2 U.S.C. 135a and 36 CFR 701.6. Persons who may receive material in specialized formats include persons who are blind, who have visual disabilities, have certain physical disabilities, or who have reading disabilities resulting from organic dysfunction, as those terms are defined in 36 CFR 701.6(b)(1), and who have obtained certification from a “competent authority,” as defined in 36 CFR 701.6(b)(2).
b. “National Instructional Materials Access Center” or “NIMAC” means the center established pursuant to Section 674(e) of the Act.
c. “National Instructional Materials Accessibility Standard” or “NIMAS” has the meaning given the term in Section 674(e)(3)(B) of the Act.
d. “Print instructional materials” has the meaning given the term in Section 674(e)(3)(C) of the Act.
e. “Specialized formats” has the meaning given the term in Section 674(e)(3)(D) of the Act.
281—41.211(256B,34CFR300) Information for department. Each public agency shall 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 Sections 300.157 and 300.160, 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 require, shall 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 41.603(256B,34CFR300) or in taking any other action to enforce Part B of the Act or this chapter.
281—41.212(256B,34CFR300) Public information. Each public agency must make available to parents of children with disabilities and to the general public all documents relating to the eligibility of the agency under Part B of the Act.
281—41.213(256B,34CFR300) Records regarding migratory children with disabilities. 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.
281—41.214 to 41.219 Reserved.
281—41.220(256B,34CFR300) Exception for prior local plans.
41.220(1) General. If an AEA or LEA or a state agency described in rule 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 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.
41.220(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.
41.220(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.
281—41.221(256B,34CFR300) Notification of AEA or LEA or state agency in case of ineligibility. 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.
281—41.222(256B,34CFR300) AEA or LEA and state agency compliance.
41.222(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 41.201(256B,34CFR300) to 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.
41.222(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.
41.222(3) Consideration. In carrying out its responsibilities under this rule, the state must consider any decision resulting from a hearing held under rules 41.511(256B,34CFR300) to 41.533(256B,34CFR300) that is adverse to the AEA or LEA or state agency involved in the decision.
281—41.223(256B,34CFR300) Joint establishment of eligibility.
41.223(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.
41.223(2) Reserved.
41.223(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 41.705(256B,34CFR300) if the agencies were eligible for those payments.
281—41.224(256B,34CFR300) Requirements for jointly establishing eligibility.
41.224(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 41.101(256B,34CFR300) to 41.163(256B,34CFR300) and 41.165(256B,34CFR300) to 41.187(256B); and
b. Be jointly responsible for implementing programs that receive assistance under Part B of the Act.
41.224(2) Requirements for educational service agencies in general. If an educational service agency is required by state law to carry out programs under Part B of the Act, the joint responsibilities given to AEAs or LEAs under Part B of the Act:
a. Do not apply to the administration and disbursement of any payments received by that educational service agency; and
b. Must be carried out only by that educational service agency.
41.224(3) Additional requirement. Notwithstanding any other provision of rule 41.223(256B,34CFR300) and this rule, an educational service agency must provide for the education of children with disabilities in the least restrictive environment, as required by this chapter.
281—41.226(256B,34CFR300) Early intervening services.
41.226(1) General. An AEA or LEA may not use 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 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.
41.226(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.
41.226(3) Construction. Nothing in this rule shall be construed to either limit or create a right to FAPE under Part B of the Act or to delay appropriate evaluation of a child suspected of having a disability.
41.226(4) Reporting: in general. Each AEA or LEA that develops and maintains coordinated, early intervening services under this rule must annually report to the SEA on:
a. The number of children served under this rule who received early intervening services; and
b. The number of children served under this rule who received early intervening services and subsequently receive special education and related services under Part B of the Act during the preceding two–year period.
41.226(5) Reporting: disproportionality. If an LEA is required to reserve the maximum amount available under this rule for early intervening services because of a determination of significant disproportionality under rule 41.646(256B,34CFR300), that LEA must make additional reports on the use of funds under this rule and rule 41.646(256B,34CFR300), as required by the SEA.
41.226(6) Coordination with ESEA. Funds made available to carry out this rule may be used to carry out coordinated, early intervening services aligned with activities funded by and carried out under the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this rule.
281—41.228(256B,34CFR300) State agency eligibility. Any state agency that desires to receive a subgrant for any fiscal year under rule 41.705(256B,34CFR300) must demonstrate to the satisfaction of the state that all children with disabilities who are participating in programs and projects funded under Part B of the Act receive FAPE, and that those children and their parents are provided all the rights and procedural safeguards described in this chapter; and the agency meets the other conditions of this chapter that apply to LEAs.
281—41.229(256B,34CFR300) Disciplinary information.
41.229(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.
41.229(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.
41.229(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.
41.229(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.
41.229(5) Additional state law requirement. Pursuant to Iowa Code section 279.9A, this rule applies also to accredited nonpublic schools, as well as AEAs.
281—41.230(256B,34CFR300) SEA flexibility. The department reserves to itself the flexibility provided by 34 CFR Section 300.230.
281—41.231 to 41.299 Reserved.
DIVISION V
EVALUATION, ELIGIBILITY, IEPs, AND PLACEMENT DECISIONS
281—41.300(256B,34CFR300) Parental consent and participation.
41.300(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 41.503(256B,34CFR300) and 41.504(256B,34CFR300), obtain informed consent, consistent with rule 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.
b. Special rule: initial evaluation for a child who is a ward of the state and not residing with a parent. For initial evaluations only, if the child is a ward of the state and is not residing with the child’s parent, the public agency is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if:
(1) Despite reasonable efforts to do so, the public agency cannot discover the whereabouts of the parent of the child;
(2) The rights of the parents of the child have been terminated in accordance with state law; or
(3) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
c. Parental refusal to provide consent for initial evaluation.
(1) If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation under 41.300(1)“a,” or the parent fails to respond to a request to provide consent, the public agency may, but is not required to, pursue the initial evaluation of the child by utilizing the procedural safeguards in this chapter, including the mediation procedures under rule 41.506(256B,34CFR300) or the due process procedures under rules 41.507(256B,34CFR300) to 41.516(256B,34CFR300), if appropriate, except to the extent inconsistent with state law relating to such parental consent.
(2) The public agency does not violate its obligation under rules 41.111(256B,34CFR300) and 41.301(256B,34CFR300) to 41.311(256B,34CFR300) if it declines to pursue the evaluation under 41.300(1)“c”(1).
41.300(2) Parental consent for services.
a. A public agency that is responsible for making FAPE available to a child with a disability must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child.
b. The public agency must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.
c. If the parent of a child fails to respond or refuses to consent to services under 41.300(2)“a,” the public agency may not use the procedural safeguards of this chapter, including the mediation procedures or the due process procedures under this chapter, to obtain agreement or a ruling that the services may be provided to the child.
d. If the parent of the child refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the public agency:
(1) Will not be considered to be in violation of the requirement to make available FAPE to the child for the failure to provide the child with the special education and related services for which the public agency requests consent; and
(2) Is not required to convene an IEP team meeting or develop an IEP for the child for the special education and related services for which the public agency requests such consent.
41.300(3) Parental consent for reevaluations.
a. General. Subject to 41.300(3)“b”:
(1) Each public agency must obtain informed parental consent, in accordance with 41.300(1)“a,” prior to conducting any reevaluation of a child with a disability.
(2) If the parent refuses to consent to the reevaluation, the public agency may, but is not required to, pursue the reevaluation by using the consent override procedures described in 41.300(1)“c.”
(3) The public agency does not violate its obligation under rules 41.111(256B,34CFR300) and 41.301(256B,34CFR300) to 41.311(256B,34CFR300) if it declines to pursue the evaluation or reevaluation.
b. Exception. The informed parental consent described in 41.300(3)“a” need not be obtained if the public agency can demonstrate that:
(1) It made reasonable efforts to obtain such consent; and
(2) The child’s parent has failed to respond.
41.300(4) Other consent requirements.
a. When parental consent not required. Parental consent is not required before:
(1) A review of existing data as part of an evaluation or a reevaluation; or
(2) Administration of a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.
b. Additional consent requirements. In addition to the parental consent requirements described in subrule 41.300(1), the state may require parental consent for other services and activities under Part B of the Act and of this chapter if it ensures that each public agency in the state establishes and implements effective procedures to ensure that a parent’s refusal to consent does not result in a failure to provide the child with FAPE.
c. Limitation on public agency’s use of failure to give consent. A public agency may not use a parent’s refusal to consent to one service or activity under 41.300(1) or 41.300(4)“b” to deny the parent or child any other service, benefit, or activity of the public agency, except as required by this chapter.
d. Children who are home schooled or placed by their parents in private schools.
(1) If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the public agency may not use the consent override procedures described in 41.300(1)“c” and 41.300(3)“a”; and
(2) The public agency is not required to consider the child as eligible for services under rules 41.132(256B,34CFR300) to 41.144(256B,34CFR300).
e. Documenting reasonable efforts. To meet the reasonable efforts requirement in 41.300(1)“a”(3), 41.300(1)“b”(1), 41.300(2)“b,” and 41.300(3)“b”(1), the public agency must document its attempts to obtain parental consent using the procedures in subrule 41.322(4).
