Chapter 41. SPECIAL EDUCATION

41.187(1) Evaluation and improvement. Each agency, in conjunction with other agencies, the department, or both, shall implement activities designed to evaluate and improve special education. These activities shall document the individual performance resulting from the provision o…

DIVISION IV LEA AND AEA ELIGIBILITY, IN GENERAL

“homeless children and youths” in Section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act as amended through August 14, 2006, 42 U.S.C. 11431 et seq.

on each public agency in the state that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Individuals with Disabilities Education Act (Act). 41.2(1) General. The provisions of th…

items that are covered, whether like or unlike the ones named.

under Part B of the Act for a fiscal year if the agency submits a plan that provides assurances to the state that the LEA meets each of the conditions in rules 281—41.201(256B,34CFR300) to 281—41.213(256B,34CFR300). 41.200(1) Required descriptions, policies and procedures. Each A…

for the education of children with disabilities within its jurisdiction, must have in effect policies, procedures, and programs that are consistent with the state policies and procedures established under 281—41.101(256B,34CFR300) to 281—41.163(256B,34CFR300) and 281—41.165(256B,…

41.202(1) General. Amounts provided to the AEA or LEA under Part B of the Act must be: a. Expended in accordance with the applicable provisions of Part B of the Act and this chapter; b. Used only to pay the excess costs of providing special education and related services to child…

41.203(1) Eligibility standard. a. For purposes of establishing the LEA’s eligibility for an award for a fiscal year, the SEA must determine that the LEA budgets, for the education of children with disabilities, at least the same amount, from at least one of the following sources…

(1) Local funds only; (2) The combination of state and local funds; (3) Local funds only on a per capita basis; or (4) The combination of state and local funds on a per capita basis. c. Expenditures made from funds provided by the federal government for which the SEA is required …

(1) Took in the intervening year or years between the most recent fiscal year for which information is available and the fiscal year for which the LEA is budgeting; and (2) Reasonably expects to take in the fiscal year for which the LEA is budgeting. c. Expenditures made from fun…

41.206(1) General. Notwithstanding the provisions of rules 281—41.202(256B,34CFR300) and 281—41.203(256B,34CFR300) or any other provision of Part B of the Act, an LEA may use funds received under Part B of the Act for any fiscal year to carry out a schoolwide program under Sectio…

personnel necessary to carry out Part B of the Act are appropriately and adequately prepared, subject to the requirements of rule 281—41.156(256B,34CFR300) related to personnel qualifications and Section 2102(b) of the ESEA. [ARC 7792C, IAB 4/17/24, effective 5/22/24]

41.208(1) Uses. Notwithstanding rule 281—41.202(256B,34CFR300) and subrules 41.203(2) and 41.162(2), funds provided to an LEA under Part B of the Act may be used for the following activities: a. Services and aids that also benefit nondisabled children. For the costs of special ed…

41.209(1) Rights of children with disabilities. Children with disabilities who attend public charter schools and their parents retain all rights under this chapter. 41.209(2) Charter schools that are public schools of the LEA. a. General. In carrying out Part B of the Act and the…

an Indian tribe. “Indian tribe” means any federal or state Indian tribe, settlement, band, rancheria, pueblo, colony, or community, including any Alaska native village or regional village corporation as defined in or established under the Alaska Native Claims Settlement Act, 43 U…

41.210(1) General. An AEA, an LEA, or any other public agency, when purchasing print instructional materials, must acquire those instructional materials for children who are blind or visually impaired or for other persons with print disabilities in a manner consistent with subrul…

department with information necessary to enable the department to carry out its duties under Part B of the Act and this chapter, including, with respect to 34 CFR Section 300.157, information relating to the performance of children with disabilities participating in programs carr…

of children with disabilities and to the general public all documents relating to the eligibility of the agency under Part B of the Act.

