Chapter 120. EARLY ACCESS INTEGRATED SYSTEM OF EARLY INTERVENTION SERVICES

The department must ensure that fiscal control and fund accounting procedures will be adopted as necessary to ensure proper disbursement of, and accounting for, federal funds paid under Part C of the Act. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

The department must ensure that policies and practices have been adopted to ensure that traditionally underserved groups, including minority, low-income, homeless, and rural families and children with disabilities who are wards of the state, are meaningfully involved in the plann…

120.228(1) Subsequent state application. If the state has on file with the Secretary a policy, procedure, method, or assurance that demonstrates that the state meets an application requirement in this chapter, including any policy, procedure, method, or assurance filed under this…

120.23(1) General. “Local educational agency” or “LEA” means a public board of education or other public authority legally constituted within the state for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary …

“Multidisciplinary” means the involvement of two or more separate disciplines or professions and, with respect to: 1. Evaluation of the child in rule 281—120.113(34CFR303) and subrule 120.321(1) and assessments of the child and family in subrule 120.321(1), may include one indivi…

120.25(1) Limited English proficiency. “Native language,” when used with respect to an individual who is limited English proficient or LEP (as that term is defined in Section 602(18) of the Act and in rule 281—41.27(256B,34CFR300)), means: a. The language normally used by that in…

“Natural environments” means settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings, and must be consistent with the provisions of rule 281—120.126(34CFR303). [ARC 7805C, IAB 4/17/24, effective 5/22/…

120.27(1) General. “Parent” means: a. A biological or adoptive parent of a child; b. Rescinded IAB 12/10/25, effective 1/14/26. c. A guardian generally authorized to act as the child’s parent, or authorized to make early intervention, educational, health or developmental decision…

“Parent training and information center” means a center assisted under Section 671 or 672 of the Act. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

“Personally identifiable information” means personally identifiable information as defined in 34 CFR 99.3, except that the term “student” in the definition of “personally identifiable information” in 34 CFR 99.3 means “child” as used in this chapter and any reference to “school” …

120.3(1) General. The following regulations apply to this chapter: a. The regulations at 34 CFR Part 303. b. The Education Department General Administrative Regulations (EDGAR), including 34 CFR Parts 76 (except for §76.103), 77, 79, 80, 81, 82, 84, 85, and 86. 120.3(2) Reference…

As used in this chapter, “public agency” means the lead agency and any other agency or political subdivision of the state. The particular public agency serving each infant or toddler and that infant or toddler’s family shall be determined by the particular Early ACCESS needs of e…

The statewide comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families must include the following components: 120.300(1) Pre-referral activities. The system must contain …

120.301(1) Preparation and dissemination. In accordance with rule 281—120.116(34CFR303), the system must include a public awareness program that requires the department to: a. Prepare information on the availability of early intervention services under this chapter, and other ser…

120.302(1) General. The Early ACCESS system must include a comprehensive child find system that: a. Is consistent with Part B of the Act (see 34 CFR 300.111); b. Includes a system for making referrals to applicable public agencies or EIS providers under this chapter that: (1) Inc…

120.303(1) General. The child find system described in rule 281—120.302(34CFR303) must include the state’s procedures for use by primary referral sources for referring a child under the age of three to the Part C program. The procedures required in this subrule must: a. Provide f…

“Qualified personnel” means personnel who have met state-approved or state-recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early interventio…

120.310(1) General. Except as provided in subrule 120.310(2), any screening under rule 281—120.320(34CFR303); the initial evaluation and the initial assessments of the child and family under rule 281—120.321(34CFR303); and the initial IFSP meeting under rule 281—120.342(34CFR303)…

“Scientifically based research” has the meaning given the term in Section 9101(37) of the Elementary and Secondary Education Act of 1965 (ESEA). In applying the ESEA to the regulations under Part C of the Act, any reference to “education activities and programs” refers to “early …

120.320(1) General. a. The department may adopt procedures, consistent with this rule, to screen children under the age of three who have been referred to the Part C program to determine whether they are suspected of having a disability under this chapter. If a public agency or E…

120.321(1) General. The department must ensure that, subject to obtaining parental consent in accordance with subrule 120.420(1), each child under the age of three who is referred for evaluation or early intervention services under this chapter and suspected of having a disabilit…

If, based on the evaluation conducted under rule 281—120.321(34CFR303), the applicable agency determines that a child is not eligible under this chapter, the agency must provide the parent with prior written notice required in rule 281—120.421(34CFR303), and include in the notice…

“Secretary” means the Secretary of the United States Department of Education. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

120.34(1) General. a. As used in this chapter, “service coordination services” means services provided by a service coordinator to assist and enable an infant or toddler with a disability and the child’s family to receive the services and rights, including procedural safeguards, …

For each infant or toddler with a disability, the department must ensure the development, review, and implementation of an individualized family service plan developed by a multidisciplinary team, which includes the parent, that is consistent with the definition of individualized…

120.342(1) Meeting to develop initial IFSP—timelines. For a child referred to the Early ACCESS system and determined to be eligible under this chapter as an infant or toddler with a disability, a meeting to develop the initial IFSP must be conducted within the 45-day time period …

120.343(1) Initial and annual IFSP team meeting. a. Each initial meeting and each annual IFSP team meeting to evaluate the IFSP must include the following participants: (1) The parent or parents of the child. (2) Other family members, as requested by the parent, if feasible to do…

120.344(1) Information about the child’s status. The IFSP must include a statement of the infant or toddler with a disability’s present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emoti…

Early intervention services for an eligible child and the child’s family may commence before the completion of the evaluation and assessments in rule 281—120.321(34CFR303), if the following conditions are met: 120.345(1) Parental consent is obtained. 120.345(2) An interim IFSP is…

Each public agency or EIS provider who has a direct role in the provision of early intervention services is responsible for making a good-faith effort to assist each eligible child in achieving the outcomes in the child’s IFSP. However, Part C of the Act does not require that any…

Rule 281—41.329(256B,34CFR300) is incorporated herein by this reference. This rule is intended to implement Iowa Code section 256B.10. [ARC 7805C, IAB 4/17/24, effective 5/22/24] 281—120.348 to 120.399 Reserved. DIVISION VI PROCEDURAL SAFEGUARDS…

“State” means each of the 50 states, the Commonwealth of Puerto Rico, the District of Columbia, and the four outlying areas and jurisdictions of Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. [ARC 7805C, IAB 4/17/24, …

“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 g…

120.37(1) General. Subject to subrules 120.37(2) and 120.37(3), “ward of the state” means a child who, as determined by the state where the child resides, is: a. A foster child; b. A ward of the state; or c. In the custody of a public child welfare agency. 120.37(2) Exception. “W…

The following terms apply to this chapter: 120.38(1) Area education agency. “Area education agency” or “AEA” is a political subdivision of the state organized pursuant to Iowa Code chapter 273. 120.38(2) Board. “Board” means the Iowa state board of education. 120.38(3) Community …

“Act” means the Individuals with Disabilities Education Act. Part B of the 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 educa…

Subject to 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 2…

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…

The Secretary takes appropriate action, in accordance with 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…

The following definitions apply to rules 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 phys…

The relevant agency must give notice when a 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 type…

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…

Each participating agency must keep a record of parties 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…

If any early intervention record includes 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…

Each participating agency must 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…