41.300(5) Parent participation. The identification process shall include interactions with the individual, the individual’s parents, school personnel, and others having specific responsibilities for or knowledge of the individual. AEA and LEA personnel shall seek active parent participation throughout the process, directly communicate with parents, and encourage parents to participate at all decision points.
281—41.301(256B,34CFR300) Full and individual initial evaluations.
41.301(1) General. Each public agency must conduct a full and individual initial evaluation, in accordance with rules 41.305(256B,34CFR300) and 41.306(256B,34CFR300), before the initial provision of special education and related services to a child with a disability under this chapter.
41.301(2) Request for initial evaluation. Consistent with the consent requirements in rule 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.
41.301(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.
41.301(4) Exception. The time frame described in 41.301(3)“a” does not apply to a public agency if:
a. The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or
b. A child enrolls in a school of another public agency after the relevant time frame in 41.301(3)“a” has begun, and prior to a determination by the child’s previous public agency as to whether the child is a child with a disability under this chapter.
41.301(5) Applicability of exception in 41.301(4)“b.” The exception in 41.301(4)“b” applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation and the parent and the subsequent public agency agree to a specific time when the evaluation will be completed.
41.301(6) Content of full and individual initial evaluation. The purpose of the evaluation is to determine the educational interventions that are required to resolve the presenting problem, behaviors of concern, or suspected disability, including whether the educational interventions are special education. An evaluation shall include:
a. An objective definition of the presenting problem, behaviors of concern, or suspected disability.
b. Analysis of existing information about the individual, as described in 41.305(1)“a.”
c. Identification of the individual’s strengths or areas of competence relevant to the presenting problem, behaviors of concern, or suspected disability.
d. Collection of additional information needed to design interventions intended to resolve the presenting problem, behaviors of concern, or suspected disability, including, if appropriate, assessment or evaluation of health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, adaptive behavior and motor abilities.
281—41.302(256B,34CFR300) Screening for instructional purposes is not evaluation. 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.
281—41.303(256B,34CFR300) Reevaluations.
41.303(1) General. A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with rules 41.304(256B,34CFR300) to 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.
41.303(2) Limitation. A reevaluation conducted under subrule 41.303(1):
a. May occur not more than once a year, unless the parent and the public agency agree otherwise; and
b. Must occur at least once every three years, unless the parent and the public agency agree that a reevaluation is unnecessary.
281—41.304(256B,34CFR300) Evaluation procedures.
41.304(1) Notice. The public agency must provide notice to the parents of a child with a disability, in accordance with rule 41.503(256B,34CFR300), that describes any evaluation procedures the agency proposes to conduct.
41.304(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);
b. Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child; and
c. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.
41.304(3) Other evaluation procedures. Each public agency must ensure that:
a. Assessments and other evaluation materials used to assess a child under this chapter:
(1) Are selected and administered so as not to be discriminatory on a racial or cultural basis;
(2) Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;
(3) Are used for the purposes for which the assessments or measures are valid and reliable;
(4) Are administered by trained and knowledgeable personnel; and
(5) Are administered in accordance with any instructions provided by the producer of the assessments.
b. Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.
c. Assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).
d. The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.
e. Assessments of children with disabilities who transfer from one public agency to another public agency in the same school year are coordinated with those children’s prior and subsequent schools, as necessary and as expeditiously as possible, consistent with 41.301(4)“b” and 41.301(5), to ensure prompt completion of full evaluations.
f. The evaluation of each child with a disability under rules 41.304(256B,34CFR300) to 41.306(256B,34CFR300) is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.
g. Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided.
281—41.305(256B,34CFR300) Additional requirements for evaluations and reevaluations.
41.305(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
b. On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine:
(1) Whether the child is a child with a disability, as defined in this chapter, and the educational needs of the child or, in the case of a reevaluation of a child, whether the child continues to have such a disability, and the educational needs of the child;
(2) The present levels of academic achievement and related developmental needs of the child;
(3) Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and
(4) Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.
41.305(2) Conduct of review. The group described in subrule 41.305(1) may conduct its review without a meeting.
41.305(3) Source of data. The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under subrule 41.305(1).
41.305(4) Requirements if additional data are not needed.
a. If the IEP team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability or to determine the child’s educational needs, the public agency must notify the child’s parents of:
(1) The determination and the reasons for the determination; and
(2) The right of the parents to request an assessment to determine whether the child continues to be a child with a disability and to determine the child’s educational needs.
b. The public agency is not required to conduct the assessment described in 41.305(4)“a”(2) unless requested to do so by the child’s parents.
41.305(5) Evaluations before change in eligibility.
a. Except as provided in 41.305(5)“b,” a public agency must evaluate a child with a disability in accordance with these rules before determining that the child is no longer a child with a disability.
b. The evaluation described in 41.305(5)“a” is not required before the termination of a child’s eligibility under this chapter due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under state law.
c. For a child whose eligibility terminates under circumstances described in 41.305(5)“b,” a public agency must provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals.
41.305(6) At no cost to parent. Evaluations or reevaluations under this chapter, including any outside consultations or evaluations, shall be at no cost to the parent. AEAs or LEAs may access a parent’s private insurance or public benefits or insurance, however, provided that a parent gives informed consent consistent with rule 41.9(256B,34CFR300) and subrules 41.154(4) and 41.154(5).
281—41.306(256B,34CFR300) Determination of eligibility.
41.306(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(2) 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.
41.306(2) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this chapter:
a. If the determinant factor for that determination is:
(1) Lack of appropriate instruction in reading, including the essential components of reading instruction, as defined in Section 1208(3) of the ESEA;
(2) Lack of appropriate instruction in math; or
(3) Limited English proficiency; and
b. If the child does not otherwise meet the eligibility criteria under this chapter.
41.306(3) Procedures for determining eligibility and educational need.
a. In interpreting evaluation data for the purpose of determining if a child is a child with a disability under this chapter, and the educational needs of the child, each public agency must:
(1) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child’s physical condition, social or cultural background, and adaptive behavior; and
(2) Ensure that information obtained from all of these sources is documented and carefully considered.
b. If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with these rules.
c. All determinations of eligibility must be based on the individual’s disability (progress and discrepancy) and need for special education.
41.306(4) Director’s certification. If a child is determined to be an eligible individual pursuant to these rules, the AEA director of special education shall certify the individual’s entitlement for special education. A confidential record, subject to audit by the department, registering the name and required special education and related services of each eligible individual shall be maintained by the AEA, and provision shall be made for its periodic revision.
281—41.307(256B,34CFR300) Specific learning disabilities.
41.307(1) General. The state adopts, consistent with rule 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. Requires 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. Prohibits 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.
41.307(2) Consistency with state criteria. A public agency must use the state criteria adopted pursuant to subrule 41.307(1) in determining whether a child is an eligible individual on the basis of a specific learning disability.
41.307(3) Rule of construction: “Labelling.” Nothing in this rule or rules 41.308(256B,34CFR300) to 41.311(256B,34CFR300) shall be construed as requiring children evaluated under these rules to be classified as having a specific learning disability, as long as the child is regarded as a child with a disability or an eligible individual under this chapter.
41.307(4) Rule of construction: Use of rules 41.307(256B,34CFR300) to 41.310(256B,34CFR300). Nothing in this rule or rule 41.308(256B,34CFR300) or 41.311(256B,34CFR300) shall be construed as limiting its applicability solely to determining whether a child is an eligible individual on the basis of a specific learning disability. The procedures, methods, etc. listed in this rule and rules 41.308(256B,34CFR300) and 41.310(256B,34CFR300) may be employed in evaluating any child suspected of being an eligible individual, if appropriate in the child’s circumstances.
281—41.308(256B,34CFR300) Additional group members. 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:
41.308(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.
41.308(2) Individual qualified to conduct diagnostic examinations. At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech–language pathologist, or a remedial reading teacher.
281—41.309(256B,34CFR300) Determining the existence of a specific learning disability.
41.309(1) Required determinations. The group described in rule 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.
b. Lack of adequate progress.
(1) The child does not make sufficient progress to meet age expectations, grade–level expectations, or such state–approved grade–level standards as the state may choose to adopt in one or more of the areas identified in 41.309(1)“a” when using a process based on the child’s response to scientific, research–based intervention; or
(2) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, grade–level expectations, such state–approved grade–level standards as the state may choose to adopt, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with rules 41.304(256B,34CFR300) and 41.305(256B,34CFR300).
c. Exclusionary factors. The group determines that its findings under 41.309(1)“a” and 41.309(1)“b” are not primarily the result of:
(1) A visual, hearing, or motor disability;
(2) Mental disability;
(3) Emotional disturbance;
(4) Cultural factors;
(5) Environmental or economic disadvantage; or
(6) Limited English proficiency.
41.309(2) Review of data. To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in rules 41.304(256B,34CFR300) to 41.306(256B,34CFR300):
a. Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and
b. Data–based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.
41.309(3) When consent required. The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services and must adhere to the time frames described in rules 41.301(256B,34CFR300) and 41.303(256B,34CFR300):
a. If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in 41.309(2)“a” and “b”; and
b. Whenever a child is referred for an evaluation.
