Chapter 120. EARLY ACCESS INTEGRATED SYSTEM OF EARLY INTERVENTION SERVICES

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…

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 integration of services for infants and todd…

DIVISION IX FEDERAL AND STATE MONITORING AND ENFORCEMENT; REPORTING; AND ALLOCATION OF FUNDS 281—120.700(34CFR303) State monitoring and enforcement. 120.700(1) General. The department must: a. Monitor the implementation of this chapter; b. Make determinations annually about the p…

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…

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

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…

120.124(2) Required description. The data system required in subrule 120.124(1) must include a description of the process that the state uses, or will use, to compile data on infants or toddlers with disabilities receiving early intervention services under this chapter, including…

performance. 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 …

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…

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 616(e) of the Act and 34 CFR §303.704 to the attention of t…

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]

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 federal law, …

281—120.720(34CFR303) Data requirements—general. 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 departmen…

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

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…

include in its report a certification signed by an authorized official of the department that the information provided under rule 281—120.721(34CFR303) is an accurate and unduplicated count of infants and toddlers with disabilities receiving early intervention services. [ARC 7805…

department. In addition to meeting the requirements of rules 281—120.721(34CFR303) through 281—120.723(34CFR303), the department must conduct its own child count or use EIS providers to complete its child count. If the department uses EIS providers to complete its child count, th…

DIVISION X OTHER PROVISIONS

interagency coordinating council that satisfies Division VIII of this chapter. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

120.801(1) Lead agency. The Iowa department of education was appointed lead agency on June 24, 1987. Responsibilities of the lead agency include: a. Developing and implementing policies and procedures regarding the types of information to be gathered and the policies and paramete…

agency and shall be reviewed and approved by the signatory agencies. The process shall be used by all signatory agencies to document the ongoing work between families and providers across all agencies that are providing a service or resource to meet identified needs. [ARC 7805C, …

or responsibilities of an agency partner within the Early ACCESS system. System-level disputes may involve financial matters, the implementation of Early ACCESS system aspects that are not law or rules, such as interagency agreements and policies and procedures, or the implementa…

120.804(1) Early ACCESS grantees. Early ACCESS grantees shall have the fiscal and legal obligation for ensuring that the Early ACCESS system is carried out regionally. Early ACCESS grantees shall be designated by the department and shall exist, at a minimum, in geographic areas t…

that Early ACCESS components and services are available 12 months a year to meet the needs of eligible children and their families. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

agencies or the department, or both, will implement activities designed to evaluate and improve the Early ACCESS system. These activities are to document the performance of eligible children who receive early intervention services. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

evaluate and improve the Early ACCESS system when such activities are sponsored by the department, or a signatory agency when approved by the department, to assess and ensure the effectiveness of efforts to serve eligible children. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

sufficient records and reports for audit by the department. Records and reports shall include at a minimum: 1. State-approved or state-recognized certification, licensing, registration, or other comparable requirements for all personnel providing early intervention services. 2. A…

the department with information necessary to enable the department to carry out its duties under Part C of the Act and this chapter. This information, including such quantitative and qualitative data as the department may require, will be submitted in a manner and at a time deter…

with disabilities and to the general public all documents relating to the eligibility of the agency under Part C of the Act. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

judges. Unless otherwise provided by this chapter, any mediation conference or due process hearing under Division VI of this chapter shall be conducted according to rules 281—41.1002(256B,34CFR300),

United States Code or the Code of Federal Regulations are to those provisions in effect on September 28, 2011. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

a court of competent jurisdiction, every other rule and subrule not affected by that declaration of invalidity shall remain valid. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

File 2585, will be construed in a manner consistent with federal law and will not be construed to confer any different or greater right or responsibility under this chapter. [ARC 7805C, IAB 4/17/24, effective 5/22/24] These rules are intended to implement the Individuals with Dis…

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

281—41.1016(17A). [ARC 7805C, IAB 4/17/24, effective 5/22/24; ARC 0259D, IAB 5/13/26, effective 6/17/26]

This rule is intended to implement Iowa Code section 256B.10. [ARC 7805C, IAB 4/17/24, effective 5/22/24]