Chapter 120. EARLY ACCESS INTEGRATED SYSTEM OF EARLY INTERVENTION SERVICES

Act, 34 CFR Part 300, establishes special education for children with disabilities who are age three to the maximum age in Iowa Code section 256B.8. Part B of the Act includes early childhood special education under Section 619 of the Act. Part C of the Act, 34 CFR Part 303, esta…

subrule 120.400(3), the department must: 120.400(1) Establish or adopt the procedural safeguards that satisfy this division, including the provisions on confidentiality in rules 281—120.401(34CFR303) through 281—120.417(34CFR303), parental consent and notice in rules 281—120.420(…

120.401(1) General. The state must ensure that the parents of a child referred under this chapter are afforded the right to confidentiality of personally identifiable information, including the right to written notice of, and written consent to, the exchange of that information a…

Section 444 of GEPA, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected, maintained, or used by the Secretary and by all lead agencies and EIS providers pursuant to Part C of the Act and consistent with rules 28…

281— 120.402(34CFR303) through 281—120.417(34CFR303) in addition to the definition of “personally identifiable information” in rule 281—120.29(34CFR303) and the definition of “disclosure” in 34 CFR 99.3: 120.403(1) “Destruction” means physical destruction of the record or ensurin…

child is referred under Part C of the Act that is adequate to fully inform parents about rule 281—120.402(34CFR303), including: 120.404(1) A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the sta…

120.405(1) General. Each participating agency must permit parents to inspect and review any early intervention records relating to their children that are collected, maintained, or used by the agency under this chapter. The agency must comply with a parent’s request to inspect an…

obtaining access to early intervention records collected, maintained, or used under Part C of the Act (except access by parents and authorized representatives and employees of the participating agency), including the name of the party, the date access was given, and the purpose f…

information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

provide parents, on request, a list of the types and locations of early intervention records collected, maintained, or used by the agency. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

120.409(1) General. Each participating agency may charge a fee for copies of records that are made for parents under this chapter if the fee does not effectively prevent the parents from exercising their right to inspect and review those records, except as provided in subrule 120…

120.410(1) Parent permitted to request amendment. A parent who believes that information in the early intervention records collected, maintained, or used under this chapter is inaccurate, misleading, or violates the privacy or other rights of the child or parent may request that …

provide parents with the opportunity for a hearing to challenge information in their child’s early intervention records to ensure that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or parents. A parent may req…

120.412(1) Information to be amended. If, as a result of the hearing, the participating agency decides that the information is inaccurate, misleading or in violation of the privacy or other rights of the child or parent, the participating agency must amend the information accordi…

will be conducted according to the procedures under 34 CFR 99.22. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

120.414(1) General. Except as provided in subrule 120.414(2), prior parental consent must be obtained before personally identifiable information is: a. Disclosed to anyone other than authorized representatives, officials, or employees of participating agencies collecting, maintai…

personally identifiable information at the collection, maintenance, use, storage, disclosure, and destruction stages. One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information. All persons coll…

120.416(1) Notification to parent. The participating agency must inform parents when personally identifiable information collected, maintained, or used under this chapter is no longer needed to provide services to the child under Part C of the Act, the GEPA provisions in 20 U.S.C…

including sanctions and the right to file a complaint under rules 281—120.432(34CFR303) through 281—120.434(34CFR303), that the department uses to ensure that its policies and procedures, consistent with rules 281—120.401(34CFR303) through 281—120.417(34CFR303), are followed and …

120.420(1) General. The relevant agency must ensure parental consent is obtained before: a. Administering screening procedures under rule 281—120.320(34CFR303) that are used to determine whether a child is suspected of having a disability; b. All evaluations and assessments of a …

120.421(1) General. Prior written notice must be provided to parents a reasonable time before an agency or an EIS provider proposes, or refuses, to initiate or change the identification, evaluation, or placement of the parents’ infant or toddler or the provision of early interven…

120.422(1) General. The department or other public agency must ensure that the rights of a child are protected when: a. No parent (as defined in rule 281—120.27(34CFR303)) can be identified; b. The department or AEA, after reasonable efforts, cannot locate a parent; or c. The chi…