41.309(4) Rule of construction. Subparagraph 41.309(1)“b”(2) shall not be construed to require a child with a pattern of strengths and weaknesses in performance, achievement, or both, to be identified as an eligible individual, absent a determination that the child has a disability and needs special education and related services.
41.309(5) Rule of construction. A process by which a child’s response to intervention is measured is a component of a full and individual evaluation and is not, considered alone, a full and individual evaluation, unless the response to intervention process contains all required elements of a full and individual evaluation under this chapter.
281—41.310(256B,34CFR300) Observation.
41.310(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.
41.310(2) Who must observe. The group described in 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, consistentwith rules 41.306(256B,34CFR300), 41.309(256B,34CFR300), 41.312(256B,34CFR300) and 41.313(256B,34CFR300); or
b. Have at least one member of the group described in 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.
41.310(3) Child less than school age or out of school. In the case of a child of less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age. This subrule also applies to school–age children who must be evaluated during school breaks.
281—41.311(256B,34CFR300) Specific documentation for the eligibility determination.
41.311(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 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 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 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 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 41.309(1)“b”(2);
f. The determination of the group concerning the effects of a visual, hearing, or motor disability; mental 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.
41.311(2) Certification required. Each group member must certify in writing whether the report reflects the member’s conclusion. If it does not reflect the member’s conclusion, the group member must submit a separate statement presenting the member’s conclusions.
281—41.312(256B,34CFR300) General education interventions. 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 the development and implementation of general education interventions are not appropriate to the needs of the individual, the IEP team and, as appropriate, other qualified professionals, may determine that a full and individual initial evaluation shall be conducted. Documentation of the rationale for such action shall be included in the individual’s educational record.
41.312(1) Notice to parents. Each LEA shall 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.
41.312(2) Nature of general education interventions. General education interventions shall include teacher consultation with special education support and instructional personnel working collaboratively to improve an individual’s educational performance. The activities shall be documented and shall 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.
41.312(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 require 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.
41.312(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.
281—41.313(256B,34CFR300) Systematic problem–solving process.
41.313(1) Definition. When used by an AEA in its identification process, “systematic problem–solving” means a set of procedures that is used to examine the nature and severity of an educationally related problem. These procedures primarily focus on variables related to developing effective educationally related interventions.
41.313(2) Parent participation in systematic problem–solving process. Active parent participation is an integral aspect of the process and is solicited throughout.
41.313(3) Components. At a minimum, a systematic problem–solving process includes the following components.
a. Description of problem. The presenting problem or behavior of concern shall be described in objective, measurable terms that focus on alterable characteristics of the individual and the environment. The individual and environment shall be examined through systematic data collection. The presenting problem or behaviors of concern shall be defined in a problem statement that describes the degree of discrepancy between the demands of the educational setting and the individual’s performance.
b. Data collection and problem analysis. A systematic, data–based process for examining all that is known about the presenting problem or behaviors of concern shall be used to identify interventions that have a high likelihood of success. Data collected on the presenting problem or behaviors of concern shall be used to plan and monitor interventions. Data collected shall be relevant to the presenting problem or behaviors of concern and shall be collected in multiple settings using multiple sources of information and multiple data collection methods. Data collection procedures shall be individually tailored, valid, and reliable, and allow for frequent and repeated measurement of intervention effectiveness.
c. Intervention design and implementation. Interventions shall be designed based on the preceding analysis, the defined problem, parent input, and professional judgments about the potential effectiveness of interventions. The interventions shall be described in an intervention plan that includes goals and strategies, a progress monitoring plan, a decision–making plan for summarizing and analyzing progress monitoring data, and responsible parties. Interventions shall be implemented as developed and modified on the basis of objective data and with the agreement of the responsible parties.
d. Progress monitoring. Systematic progress monitoring shall be conducted which includes regular and frequent data collection, analysis of individual performance across time, and modification of interventions as frequently as necessary based on systematic progress monitoring data.
e. Evaluation of intervention effects. The effectiveness of interventions shall be evaluated through a systematic procedure in which patterns of individual performance are analyzed and summarized. Decisions regarding the effectiveness of interventions focus on comparisons with initial levels of performance.
41.313(4) Rule of construction. A systematic problem–solving process may be used for any child suspected of being an eligible individual, and nothing in this chapter nor in Part B of the Act shall be construed to limit the applicability of a systematic problem–solving process to children suspected of having a certain type of disability.
281—41.314 to 41.319 Reserved.
281—41.320(256B,34CFR300) Definition of individualized education program.
41.320(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;
b. A statement of measurable annual goals, including academic and functional goals designed to meet:
(1) The child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and
(2) Each of the child’s other educational needs that result from the child’s disability;
c. For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short–term objectives;
d. A description of:
(1) How the child’s progress toward meeting the annual goals described in 41.320(1)“b” will be measured; and
(2) When periodic reports on the progress the child is making toward meeting the annual goals, such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards, will be provided;
e. A statement of the special education and related services and supplementary aids and services, based on peer–reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child:
(1) To advance appropriately toward attaining the annual goals;
(2) To be involved in and make progress in the general education curriculum in accordance with 41.320(1)“a,” and to participate in extracurricular and other nonacademic activities; and
(3) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this rule;
f. An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in 41.320(1)“e”;
g. A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments consistent with Section 612(a)(16) of the Act; and, if the IEP team determines that the child must take an alternate assessment instead of a particular regular state or districtwide assessment of student achievement, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child; and
h. The projected date for the beginning of the services and modifications described in 41.320(1)“e” and the anticipated frequency, location, and duration of those services and modifications.
41.320(2) Transition services. Beginning not later than the first IEP to be in effect when the child turns 14, or younger if determined appropriate by the IEP team, and updated annually, thereafter, the IEP must include:
a. Appropriate measurable postsecondary goals based upon age–appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
b. The transition services, including courses of study, needed to assist the child in reaching those goals.
41.320(3) Transfer of rights at age of majority. Beginning not later than one year before the child reaches the age of majority under state law, the IEP must include a statement that the child has been informed of the child’s rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under rule 41.520(256B,34CFR300).
41.320(4) Construction. Nothing in this rule shall be construed to require:
a. That additional information be included in a child’s IEP beyond what is explicitly required in Section 614 of the Act; or
b. The IEP team to include information under one component of a child’s IEP that is already contained under another component of the child’s IEP.
41.320(5) Special considerations. The IEP, or an associated document, must contain the answers to the questions contained in subrule 41.116(4).
41.320(6) Prohibited practices. An IEP shall not include practices that are precluded by constitution, statute, this chapter, or any other applicable law.
281—41.321(256B,34CFR300) IEP team.
41.321(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 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.
41.321(2) Transition services participants.
a. In accordance with 41.321(1)“g,” the public agency must invite a child with a disability to attend the child’s IEP team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under subrule 41.320(2).
b. If the child does not attend the IEP team meeting, the public agency must take other steps to ensure that the child’s preferences and interests are considered.
c. To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of 41.321(2)“a,” the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
41.321(3) Determination of knowledge and special expertise. The determination of the knowledge or special expertise of any individual described in 41.321(1)“f” must be made by the party (parents or public agency) who invited the individual to be a member of the IEP team.
41.321(4) Designating a public agency representative. A public agency may designate a public agency member of the IEP team to also serve as the agency representative, if the criteria in 41.321(1)“d” are satisfied.
41.321(5) IEP team attendance.
a. A member of the IEP team described in 41.321(1)“b” to “e” is not required to attend an IEP team meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.
b. A member of the IEP team described in 41.321(5)“a” may be excused from attending an IEP team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if:
(1) The parent, in writing, and the public agency consent to the excusal; and
(2) The member submits, in writing to the parent and the IEP team, input into the development of the IEP prior to the meeting.
41.321(6) Initial IEP team meeting for child under Part C. In the case of a child who was previously served under Part C of the Act, an invitation to the initial IEP team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.
281—41.322(256B,34CFR300) Parent participation.
41.322(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.
41.322(2) Information provided to parents.
a. The notice required under 41.322(1)“a” must:
(1) Indicate the purpose, time, and location of the meeting and who will be in attendance (name and position); and
(2) Inform the parents of the provisions in 41.321(1)“f” and 41.321(3) relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child and subrule 41.321(6) relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP team meeting for a child previously served under Part C of the Act.
b. For a child with a disability, beginning not later than the first IEP to be in effect when the child turns 14, or younger if determined appropriate by the IEP team, the notice also must:
(1) Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with subrule 41.320(2), and that the agency will invite the student; and
(2) Identify any other agency that will be invited to send a representative.
41.322(3) Other methods to ensure parent participation. If neither parent can attend an IEP team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with rule 41.328(256B,34CFR300) related to alternative means of meeting participation.
41.322(4) Conducting an IEP team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed–upon time and place, including:
a. Detailed records of telephone calls made or attempted and the results of those calls;
b. Copies of correspondence sent to the parents and any responses received; and
c. Detailed records of visits made to the parent’s home or place of employment and the results of those visits.
