192 sections in this chapter.
R.281—120.1 Purposes and outcomes of the Early ACCESS Integrated System of Early
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Intervention Services. 120.1(1) Establishment of Early ACCESS Integrated System of Early Intervention Services. This chapter establishes Iowa’s Early ACCESS Integrated System of Early Intervention Services, which is Iowa’s implementation of Part C of the Individuals with Disabili…
R.281—120.10 Developmental delay. “Developmental delay,” when used with respect to a
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child residing in a state, has the meaning given that term by the state under rule 281—120.111(34CFR303). [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.101 State eligibility—requirements for a grant under Part C of the Act. In
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order to be eligible for a grant under Part C of the Act for any fiscal year, the state must meet the following conditions: 120.101(1) Assurances regarding early intervention services and a statewide system. The state must provide the following assurances to the Secretary that: a…
R.281—120.102 State conformity with Part C of the Act. Each state that receives funds under
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Part C of the Act must ensure that any state rules, regulations, and policies relating to this chapter conform to the purposes and requirements of 34 CFR Part 303. [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.103 and 120.104
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R.281—120.105 Positive efforts to employ and advance qualified individuals with
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disabilities. Each recipient of assistance under Part C of the Act must make positive efforts to employ and advance in employment qualified individuals with disabilities in programs assisted under Part C of the Act. [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.106 to 120.109
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R.281—120.11 Early intervention service program. “Early intervention service program”
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or “EIS program” means an entity designated by the lead agency for reporting under rules
R.281—120.110 Minimum components of a statewide system. Each statewide system
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(system) must include, at a minimum, the components described in rules 281—120.111(34CFR303) through 281—120.126(34CFR303). [ARC 7805C, IAB 4/17/24, effective 5/22/24] 281—120.111(34CFR303) State definition of developmental delay. The system must include the state’s rigorous defi…
R.281—120.111 through 281—120.126(34CFR303)
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120.101(2) State application and assurances. The state must provide information and assurances to the Secretary, in accordance with 34 CFR §303.200 through 34 CFR §303.236, including: a. Information that shows that the state meets the application requirements in rules
R.281—120.112 Availability of early intervention services. Each system must include a
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state policy that is in effect and that ensures that appropriate early intervention services are based on scientifically based research, to the extent practicable, and are available to all infants and toddlers with disabilities and their families, including: 120.112(1) Indian inf…
R.281—120.113 Evaluation, assessment, and nondiscriminatory procedures
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120.113(1) General. Subject to subrule 120.113(2), each system must ensure the performance of the following: a. A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the state; and b. A family-directed identificati…
R.281—120.114 Individualized family service plan (IFSP). Each system must ensure, for
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each infant or toddler with a disability and the infant’s or toddler’s family in the state, that an IFSP, as defined in rule 281—120.20(34CFR303), is developed and implemented that satisfies rules
R.281—120.115 Comprehensive child find system. Each system must include
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a comprehensive child find system that satisfies rules 281—120.302(34CFR303) and 281—120.303(34CFR303). [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.116 Public awareness program. Each system must include a public awareness
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program that focuses on the early identification of infants and toddlers with disabilities; and provides information to parents of infants and toddlers through primary referral sources in accordance with rule 281—120.301(34CFR303). [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.117 Central directory. Each system must include a central directory that is
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accessible to the general public (i.e., through the department’s website and other appropriate means) and includes accurate, up-to-date information about: 120.117(1) Public and private early intervention services, resources, and experts available in the state; 120.117(2) Professi…
R.281—120.118 Comprehensive system of personnel development (CSPD). Each system
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must include a comprehensive system of personnel development (CSPD), including the training of paraprofessionals and the training of primary referral sources with respect to the basic components of early intervention services available in the state. 120.118(1) Required elements. …
R.281—120.119 Personnel standards
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120.119(1) General. Each system must include policies and procedures relating to the establishment and maintenance of qualification standards to ensure that personnel necessary to carry out the purposes of this chapter are appropriately and adequately prepared and trained. 120.11…
R.281—120.12 Early intervention service provider
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120.12(1) General. “Early intervention service provider” or “EIS provider” means an entity (whether public, private, or nonprofit) or an individual that provides early intervention services under Part C of the Act, whether or not the entity or individual receives federal funds un…
R.281—120.120 Lead agency role in supervision, monitoring, funding, interagency
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coordination, and other responsibilities. Iowa’s system includes the designation of the Iowa department of education as lead agency, with a single line of responsibility for the following items: 120.120(1) General supervision. The department is responsible for the following: a. T…
R.281—120.121 Policy for contracting or otherwise arranging for services. Each system
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must include a policy pertaining to the contracting or making of other arrangements with public or private individuals or agency service providers to provide early intervention services in the state, consistent with the provisions of Part C of the Act, including the contents of t…
R.281—120.122 Reimbursement procedures. Each system must include procedures for
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securing the timely reimbursement of funds used under Part C of the Act, in accordance with rules 281—120.500(34CFR303) through 281—120.521(34CFR303). [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.123 Procedural safeguards. Each system must include procedural safeguards that
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satisfy rules 281—120.400(34CFR303) through 281—120.449(34CFR303). [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.124 Data collection
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120.124(1) General. Each statewide system must include a system for compiling and reporting timely and accurate data that satisfies subrule 120.124(2) and rules 281—120.700(34CFR303) through
R.281—120.125 State interagency coordinating council. Each system must include
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a state interagency coordinating council satisfying rules 281—120.600(34CFR303) through 281—120.605(34CFR303). [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.126 Early intervention services in natural environments. Each system must
