Chapter 120. EARLY ACCESS INTEGRATED SYSTEM OF EARLY INTERVENTION SERVICES

A hearing held under rule 281—120.411(34CFR303) 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…

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

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…

The department must have in effect the policies and procedures, including sanctions and the right to file a complaint under rules 281—120.432(34CFR303) through 281—120.434(34CFR303), that the department uses to ensure that its policies and procedures, consistent with rules 281—12…

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…

The state complaint procedures in rules 281—41.151(256B,34CFR300) through 281—41.153(256B,34CFR300), inclusive, are made applicable to this chapter by reference. [ARC 7805C, IAB 4/17/24, effective 5/22/24] 281—120.433 and 120.434 Reserved.

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…

Any party aggrieved by the findings and decision issued pursuant to a due process complaint has the right to bring a civil action in state or federal court under Section 639(a)(1) of the Act. [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 …

Nothing in this chapter restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other federal laws protecting the rights of children with disabilities, ex…

Reasonable attorney fees are available to a prevailing party (parent or, in certain circumstances, public agency or EIS provider) in a due process hearing or a mediation conference to the extent those fees are available under the Act. No fees are available under the state complai…

Notwithstanding subrule 120.431(2), which provides for judicial enforcement of a written agreement reached as a result of a mediation, there is nothing in this chapter that would prevent the state from using other mechanisms to seek enforcement of that agreement, provided that us…

“At-risk infant or toddler” means an individual under 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]

120.500(1) Statewide system. The statewide system must include written policies and procedures that satisfy the following: a. Use of funds provisions in rule 281—120.501(34CFR303); and b. Payor of last resort provisions in rules 281—120.510(34CFR303) through…

Consistent with rules 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…

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 private source, including any medical program admi…

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 each signatory ag…

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, consistent with paragraph 120.521(1)“c…

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, including a schedule of sliding fees or cost participation fees (such as copayments, premiums, …

“Child” means an individual under the age of six and may include an “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…

120.601(1) General. The council must be composed as follows: a. At least 20 percent of the members must be parents, including minority parents, of infants or toddlers with disabilities or children with disabilities aged 12 years or younger, with knowledge of, or experience with, …

120.602(1) Minimum number of meetings. The council will meet, at a minimum, on a quarterly basis, and in such places as it determines necessary. 120.602(2) Requirements for meetings. The meetings must: a. Be publicly announced sufficiently in advance of the dates they are to be h…

120.603(1) General. Subject to the approval by the governor, the council may use funds under this chapter to: a. Conduct hearings and forums; b. Reimburse members of the council for reasonable and necessary expenses for attending council meetings and performing council duties (in…

120.604(1) Advising and assisting the department. The council must advise and assist the department in the performance of the department’s responsibilities in Section 635(a)(10) of the Act, including: a. Identification of sources of fiscal and other support for services for early…

The council may carry out the following activities: 120.605(1) Advise and assist the department regarding the provision of appropriate services for children with disabilities from birth through age five. 120.605(2) Advise appropriate agencies in the state with respect to the inte…

120.7(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 the parent’s native language as defined in rule 281—120.25(34CFR…

120.700(1) General. The department must: a. Monitor the implementation of this chapter; b. Make determinations annually about the performance of each EIS program, using the categories identified in subrule 120.703(2); c. Enforce this chapter consistent with rule 281—120.704(34CFR…

120.701(1) General. The state must have in place a performance plan that satisfies Section 616 of the Act; is approved by the Secretary; and includes an evaluation of the state’s efforts to implement the requirements and purposes of Part C of the Act, a description of how the sta…

120.702(1) General. The state must use the targets established in the state’s performance plan under rule 281—120.701(34CFR303) and the priority areas described in subrule 120.700(4) to analyze the performance of each EIS program in implementing Part C of the Act. 120.702(2) Publ…

120.703(1) Review. The department shall annually review the performance of each EIS provider, including but not limited to data on indicators identified in the state’s performance plan, information obtained through monitoring visits, and any other public information made availabl…

120.704(1) Needs assistance. If the department determines, for two consecutive years, that an EIS provider needs assistance under paragraph 120.703(2)“b” in implementing the requirements of Part C of the Act, the department shall take one or more of the following actions: a. Advi…

120.705(1) General. As a consequence of a determination made under rule 281— 120.703(34CFR303) or enforcement of any provision of Part C of the Act and this chapter, the department may withhold some or all of the funds from an EIS provider or a program or service of an EIS provid…

Whenever the state receives notice that the Secretary is proposing to take or is taking an enforcement action pursuant to 34 CFR §303.704, the state must, by means of a public notice, take such measures as may be necessary to bring the pendency of an action pursuant to Section 61…

Nothing in this division may be construed to restrict the state from utilizing any other authority available to it to monitor and enforce the Act. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

In making the determinations required by subrule 120.703(2), in taking actions pursuant to rule 281—120.704(34CFR303), and in taking any other action under this chapter, the department may consider whether any agency or provider has complied with any other applicable state or fed…

120.720(1) General. The department must annually report to the Secretary and to the public on the information required by Section 618 of the Act at the times specified by the Secretary. 120.720(2) Manner of reporting. The department must submit the report to the Secretary in the …

120.721(1) Date of count. For the purposes of the annual report required by Section 618 of the Act and rule 281—120.720(34CFR303), the department must count and report the number of infants and toddlers receiving early intervention services on any date between October 1 and Decem…

120.722(1) Protection of identifiable data. The data described in Section 618(a) of the Act and in rule 281—120.721(34CFR303) must be publicly reported by the state in a manner that does not result in disclosure of data identifiable to individual children. 120.722(2) Sampling. If…