41.322(5) Use of interpreters or other action, as appropriate. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
41.322(6) Parent copy of child’s IEP. The public agency must give the parent a copy of the child’s IEP at no cost to the parent.
41.322(7) Rule of construction: “final” versus “draft” IEPs. An agency shall not present a completed and finalized IEP to parents before there has been a full discussion with the parents regarding the eligible individual’s need for special education and related services and the services the agency will provide to the individual. An agency may come prepared with evaluation findings, proposed statements of present levels of educational performance, proposed recommendations regarding annual goals or instructional objectives, and proposals concerning the nature of special education and related services to be provided. The agency shall inform the parents at the outset of the meeting that the proposals are only recommendations for review and discussion with the parents.
281—41.323(256B,34CFR300) When IEPs must be in effect.
41.323(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 41.320(256B,34CFR300).
41.323(2) Reserved.
41.323(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.
41.323(4) Accessibility of child’s IEP to teachers and others. Each public agency must ensure that:
a. The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and
b. Each teacher and provider described in 41.323(4)“a” is informed of:
(1) His or her specific responsibilities related to implementing the child’s IEP; and
(2) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
41.323(5) IEPs for children who transfer public agencies in the same state. If a child with a disability who had an IEP that was in effect in a previous public agency in this state transfers to a new public agency in this state and enrolls in a new school within the same school year, the new public agency, in consultation with the parents, must provide FAPE to the child including services comparable to those described in the child’s IEP from the previous public agency until the new public agency either:
a. Adopts the child’s IEP from the previous public agency; or
b. Develops, adopts, and implements a new IEP that meets the applicable requirements in these rules.
41.323(6) IEPs for children who transfer from another state. If a child with a disability who had an IEP that was in effect in a previous public agency in another state transfers to a public agency in this state and enrolls in a new school within the same school year, the receiving public agency, in consultation with the parents, must provide the child with FAPE, including services comparable to those described in the child’s IEP from the previous public agency, until the receiving public agency:
a. Conducts an evaluation pursuant to these rules if determined to be necessary by the receiving public agency; and
b. Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in these rules.
41.323(7) Transmittal of records. To facilitate the transition for a child described in subrules 41.323(5) and 41.323(6):
a. The receiving public agency in which the child enrolls must take all reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR Section 99.31(a)(2); and
b. The previous public agency in which the child was enrolled must take all reasonable steps to promptly respond to the request from the receiving public agency.
41.323(8) Other. It is expected that an IEP of an eligible individual will be implemented immediately after an IEP team meeting. Exceptions to this would be when the meeting occurs during the summer or vacation period, unless the child requires services during that period, or where there are circumstances requiring a short delay (e.g., making transportation arrangements); however, there can be no undue delay in providing special education and related services to an eligible individual.
281—41.324(256B,34CFR300) Development, review, and revision of IEP.
41.324(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.
b. Consideration of special factors. The IEP team must:
(1) In the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;
(2) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP;
(3) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the child’s future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the child;
(4) Consider the communication needs of the child and, in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and
(5) Consider whether the child needs assistive technology devices and services.
c. Requirement with respect to regular education teacher. A regular education teacher of a child with a disability, as a member of the IEP team, must, to the extent appropriate, participate in the development of the IEP of the child, including the determination of:
(1) Appropriate positive behavioral interventions and supports and other strategies for the child; and
(2) Supplementary aids and services, program modifications, and support for school personnel consistent with 41.320(1)“e.”
d. Agreement.
(1) In making changes to a child’s IEP after the annual IEP team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP team meeting for the purposes of making those changes and instead may develop a written document to amend or modify the child’s current IEP.
(2) If changes are made to the child’s IEP in accordance with 41.324(1)“d”(1), the public agency must ensure that the child’s IEP team is informed of those changes.
(3) A public agency may only agree to make changes pursuant to 41.324(1)“d”(1) concerning resources the public agency has the authority to commit.
e. Consolidation of IEP team meetings. To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP team meetings for the child.
f. Amendments. Changes to the IEP may be made either by the entire IEP team at an IEP team meeting or as provided in 41.324(1)“d” by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.
41.324(2) Review and revision of IEPs.
a. General. Each public agency must ensure that, subject to 41.324(2)“b” and “c,” the IEP team:
(1) Reviews the child’s IEP periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved; and
(2) Revises the IEP, as appropriate, to address the following:
1. Any lack of expected progress toward the annual goals described in 41.320(1)“b,” and in the general education curriculum, if appropriate;
2. The results of any reevaluation conducted under rule 41.303(256B,34CFR300);
3. Information about the child provided to or by the parents, as described in 41.305(1)“b”;
4. The child’s anticipated needs; or
5. Other matters.
b. Consideration of special factors. In conducting a review of the child’s IEP, the IEP team must consider the special factors described in 41.324(1)“b.”
c. Requirement with respect to regular education teacher. A regular education teacher of the child, as a member of the IEP team, must, consistent with 41.324(1)“c,” participate in the review and revision of the IEP of the child.
41.324(3) Failure to meet transition objectives.
a. Participating agency failure. If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with subrule 41.320(2), the public agency must reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.
b. Construction. Nothing in this chapter relieves any participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.
41.324(4) Children with disabilities in adult prisons.
a. Requirements that do not apply. The following requirements do not apply to children with disabilities who are convicted as adults under state law and incarcerated in adult prisons:
(1) The requirements contained in Section 612(a)(16) of the Act and 41.320(1)“g” relating to participation of children with disabilities in general assessments.
(2) The requirements in subrule 41.320(2) relating to transition planning and transition services do not apply with respect to the children whose eligibility under Part B of the Act will end because of their age before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.
b. Modifications of IEP or placement.
(1) Subject to 41.324(4)“b”(2), the IEP team of a child with a disability who is convicted as an adult under state law and incarcerated in an adult prison may modify the child’s IEP or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.
(2) The requirements in rules 41.320(256B,34CFR300) relating to IEPs and 41.114(256B,34CFR300) relating to LRE do not apply with respect to the modifications described in 41.324(4)“b”(1).
41.324(5) Interim IEP. An IEP must be in effect before special education and related services are provided to an eligible individual. This does not preclude the development of an interim IEP which meets all the requirements of rule 41.320(256B,34CFR300) when the IEP team determines that it is necessary to temporarily provide special education and related services to an eligible individual as part of the evaluation process, before the IEP is finalized, to aid in determining the appropriate services for the individual. An interim IEP may also be developed when an eligible individual moves from one LEA to another and a copy of the current IEP is not available, or either the LEA or the parent believes that the current IEP is not appropriate or that additional information is needed before a final decision can be made regarding the specific special education and related services that are needed. IEP teams cannot use interim IEPs to circumvent the requirements of this division. It is essential that the temporary provision of service not become the final special education for the individual before the IEP is finalized. In order to ensure that this does not happen, IEP teams shall take the following actions:
a. Specific conditions and timelines. Develop an interim IEP for the individual that sets out the specific conditions and timelines for the temporary service. An interim IEP shall not be in place for more than 30 school days.
b. Parent agreement and involvement. Ensure that the parents agree to the interim service before it is carried out and that they are involved throughout the process of developing, reviewing, and revising the individual’s IEP.
c. Complete evaluation and make judgments. Set a specific timeline for completing the evaluation and making judgments about the appropriate services for the individual.
d. Conduct meeting. Conduct an IEP meeting at the end of the trial period in order to finalize the individual’s IEP.
281—41.325(256B,34CFR300) Private school placements by public agencies.
41.325(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.
41.325(2) Reviewing and revising IEPs.
a. After a child with a disability enters a private school or facility, any meetings to review and revise the child’s IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.
b. If the private school or facility initiates and conducts these meetings, the public agency must ensure that the parents and an agency representative are involved in any decision about the child’s IEP and agree to any proposed changes in the IEP before those changes are implemented.
41.325(3) Responsibility. Even if a private school or facility implements a child’s IEP, responsibility for compliance with this chapter remains with the public agency and the SEA.
281—41.326(256B,34CFR300) Other rules concerning IEPs.
41.326(1) Children from birth to the age of three. A fully developed IFSP shall be considered to have met the requirements of an IEP for an eligible individual younger than the age of three.
41.326(2) Support services only. An IEP that satisfies the requirements of this chapter shall be developed for eligible individuals who require only special education support services. The special education support service specialist with knowledge in the area of need shall 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 shall be based on these rules. Attendance at IEP meetings for students shall be determined in accordance with rule 41.325(256B,34CFR300).
281—41.327(256B,34CFR300) Educational placements. 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.
281—41.328(256B,34CFR300) Alternative means of meeting participation. When conducting IEP team meetings and placement meetings under this chapter and carrying out administrative matters under Section 615 of the Act, such as scheduling, exchange of witness lists, and status conferences, the parent of a child with a disability and a public agency may agree to use alternative means of meeting participation, such as video conferences and conference calls.
281—41.329 to 41.399 Reserved.
DIVISION VI
ADDITIONAL RULES RELATED TO AEAs, LEAs, AND SPECIAL EDUCATION
281—41.400(256B,34CFR300) Shared responsibility.