120.430(1) General. Each statewide system must include written procedures for the timely administrative resolution of complaints through mediation, state complaint procedures, and due process hearing procedures, described in subrules 120.430(2) through 120.430(6). 120.430(2) Medi…

120.431(1) General. The department must ensure that procedures are established and implemented to allow parties to disputes involving any matter under this chapter, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation p…

provisions adopted under subrule 120.430(4), and any timelines under those procedures. 120.421(3) Native language. a. The notice must be: (1) Written in language understandable to the general public; and (2) Provided in the native language, as defined in rule 281—120.25(34CFR303)…

120.435(1) Qualifications and duties. Whenever a due process complaint is received under subrule 120.430(4), the department will appoint an impartial administrative law judge (ALJ) to implement the complaint resolution process in this chapter. The person must: a. Have knowledge a…

120.436(1) General. The department must ensure that the parents of a child referred to or receiving Part C services are afforded the rights in subrule 120.436(2) in the due process hearing carried out under subrule 120.430(4). 120.436(2) Rights of parents. Any parent involved in …

120.437(1) Time and place. Any due process hearing conducted under this chapter must be carried out at a time and place that is reasonably convenient to the parents. 120.437(2) Timeline for ALJ decision. The department must ensure that, not later than 30 days after the receipt of…

to a due process complaint has the right to bring a civil action in state or federal court under Section 639(a)(1) of the Act. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

120.439(1) Limitation: due process complaints. A parent, agency, or EIS provider must request an impartial hearing on the due process complaint within two years of the date the parent, agency, or provider knew or should have known about the alleged action that forms the basis of …

procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other federal laws protecting the rights of children with disabilities, except that, before the filing of a civil action under the…

(parent or, in certain circumstances, public agency or EIS provider) in a due process hearing or a mediation conference to the extent those fees are available under the Act. No fees are available under the state complaint procedure in subrule 120.430(3). [ARC 7805C, IAB 4/17/24, …

provides for judicial enforcement of a written agreement reached as a result of a mediation, there is nothing in this chapter that would prevent the state from using other mechanisms to seek enforcement of that agreement, provided that use of those mechanisms is not mandatory and…

DIVISION VII USE OF FUNDS; PAYOR OF LAST RESORT 281—120.500(34CFR303) Use of funds, payor of last resort, and system of payments. 120.500(1) Statewide system. The statewide system must include written policies and procedures that satisfy the following: a. Use of funds provisions …

three years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

[ARC 7805C, IAB 4/17/24, effective 5/22/24]

281—120.120(34CFR303) through 281—120.122(34CFR303) and 281—120.220(34CFR303) through 281—120.226(34CFR303), the department may use funds under this chapter for activities or expenses that are reasonable and necessary for implementing Early ACCESS, including funds: 120.501(1) For…

281—120.510(34CFR303) Payor of last resort. 120.510(1) Nonsubstitution of funds. Except as provided in subrule 120.510(2), funds under this chapter may not be used to satisfy a financial commitment for services that would otherwise have been paid for from another public or privat…

[ARC 7805C, IAB 4/17/24, effective 5/22/24]

ACCESS services. 120.511(1) General. The state must ensure that it has in place methods for interagency coordination. Under these methods, the governor must ensure that the interagency agreement or other method for interagency coordination is in effect between the department and …

to pay for Early ACCESS services. 120.520(1) Use of public benefits or public insurance to pay for Early ACCESS services. a. The state may not use the public benefits or insurance of a child or parent to pay for Part C services unless the state provides written notification, cons…

the provision of, early intervention services under Part C of the Act within the state). 120.500(2) System of payments. The state may establish, consistent with subrules 120.13(1) and 120.203(2), a system of payments for early intervention services under Part C of the Act, includ…

DIVISION VIII STATE INTERAGENCY COORDINATING COUNCIL

“infant or toddler with a disability” as that term is defined in rule 281—120.21(34CFR303). [ARC 7805C, IAB 4/17/24, effective 5/22/24]

120.600(1) General. The state establishes a state interagency coordinating council, as defined in rule 281—120.8(34CFR303). 120.600(2) Appointment. The council must be appointed by the governor. The governor must ensure that the membership of the council reasonably represents the…