LEA must cooperate in the Secretary’s efforts under Section 1308 of the ESEA to ensure the linkage of records pertaining to migratory children with disabilities for the purpose of electronically exchanging, among the states, health and educational information regarding those chil…

or “IEP” means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with rules 281—41.320(256B,34CFR300) to 281—41.324(256B,34CFR300). A single IEP for each eligible individual, which specifies all the special education and rela…

41.220(1) General. If an AEA or LEA or a state agency described in rule

the state determines that an AEA or LEA or state agency is not eligible under Part B of the Act, then the state must notify the AEA or LEA or state agency of that determination and provide the AEA or LEA or state agency with reasonable notice and an opportunity for a hearing. Thi…

41.222(1) General. If the state, after reasonable notice and an opportunity for a hearing, finds that an AEA or LEA or state agency that has been determined to be eligible under this chapter is failing to comply with any requirement described in rules 281—41.201(256B,34CFR300) to…

41.223(1) General. The state may require an AEA or LEA to establish its eligibility jointly with another AEA or LEA if the state determines that the AEA or LEA will be ineligible because the agency will not be able to establish and maintain programs of sufficient size and scope t…

41.224(1) Requirements for AEAs or LEAs in general. AEAs or LEAs that establish joint eligibility under this rule must: a. Adopt policies and procedures that are consistent with the state’s policies and procedures under rules 281—41.101(256B,34CFR300) to 281—41.163(256B,34CFR300)…

41.226(1) General. An AEA or LEA may use no more than 15 percent of the amount the AEA or LEA receives under Part B of the Act for any fiscal year, less any amount reduced by the AEA or LEA pursuant to rule 281—41.205(256B,34CFR300), if any, in combination with other amounts, whi…

281—41.228(256B,34CFR300) State agency eligibility. Any state agency that desires to receive a subgrant for any fiscal year under rule 281—41.705(256B,34CFR300) is to meet the provisions of 34 CFR Section 300.228. [ARC 7792C, IAB 4/17/24, effective 5/22/24]

the AEA or LEA or state agency meets any requirement of rule 281—41.200(256B,34CFR300), including any policies and procedures filed under Part B of the Act as in effect before December 3, 2004, the SEA must consider the AEA or LEA or state agency to have met that requirement for …

41.229(1) Requirement of transmittal of disciplinary records. Pursuant to Iowa Code section 279.9A, the state requires that a public agency include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against t…

program team” or “IEP team” means a group of individuals described in rule

by 34 CFR Section 300.230.

DIVISION V EVALUATION, ELIGIBILITY, IEPs, AND PLACEMENT DECISIONS

or “IFSP” has the meaning given the term in Section 636 of the Act.

means an individual under three years of age who needs early intervention services either because the individual has a condition, based on informed clinical opinion, known to have a high probability of resulting in later delays in growth and development if early intervention serv…

meaning given the term in Section 101 of the Higher Education Act of 1965 as amended through August 14, 2006, 20 U.S.C. 1021 et seq. (HEA); and also includes any community college receiving funds from the Secretary of the Interior under the Tribally Controlled Community College o…

given the term “English learner” in Section 8101 of the ESEA. [ARC 7792C, IAB 4/17/24, effective 5/22/24]

41.28(1) General. “Local educational agency” or “LEA” means a public board of education or other public authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in …

41.29(1) General. “Native language,” when used with respect to an individual who is limited English proficient, means the following: a. The language normally used by that individual or, in the case of a child, the language normally used by the parents of the child; or b. The lang…

amended through August 14, 2006.

41.30(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 educational decisions for the child, but not the state if the chil…

41.300(1) Parental consent for initial evaluation. a. General. (1) The public agency proposing to conduct an initial evaluation to determine if a child qualifies as a child with a disability under this chapter must, after providing notice consistent with rules

under subparagraph 41.300(1)“c”(1). 41.300(2) Parental consent for services. a. A public agency that is responsible for making FAPE available to a child with a disability must obtain informed consent from the parent of the child before the initial provision of special education a…

of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

41.303(1) General. A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with rules 281—41.304(256B,34CFR300) to 281—41.311(256B,34CFR300): a. If the public agency determines that the educational or related services needs, incl…

disability and the nature and extent of the special education and related services that the child needs.

41.305(1) Review of existing evaluation data. As part of an initial evaluation, if appropriate, and as part of any reevaluation under this chapter, the IEP team and other qualified professionals, as appropriate, must: a. Review existing evaluation data on the child, including: (1…

and related services needs, whether or not commonly linked to the disability category in which the child has been classified. g. Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are p…