41.400(1) General. It is the responsibility of each eligible individual’s resident LEA to provide or make provision for appropriate special education and related services to meet the requirements of state and federal statutes and rules. This responsibility may be met by one or more of the following: by each LEA acting for itself, by action of two or more LEAs through the establishment and maintenance of joint programs, by the AEA, by contract for services from approved public or private agencies offering the appropriate special education and related services, or by any combination of these options. The AEA shall support and assist LEAs in meeting their responsibilities for providing appropriate special education and related services. The requirements of Part B of the Act and of this chapter are binding on each public agency that has direct or delegated authority to provide special education and related services regardless of whether that agency is receiving funds under Part B of the Act.
41.400(2) Shared responsibility between general education and special education. General education and special education personnel share responsibility in providing appropriate educational programs for eligible individuals and in providing intervention and prevention services to individuals who are experiencing learning or adjustment problems.
281—41.401(256B,34CFR300) Licensure (certification). Special education personnel shall meet the board of educational examiners’ licensure (certification) and endorsement or recognition requirements for the position for which they are employed. In addition, personnel providing special education and related services who do not hold board of educational examiners’ licensure (certification) or other recognition required by its board, and who, by the nature of their work, are required to hold a professional or occupational license, certificate or permit in order to practice or perform the particular duties involved in this state shall be required to hold a license, certificate, or permit.
281—41.402(256B,273,34CFR300) Authorized personnel. An agency is authorized to employ the following types of special education personnel, as appropriate to the special education and related services provided.
41.402(1) Director of special education. The director shall be responsible for the implementation of special education for eligible individuals pursuant to Iowa Code section 273.5 and these rules. The director’s powers and duties shall include:
a. Properly identifying children requiring special education,
b. Ensuring that each child requiring special education in the area receives an appropriate special education program or service,
c. Assigning appropriate weights for each child requiring special education programs or services as provided in Iowa Code section 256B.9,
d. Supervising special education support personnel,
e. Providing each school district within the area served and the department with a special education weighted enrollment count, including the additional enrollment because of special education by the date specified in the Iowa Code,
f. Submitting to the department special education instructional and support program plans and applications, subject to the criteria listed in Iowa Code chapters 256B and 273, for approval by the deadline specified in the Iowa Code,
g. Coordinating the special education program within the area served, and
h. Reporting any violation of the Act or this chapter to the department for appropriate action.
41.402(2) Special education instructional personnel. Special education instructional personnel serve as teachers or instructional assistants at the preschool, elementary or secondary levels for eligible individuals.
41.402(3) Special education support personnel. The following positions are those of special education support personnel who provide special education and related services as stated in each definition. These personnel work under the direction of the director and may provide identification, evaluation, remediation, consultation, systematic progress monitoring, continuing education and referral services in accordance with appropriate licensure (certification) and endorsement or approval, or statement of professional recognition. They may also engage in data collection, applied research and program evaluation.
“Assistant director of special education” provides specific areawide administrative, supervisory and coordinating functions as delegated by the director.
“Audiologist” applies principles, methods and procedures for analysis of hearing functioning in order to plan, counsel, coordinate and provide intervention strategies and services for individuals with deafness or hearing impairments.
“Consultant” is the special education instructional specialist who provides ongoing support to special and general education instructional personnel delivering services to eligible individuals. The consultant participates in the identification process and program planning of eligible individuals as well as working to attain the least restrictive environment appropriate for each eligible individual. The consultant demonstrates instructional procedures, strategies, and techniques; assists in the development of curriculum and instructional materials; assists in transition planning; and provides assistance in classroom management and behavioral intervention.
“Educational interpreter” interprets or translates spoken language into sign language commensurate with the receiver’s language comprehension and interprets or translates sign language into spoken language.
“Educational strategist” provides assistance to general education classroom teachers in developing intervention strategies for individuals who are disabled in obtaining an education but can be accommodated in the general education classroom environment.
“Itinerant teacher” provides special education on an itinerant basis to eligible individuals.
“Occupational therapist” is a licensed health professional who applies principles, methods and procedures for analysis of, but not limited to, motor or sensorimotor functions to determine the educational significance of identified problem areas including fine motor manipulation, self–help, adaptive work skills, and play or leisure skills in order to provide planning, coordination, and implementation of intervention strategies and services for eligible individuals.
“Physical therapist” is a licensed health professional who applies principles, methods and procedures for analysis of motor or sensorimotor functioning to determine the educational significance of motor or sensorimotor problems within, but not limited to, areas such as mobility and positioning in order to provide planning, coordination, and the implementation of intervention strategies and services for eligible individuals.
“School psychologist” assists in the identification of needs regarding behavioral, social, emotional, educational and vocational functioning of individuals; analyzes and integrates information about behavior and conditions affecting learning; consults with school personnel and parents regarding planning, implementing and evaluating individual and group interventions; provides direct services through counseling with parents, individuals and families; and conducts applied research related to psychological and educational variables affecting learning.
“School social worker” enhances the educational programs of individuals by assisting in identification and assessment of individuals’ educational needs including social, emotional, behavioral and adaptive needs; provides intervention services including individual, group, parent and family counseling; provides consultation and planning; and serves as a liaison among home, school and community.
“Special education coordinator” facilitates the provision of special education within a specific geographic area.
“Special education media specialist” is a media specialist who facilitates the provision of media services to eligible individuals; provides consultation regarding media and materials used to support special education and related services for eligible individuals; and aids in the effective use of media by special education personnel.
“Special education nurse” is a professional registered nurse who assesses, identifies and evaluates the health needs of eligible individuals; interprets for the family and educational personnel how health needs relate to individuals’ education; implements specific activities commensurate with the practice of professional nursing; and integrates health into the educational program.
“Speech–language pathologist” applies principles, methods and procedures for an analysis of speech and language comprehension and production to determine communicative competencies and provides intervention strategies and services related to speech and language development as well as disorders of language, voice, articulation and fluency.
“Supervisor” is the professional discipline specialist who provides for the development, maintenance, supervision, improvement and evaluation of professional practices and personnel within a specialty area.
“Work experience coordinator” plans and implements sequential secondary programs that provide on– and off–campus work experience for individuals requiring specially designed career exploration and vocational preparation when they are not available through the general education curriculum.
“Others (other special education support personnel)” may be employed as approved by the department and board of educational examiners.
281—41.403(256B) Paraprofessionals.
41.403(1) Responsibilities. Special education personnel may be employed to assist in the provision of special education and related services to children with disabilities and shall:
a. Complete appropriate preservice and ongoing staff development specific to the functions to be performed. The agency shall make provisions for or require such completion prior to the beginning of service wherever practicable and within a reasonable time of the beginning of service where the preentry completion is not practicable.
b. Work under the supervision of professional personnel who are appropriately authorized to provide direct services in the same area where the paraprofessional provides assistive services.
c. Not serve as a substitute for appropriately authorized professional personnel.
41.403(2) Authorized special education paraprofessionals. Authorized special education paraprofessional roles include:
“Audiometrist” provides hearing screening and other specific hearing–related activities as assigned by the audiologist.
“Licensed practical nurse” shall be permitted to provide supportive and restorative care to an eligible individual in the school setting in accordance with the student’s health plan when under the supervision of and as delegated by the registered nurse employed by the school district.
“Occupational therapy assistant” is licensed to perform occupational therapy procedures and related tasks that have been selected and delegated by the supervising occupational therapist.
“Para–educator” is a licensed educational assistant as defined in Iowa Code section 272.12.
“Physical therapist assistant” is licensed to perform physical therapy procedures and related tasks that have been selected and delegated by the supervising physical therapist.
“Psychology assistant” collects screening data through records review, systematic behavior observations, standardized interviews, group and individual assessment techniques; implements psychological intervention plans; and maintains psychological records under supervision of the school psychologist.
“Speech–language pathology assistant” provides certain language, articulation, voice and fluency activities as assigned by the supervising speech–language pathologist.
“Vision assistant” provides materials in the appropriate medium for use by individuals with visual impairment including blindness and performs other duties as assigned by the supervising teacher of individuals with visual impairments.
“Others” as approved by the department, such as educational assistants described in the Iowa Administrative Code at 281—subrule 12.4(9).
281—41.404(256B) Policies and procedures required of all public agencies.
41.404(1) Policies. Policies related to the provision of special education and related services shall be developed by each public agency and made available to the department upon request to include the following:
a. Policy to ensure the provision of a free appropriate public education.
b. Policy for the provision of special education and related services.
c. Policies to ensure the provision of special education and related services in the least restrictive environment.
d. Policy concerning the protection of confidentiality of personally identifiable information.
e. Policy concerning graduation requirements for eligible individuals.
f. Policy concerning administration of medications including a written medication administration record.
g. Policy for the provision of special health services.
h. Policy to ensure the participation of eligible individuals in districtwide assessment programs.