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include policies and procedures to ensure, consistent with rule 281—120.13(34CFR303) (early intervention services), rule 281—120.26(34CFR303) (natural environments), and subrule 120.344(4) (content of an IFSP), that early intervention services for infants and toddlers with disabi…
R.281—120.127 to 120.200
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DIVISION IV STATE APPLICATION AND ASSURANCES
R.281—120.13 Early intervention services
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120.13(1) General. “Early intervention services” means developmental services that: a. Are provided under public supervision; b. Are selected in collaboration with the parents; c. Are provided at no cost, except, subject to rules 281—120.520(34CFR303) and 281—120.521(34CFR303), w…
R.281—120.14 Elementary school. “Elementary school” means a nonprofit institutional day
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or residential school, including a public elementary charter school, that provides elementary education, as determined under state law. [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.15 Free appropriate public education. “Free appropriate public education” or
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“FAPE,” as used in rule 281—120.521(34CFR303), 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 state educational agency (SEA), including the requirements o…
R.281—120.16 Health services
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120.16(1) General. “Health services” means services necessary to enable an otherwise eligible child to benefit from the other early intervention services under this chapter during the time that the child is eligible to receive early intervention services. 120.16(2) Examples of he…
R.281—120.17 Homeless children. “Homeless children” means children who meet the
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definition given the term “homeless children and youths” in Section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11431 et seq. [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.18 Include; including. “Include” or “including” means that the items named are
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not all of the possible items that are covered, whether like or unlike the ones named. [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.19 Indian; Indian tribe. “Indian” means an individual who is a member of an
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Indian tribe. “Indian tribe” means any federal or state Indian tribe, band, rancheria, pueblo, colony, community, or settlement, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S…
R.281—120.2 Applicability of this chapter. The provisions of this chapter apply to the Iowa
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department of education, as the state lead agency, the signatory agencies identified in subrule 120.39(15), and any early intervention service (EIS) provider that is part of the statewide system of early intervention, regardless of whether that EIS provider receives funds under P…
R.281—120.20 Individualized family service plan. “Individualized family service plan” or
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“IFSP” means a written plan for providing early intervention services to an infant or toddler with a disability under this chapter and the infant’s or toddler’s family that is based on the evaluation and assessment described in rule 281—120.321(34CFR303); that includes the conten…
R.281—120.200 through 281—120.212(34CFR303); and
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b. Assurances that the state also satisfies rules 281—120.221(34CFR303) through 281—120.227(34CFR303). 120.101(3) Approval before implementation. The state must obtain approval by the Secretary before implementing any policy or procedure required to be submitted as part of the st…
R.281—120.201 Designation of lead agency. Each application must include the designation of
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the department as the lead agency that will be responsible for the administration of funds provided under Part C of the Act. [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.202 Certification regarding financial responsibility. Each application must
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include a certification to the Secretary that the arrangements to establish financial responsibility for the provision of Part C services among appropriate public agencies under rule 281—120.511(34CFR303) and the lead agency’s contracts with EIS providers regarding financial resp…
R.281—120.203 Statewide system and description of services. Each application must include
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the following items: 120.203(1) Description of services. A description of services to be provided under this chapter to infants and toddlers with disabilities and their families through the state’s system; 120.203(2) Identification and coordination of resources. The state’s polic…
R.281—120.204 Reserved
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R.281—120.205 Description of use of funds
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120.205(1) General. Each application must include a description of the uses for funds under this chapter for the fiscal year or years covered by the application. The description must be presented separately for the lead agency and the council and include the information required …
R.281—120.206 Referral policies for specific children. Each application must include the
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state’s policies and procedures that require the referral for early intervention services under this chapter of specific children under the age of three, as described in subrule 120.303(2). [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.207 Availability of resources. Each application must include a description of the
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procedure used by the state to ensure that resources are made available under this chapter for all geographic areas within the state. [ARC 7805C, IAB 4/17/24, effective 5/22/24]
R.281—120.208 Public participation policies and procedures
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120.208(1) Application. At least 60 days prior to being submitted to the department, each application for funds (including any policies, procedures, descriptions, methods, certifications, assurances and other information required in the application) must be published in a manner …
R.281—120.209 Transition to preschool and other programs
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120.209(1) Application requirements. The department must include the following in its application: a. A description of the policies and procedures the state will use to ensure a smooth transition for infants and toddlers with disabilities under the age of three and their families…
R.281—120.21 Infant or toddler with a disability. “Infant or toddler with a disability” means
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an individual under three years of age who needs early intervention services because the individual: 120.21(1) Is experiencing a developmental delay, which is a 25 percent delay as measured by appropriate diagnostic instruments and procedures, in one or more of the following area…
R.281—120.210 Coordination with Head Start and Early Head Start, early education, and
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child care programs. Each application must contain a description of state efforts to promote collaboration among Head Start and Early Head Start programs under the Head Start Act (42 U.S.C. 9801 et seq.), early education and child care programs, and services under this chapter. T…
R.281—120.211 Reserved
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R.281—120.212 Additional information and assurances. The department’s application shall
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describe the steps the state is taking to ensure equitable access to, and equitable participation in, the Part C statewide system as required by Section 427(b) of GEPA and shall supply other information and assurances as the Secretary may reasonably require. [ARC 7805C, IAB 4/17/…