41.404(2) Procedures. Each public agency shall develop written procedures concerning the provision of special education and related services and shall make such procedures available to the department upon request and shall, at a minimum, include:
a. Procedures to ensure the provision of special education and related services.
b. Procedures for protecting the confidentiality of personally identifiable information.
c. Procedures for the graduation of eligible individuals.
d. Procedures for administration of medications including a written medication administration record.
e. Procedures for providing special health services.
f. Procedures for providing continuing education opportunities.
g. A procedure for its continued participation in the development of the eligible individual’s IEP in out–of–state placements and shall outline a program to prepare for the eligible individual’s transition back to the LEA before the eligible individual is placed out of state.
h. Procedures for ensuring procedural safeguards for children with disabilities and their parents.
i. Procedures to ensure the participation of eligible individuals in districtwide assessment programs.
41.404(3) Medication administration. Each agency shall establish medication administration policy and procedures, which include the following:
a. A statement on administration of prescription and nonprescription medication.
b. A statement on an individual health plan when administration requires ongoing professional health judgment.
c. A statement that persons administering medication shall include authorized practitioners, such as licensed registered nurses and physicians, and persons to whom authorized practitioners have delegated the administration of prescription drugs (who shall have successfully completed a medication administration course). Individuals who have demonstrated competency in administering their own medications may self–administer their medication. Individuals shall self–administer asthma or other airway constricting disease medication with parent and physician consent on file, without the necessity of demonstrating competency to self–administer these medications.
d. Provision for a medication administration course and periodic update. A registered nurse or licensed pharmacist shall conduct the course. A record of course completion shall be maintained by the school.
e. A requirement that the individual’s parent provide a signed and dated written statement requesting medication administration at school.
f. A statement that medication shall be in the original labeled container either as dispensed or in the manufacturer’s container.
g. A written medication administration record shall be on file at the school and shall include:
(1) Date.
(2) Individual’s name.
(3) Prescriber or person authorizing administration.
(4) Medication.
(5) Medication dosage.
(6) Administration time.
(7) Administration method.
(8) Signature and title of the person administering medication.
(9) Any unusual circumstances, actions or omissions.
h. A statement that medication shall be stored in a secured area unless an alternate provision is documented.
i. A requirement for a written statement by the individual’s parent or guardian requesting the individual’s coadministration of medication, when competency is demonstrated.
j. A requirement for emergency protocols for medication–related reactions.
k. A statement regarding confidentiality of information.
41.404(4) Rule of construction. Any public agency is required to adopt any policy and procedure necessary to comply with Part B of the Act and this chapter, even if such a policy or procedure is not listed in this rule.
281—41.405(256B) Special health services. Some eligible individuals need special health services to participate in an educational program. These individuals shall receive special health services along with their educational program.
41.405(1) Definitions. The following definitions shall be used in this rule, unless the context otherwise requires:
“Assignment and delegation” occurs when licensed health personnel, in collaboration with the education team, determine the special health services to be provided and the qualifications of individuals performing the health services. Primary consideration is given to the recommendation of the licensed health personnel. Each designation considers the individual’s special health service. The rationale for the designation is documented.
“Coadministration” is the eligible individual’s participation in the planning, management and implementation of the individual’s special health service and demonstration of proficiency to licensed health personnel.
“Educational program” includes all school curricular programs and activities both on and off school grounds.
“Education team” may include the eligible individual, the individual’s parent, administrator, teacher, licensed health personnel, and others involved in the individual’s educational program.
“Health assessment” is health data collection, observation, analysis, and interpretation relating to the eligible individual’s educational program.
“Health instruction” is education by licensed health personnel to prepare qualified designated personnel to deliver and perform special health services contained in the eligible individual’s health plan. Documentation of education and periodic updates shall be on file at school.
“Individual health plan” is the confidential, written, preplanned and ongoing special health service in the educational program. It includes assessment, planning, implementation, documentation, evaluation and a plan for emergencies. The plan is updated as needed and at least annually. Licensed health personnel develop this written plan with the education team.
“Licensed health personnel” includes licensed registered nurse, licensed physician, and other licensed health personnel legally authorized to provide special health services and medications.
“Prescriber” means licensed health personnel legally authorized to prescribe special health services and medications.
“Qualified designated personnel” means a person instructed, supervised and competent in implementing the eligible individual’s health plan.
“Special health services” includes, but is not limited to, services for eligible individuals whose health status (stable or unstable) requires:
1. Interpretation or intervention,
2. Administration of health procedures and health care, or
3. Use of a health device to compensate for the reduction or loss of a body function.
“Supervision” is the assessment, delegation, evaluation and documentation of special health services by licensed health personnel. Levels of supervision include situations in which:
1. Licensed health personnel are physically present.
2. Licensed health personnel are available at the same site.
3. Licensed health personnel are available on call.
41.405(2) Special health services policy. Each board of a public school or the authorities in charge of an accredited nonpublic school shall, in consultation with licensed health personnel, establish policy and guidelines for the provision of confidential special health services in conformity with this chapter. Such policy and guidelines shall address and contain:
a. Licensed health personnel shall provide special health services under the auspices of the school. Duties of the licensed health personnel include:
(1) Participating as a member of the education team.
(2) Providing the health assessment.
(3) Planning, implementing and evaluating the written individual health plan.
(4) Planning, implementing and evaluating special emergency health services.
(5) Serving as a liaison and encouraging participation and communication with health service agencies and individuals providing health care.
(6) Providing health consultation, counseling and instruction with the eligible individual, the individual’s parent and the staff in cooperation and conjunction with the prescriber.
(7) Maintaining a record of special health services. The documentation shall include the eligible individual’s name, special health service, prescriber or person authorizing, date and time, signature and title of the person providing the special health service and any unusual circumstances in the provision of such services.
(8) Reporting unusual circumstances to the parent, school administration, and prescriber.
(9) Assigning and delegating to, instructing, providing technical assistance to and supervising qualified designated personnel.
(10) Updating knowledge and skills to meet special health service needs.
b. Prior to the provision of special health services the following shall be on file:
(1) Written statement by the prescriber detailing the specific method and schedule of the special health service, when indicated.
(2) Written statement by the individual’s parent requesting the provision of the special health service.
(3) Written report of the preplanning staffing or meeting of the education team.
(4) Written individual health plan available in the health record and integrated into the IEP.
c. Licensed health personnel, in collaboration with the education team, shall determine the special health services to be provided and the qualifications of the individuals performing the special health services. The documented rationale shall include the following:
(1) Analysis and interpretation of the special health service needs, health status stability, complexity of the service, predictability of the service outcome and risk of improperly performed service.
(2) Determination that the special health service, task, procedure or function is part of the person’s job description.
(3) Determination of the assignment and delegation based on the individual’s needs.
(4) Review of the designated person’s competency.
(5) Determination of initial and ongoing level of supervision required for quality services.
d. Licensed health personnel shall supervise the special health services, define the level of supervision and document the supervision.
e. Licensed health personnel shall instruct qualified designated personnel to deliver and perform special health services contained in the eligible individual health plan. Documentation of instruction and periodic updates shall be on file at the school.
f. Parents shall provide the usual equipment, supplies and necessary maintenance of the equipment. The equipment shall be stored in a secure area. The personnel responsible for the equipment shall be designated in the individual health plan. The individual health plan shall designate the role of the school, parents and others in the provision, supply, storage and maintenance of necessary equipment.
281—41.406(256B) Additional requirements of LEAs. The following provisions are applicable to each LEA that provides special education and related services.
41.406(1) Policies. Each LEA shall develop written policies pertinent to the provision of special education and related services and shall make such policies available to the department upon request. At a minimum, such policies shall include those identified in subrule 41.404(1).
41.406(2) Procedures. Each LEA shall develop written procedures pertinent to the provision of special education and related services and shall make such procedures available to the department upon request. At a minimum, such procedures shall include those identified in subrule 41.404(2).
41.406(3) Plans. Districtwide plans required by the department or federal programs and regulations shall address eligible individuals and describe the relationship to or involvement of special education services.
41.406(4) Nonpublic schools. Each LEA shall provide special education and related services designed to meet the needs of nonpublic school students with disabilities residing in the jurisdiction of the agency in accordance with Iowa Code sections 256.12(2) and 273.2.
281—41.407(256B,273,34CFR300) Additional requirements of AEAs. The following provisions are applicable to each AEA that provides special education and related services.
41.407(1) Policies. Each AEA shall develop written policies pertinent to the provision of special education and related services and shall make such policies available to the department upon request. At a minimum, such policies shall include those identified in 41.404(1)“a” to “g” and the following:
a. Policy regarding appointment of surrogate parents.
b. Policy regarding provision of and payment for independent educational evaluations.
c. Policy to ensure the goal of providing a full educational opportunity to all eligible individuals.
d. Policy addressing the methods of ensuring services to eligible individuals.
e. Child find policy that ensures that individuals with disabilities who are in need of special education and related services are identified, located and evaluated.
f. A policy that meets the requirements of these rules for evaluating and determining eligibility of students who require special education, including a description of the extent to which the AEA system uses categorical designations. While AEAs may identify students as eligible for special education without designating a specific disability category, it is recognized that in certain circumstances the identification of a specific disability may enhance the development and ongoing provision of an appropriate educational program.
g. Policy for the development, review and revision of IEPs.
h. Policy for transition from Part C to Part B.
i. Policy for provision of special education and related services to students in accredited, nonpublic schools.
41.407(2) Procedures. Each AEA shall develop written procedures pertinent to the provision of special education and related services, and shall make such procedures available to the department upon request. At a minimum, such procedures shall include those identified in subrule 41.404(2) and the following:
a. Appointment of surrogate parents.
b. Provision of and payment for independent educational evaluations.
c. Procedures for monitoring the caseloads of LEA and AEA special education personnel to ensure that the IEPs of eligible individuals are able to be fully implemented. The description shall include the procedures for timely and effective resolution of concerns about caseloads and paraprofessional assistance that have not been resolved satisfactorily pursuant to 41.408(2)“b”(3).
d. Procedures for evaluating the effectiveness of services in meeting the needs of eligible individuals in order to receive federal assistance.
e. Child find procedures that ensure that individuals with disabilities who are in need of special education and related services are identified, located and evaluated.
f. Evaluation and determination of eligibility procedures for identifying students who require special education that meet the requirements of these rules, including a description of the extent to which the AEA system uses categorical designations.
g. Procedures for the development, review and revision of IEPs.
h. Procedures to ensure the provision of special education and related services in the least restrictive environment.
i. Procedures for transition from Part C to Part B.
j. Procedures for provision of special education and related services to students in accredited, nonpublic schools.
k. Procedures describing the methods of ensuring services to eligible individuals.
41.407(3) Responsibility for monitoring of compliance. The AEA shall conduct activities in each constituent LEA to monitor compliance with the provisions of all applicable federal and state statutes and regulations and rules applicable to the education of eligible individuals. A written report describing the monitoring activities, findings, corrective action plans, follow–up activities, and timelines shall be developed and made available for review by the department upon request. Monitoring of compliance activities shall be as directed by the department.
41.407(4) Educate and inform. The AEA shall provide the department with a description of proactive steps to inform and educate parents, AEA and LEA staff regarding eligibility, identification criteria and process, and due process steps to be followed when parents disagree regarding eligibility.
41.407(5) Coordination of services. The AEA shall provide the department with a description of how the AEA identification process and LEA delivery systems for instructional services will be coordinated.
281—41.408(256B,273,34CFR300) Instructional services.
41.408(1) General. Instructional services are the specially designed instruction and accommodations provided by special education instructional personnel to eligible individuals. These services are ordinarily provided by the LEA but, in limited circumstances, may be provided by another LEA, the AEA or another recognized agency through contractual agreement. An agency must use the procedure and criteria described in subrule 41.408(2) for creating a delivery system for instructional services.
41.408(2) Delivery system. An agency shall use the following development process for creating a system for delivering instructional services.
a. The delivery system shall meet this chapter’s requirements relating to a continuum of services and placements, shall address the needs of eligible individuals aged 3 to 21, and shall provide for the following:
(1) The provision of accommodations and modifications to the general education environment and program, including settings and programs in which eligible individuals aged 3 through 5 receive specially designed instruction, including modification and adaptation of curriculum, instructional techniques and strategies, and instructional materials.
(2) The provision of specially designed instruction and related activities through cooperative efforts of special education teachers and general education teachers in the general education classroom.
(3) The provision of specially designed instruction on a limited basis by a special education teacher in the general classroom or in an environment other than the general classroom, including consultation with general education teachers.
(4) The provision of specially designed instruction to eligible individuals with similar special education instructional needs organized according to the type of curriculum and instruction to be provided, and the severity of the educational needs of the eligible individuals served.
b. The delivery system shall be described in writing and shall include the following components:
(1) A description of how services will be organized and how services will be provided to eligible individuals consistent with the requirements of this chapter, and the provisions described in 41.408(2)“a.”
(2) A description of how the caseloads of special education teachers will be determined and regularly monitored to ensure that the IEPs of eligible individuals are able to be fully implemented.
(3) A description of the procedures a special education teacher can use to resolve concerns about caseload. The procedures shall specify timelines for the resolution of a concern and identify the person to whom a teacher reports a concern. The procedures shall also identify the person or persons who are responsible for reviewing a concern and rendering a decision, including the specification of any corrective actions.
(4) A description of the process used to develop the system, including the composition of the group responsible for its development.
(5) A description of the process that will be used to evaluate the effectiveness of the system.
(6) A description of how the delivery system will meet the targets identified in the state’s performance plan, described in this chapter.
(7) A description of how the delivery system will address needs identified by the state in any determination made under this chapter.
c. The following procedures shall be followed by the agency:
(1) Before initiating the development of the delivery system, the LEA board shall approve such action and the LEA personnel and parents who will participate in the development of the alternative.
(2) The delivery system shall be developed by a group of individuals that includes parents of eligible individuals, special education and general education teachers, administrators, and at least one AEA representative. The AEA representative shall be selected by the director.
(3) The director shall verify that the delivery system is in compliance with these rules prior to LEA board adoption.
(4) Prior to presenting the delivery system to the LEA board for adoption, the group responsible for its development shall provide an opportunity for comment on the system by the general public. In presenting the delivery system to the LEA board for adoption, the group shall describe the comment received from the general public and how the comment was considered.
(5) The LEA board shall approve the system prior to implementation.
d. The procedure presented in subrule 41.907(9) shall be followed in applying the weighting plan for special education instructional funds described in Iowa Code section 256B.9 to any delivery system developed under these provisions.
e. An LEA shall review, revise, and readopt its delivery system using the procedures identified in paragraph “c” of this subrule at least every five years, or sooner if required by the state in conjunction with any determination made under this chapter.
f. An LEA shall make the document describing its delivery system readily available to LEA personnel and members of the public.
g. A director may grant an adjusted caseload status for good cause shown, if an LEA submits a request to the AEA for such status because class size, including the size of a class served by a teacher employed less than full–time, exceeds those limits specified in the portion of the plan required by 41.408(2)“b”(2).
281—41.409(256B,34CFR300) Support services. Support services are the specially designed instruction and activities that augment, supplement or support the educational program of eligible individuals. These services include special education consultant services, educational strategist services, audiology, occupational therapy, physical therapy, school psychology, school social work services, special education nursing services, and speech–language services. Support services are usually provided by the AEA but may be provided by contractual agreement, subject to the approval of the board, by another qualified agency.
281—41.410(256B,34CFR300) Itinerant services. Special education may be provided to eligible individuals on an itinerant basis.
41.410(1) School based. Special education may be provided on an itinerant basis whenever the number, age, severity, or location of eligible individuals to be served does not justify the provision of professional personnel on a full–time basis to an attendance center. These services are usually provided by the AEA but may be provided by contractual agreement, subject to the approval of the AEA board, by the LEA or another qualified agency.
41.410(2) Home service or hospital service. Special education shall be provided to eligible individuals whose condition precludes their participation in the general and special education provided in schools or related facilities. Home or hospital instructional services shall in ordinary circumstances be provided by the LEA but may be provided by contractual agreement, subject to the approval of the LEA board, by the AEA or another qualified agency. Home or hospital support or related services are usually provided by the AEA but may be provided by contractual agreement, subject to the approval of the AEA board, by the LEA or another qualified agency. The provision of services in a home or hospital setting shall satisfy the following:
a. The service and the location of the service shall be specified in the individual’s IEP.
b. The status of these individuals shall be periodically reviewed to substantiate the continuing need for and the appropriateness of the service.
c. Procedural safeguards shall be afforded to individuals receiving special education through itinerant services in a home or hospital setting. A need for itinerant services in a home or hospital setting must be determined at a meeting to develop or revise the individual’s IEP, and parents must give consent or be given notice, as appropriate.
281—41.411(256B,34CFR300) Related services, supplementary aids and services. Related services and supplementary aids and services shall be provided to an eligible individual in accordance with an IEP. Such services that are also support services under rule 41.409(256B,34CFR300) are usually provided by the AEA but may be provided by contractual agreement, subject to the approval of the board, by another qualified agency. Other such services are usually provided by the LEA but may be provided by contractual agreement, subject to the approval of the board, by another qualified agency.
281—41.412(256B,34CFR300) Transportation. Transportation of eligible individuals shall generally be provided as for other individuals, when appropriate. Specialized transportation of an eligible individual to and from a special education instructional service is a function of that service and, therefore, an appropriate expenditure of special education instructional funds generated through the weighting plan. Transportation includes travel to and from school and between schools; travel in and around school buildings; and specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a child with a disability.
41.412(1) Special arrangements. Transportation of an eligible individual to and from a special education support service is a function of that service, shall be specified in the IEP, and be considered an appropriate expenditure of funds generated for special education support services. When, because of an eligible individual’s educational needs or because of the location of the program, the IEP team determines that unique transportation arrangements are required and the arrangements are specified in the IEP, the resident LEA shall be required to provide one or more of the following transportation arrangements for instructional services and the AEA for support services:
a. Transportation from the eligible individual’s residence to the location of the special education services and back to the individual’s residence, or child care placement for eligible individuals below the age of six.
b. Special assistance or adaptations in getting the eligible individual to and from and on and off the vehicle, en route to and from the special education services.
c. Reimbursement of the actual costs of transportation when by mutual agreement the parents provide transportation for the eligible individual to and from the special education services.
d. Agencies are not required to provide reimbursement to parents who elect to provide transportation in lieu of agency–provided transportation.
41.412(2) Responsibility for transportation.
a. The AEA shall provide the cost of transportation of eligible individuals to and from special education support services. The AEA shall provide the cost of transportation necessary for the provision of special education support services to nonpublic school eligible individuals if the cost of that transportation is in addition to the cost of transportation provided for special education instructional services.
b. When individuals enrolled in nonpublic schools are dually enrolled in public schools to receive special education instructional services, transportation provisions between nonpublic and public attendance centers will be the responsibility of the school district of residence.
c. Transportation of individuals, when required for educational diagnostic purposes, is a special education support service and, therefore, an appropriate expenditure of funds generated for special education support services.
41.412(3) Purchase of transportation equipment. When it is necessary for an LEA to purchase equipment to transport eligible individuals to special education instructional services, this equipment shall be purchased from the LEA’s general fund. The direct purchase of transportation equipment is not an appropriate expenditure of special education instructional funds generated through the weighting plan. A written schedule of depreciation for this transportation equipment shall be developed by the LEA. An annual charge to special education instructional funds generated through the weighting plan for depreciation of the equipment shall be made and reported as a special education transportation cost in the LEA Certified Annual Report. Annual depreciation charges, except in unusual circumstances, shall be calculated by the LEA according to the directions provided with the Annual Transportation Report and adjusted to reflect the proportion of special education mileage to the total annual mileage.
41.412(4) Lease of transportation equipment. An LEA may elect to lease equipment to transport eligible individuals to special education instructional services. Cost of the lease, or that portion of the lease attributable to special education transportation expense, shall be considered a special education transportation cost and reported in the LEA Certified Annual Report.
41.412(5) Transportation equipment safety standards. All transportation equipment, either purchased or leased by an LEA to transport eligible individuals to special education instructional services or provided by an AEA, must conform to the transportation equipment safety and construction standards contained in 281—Chapters 43 and 44.
41.412(6) Transportation for students in interdistrict and intradistrict school choice programs, such as open enrollment. The following provisions apply to the transportation of eligible individuals who participate in school choice programs.
a. A parent who elects to have an eligible individual attend another school within an LEA may be required by the LEA to provide transportation to that eligible individual, even if transportation is listed on the eligible individual’s IEP as a service.
b. If a parent elects to have an eligible individual with transportation listed as a service on the individual’s IEP attend a school in a different LEA under the open enrollment provisions of Iowa Code section 282.18 and Iowa Administrative Code 281—Chapter 17, and the resident district informs the parent it will not be providing transportation for the eligible individual to the receiving district, a parent who chooses to proceed with open enrollment will be deemed, as a matter of law, to have waived the transportation listed as a service on the IEP.
c. If a parent of an eligible individual with transportation listed as a service on the individual’s IEP elects to have the eligible individual attend a school in a different LEA under the open enrollment provisions of Iowa Code section 282.18 and Iowa Administrative Code 281—Chapter 17, and the resident district elects to provide that transportation as a service, such transportation as a related service may be provided by the resident district, regardless of consent granted or refused by the receiving district and notwithstanding any other statute or rule to the contrary.
d. If a parent of an eligible individual with transportation listed as a service on the individual’s IEP elects to have the eligible individual attend a school in a different LEA under the open enrollment provisions of Iowa Code section 282.18 and Iowa Administrative Code 281—Chapter 17, and the receiving district elects to provide that transportation as a service, such transportation as a related service may be provided by the receiving district, regardless of consent granted or refused by the resident district and notwithstanding any other statute or rule to the contrary, but the costs of such transportation shall not be paid by the individual’s resident district.
e. If an eligible individual’s placement team proposes placement in a district other than the district of residence based on a tuition arrangement, regardless of whether the eligible individual’s IEP lists transportation as a related service, and the other district agrees to accept the eligible individual as an open enrollment student but not as a tuition student, the receiving district must provide transportation as a related service, regardless of consent granted or refused by the receiving district and notwithstanding any other statute or rule to the contrary.
f. Except as expressly provided in this subrule, nothing in this subrule creates or expands any right, license, or privilege concerning transportation of persons who are not eligible individuals or transportation of eligible individuals who do not have transportation listed as a service on an IEP.
281—41.413(256,256B,34CFR300) Additional rules relating to accredited nonpublic schools.
41.413(1) State and local funds under Iowa Code section 256.12. State and local funds expended to provide special education and related services to eligible individuals who receive special education and related services in accredited nonpublic schools under Iowa Code section 256.12 must be expended on services, including materials and equipment, that are secular, neutral, and nonideological and, unless a provision of section 256.12 specifically requires the contrary, are subject to the restrictions contained in rules 41.138(256,256B,34CFR300) to 41.144(256,256B,34CFR300).
41.413(2) Placements by public agencies. State and local funds expended to provide special education and related services to eligible individuals who receive special education and related services in accredited nonpublic schools pursuant to a placement made or referred by a public agency pursuant to rules 41.145(256B,34CFR300) to 41.147(256B,34CFR300) must be expended on services, including materials and equipment, that are secular, neutral, and nonideological and, unless a provision of law specifically requires the contrary, are subject to the restrictions contained in rules 41.138(256,256B,34CFR300) to 41.144(256, 256B,34CFR300).
281—41.414 to 41.499 Reserved.
DIVISION VII
PROCEDURAL SAFEGUARDS
281—41.500(256B,34CFR300) Responsibility of SEA and other public agencies. The department shall ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of rules 41.500(256B,34CFR300) to 41.536(256B,34CFR300).
281—41.501(256B,34CFR300) Opportunity to examine records; parent participation in meetings.
41.501(1) Opportunity to examine records. The parents of a child with a disability must be afforded, in accordance with the procedures of rules 41.613(256B,34CFR300) to 41.621(256B,34CFR300), an opportunity to inspect and review all education records with respect to:
a. The identification, evaluation, and educational placement of the child; and
b. The provision of FAPE to the child.
41.501(2) Parent participation in meetings.
a. The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to:
(1) The identification, evaluation, and educational placement of the child; and
(2) The provision of FAPE to the child.
b. Each public agency must provide notice consistent with 41.322(1)“a” and 41.322(2)“b” to ensure that parents of children with disabilities have the opportunity to participate in meetings described in 41.501(2)“a.”
c. A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.
41.501(3) Parent involvement in placement decisions.
a. Each public agency must ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of the parent’s child.
b. In implementing the requirements of 41.501(3)“a,” the public agency must use procedures consistent with the procedures described in 41.322(1) to 41.322(2)“a.”
c. If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the public agency must use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.
d. A placement decision may be made by a group without the involvement of a parent, if the public agency is unable to obtain the parent’s participation in the decision. In this case, the public agency must have a record of its attempt to ensure parental involvement.
281—41.502(256B,34CFR300) Independent educational evaluation.
41.502(1) General.
a. The parents of a child with a disability have the right to obtain an independent educational evaluation of the child, subject to subrules 41.502(2) to 41.502(5).
b. Each public agency must provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and the agency criteria applicable for independent educational evaluations as set forth in subrule 41.502(5).
c. For the purposes of this division:
(1) “Independent educational evaluation” means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question; and
(2) “Public expense” means that the AEA either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.
41.502(2) Parent right to evaluation at public expense.
a. A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the AEA, subject to the conditions in 41.502(2)“b” to “d.”
b. If a parent requests an independent educational evaluation at public expense, the AEA must, without unnecessary delay, either:
(1) File a due process complaint to request a hearing to show that its evaluation is appropriate; or
(2) Ensure that an independent educational evaluation is provided at public expense, unless the AEA demonstrates in a hearing pursuant to these rules that the evaluation obtained by the parent did not meet agency criteria.
c. If the AEA files a due process complaint notice to request a hearing and the final decision is that the AEA’s evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.
d. If a parent requests an independent educational evaluation, the AEA may ask for the parent’s reason why the parent objects to the public evaluation. However, the AEA may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.
e. A parent is entitled to only one independent educational evaluation at public expense each time a public agency conducts an evaluation with which the parent disagrees.
41.502(3) Parent–initiated evaluations. If the parent obtains an independent educational evaluation at public expense or shares with a public agency an evaluation obtained at private expense, the results of the evaluation:
a. Must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child; and
b. May be presented by any party as evidence at a hearing on a due process complaint under this chapter regarding that child.
41.502(4) Requests for evaluations by administrative law judges. If an administrative law judge requests an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense.
41.502(5) Agency criteria.
a. If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an independent educational evaluation.
b. Except for the criteria described in 41.502(5)“a,” a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.
c. Each AEA shall establish policy and procedures for implementing this rule.
281—41.503(256B,34CFR300) Prior notice by the public agency; content of notice.
41.503(1) Notice. Written notice that meets the requirements of subrule 41.503(2) must be given to the parents of a child with a disability within a reasonable time before the public agency:
a. Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or
b. Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.
41.503(2) Content of notice. The notice required under subrule 41.503(1) must include the following:
a. A description of the action proposed or refused by the agency;
b. An explanation of why the agency proposes or refuses to take the action;
c. A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
d. A statement that the parents of a child with a disability have protection under the procedural safeguards of this chapter and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;