Chapter 41. SPECIAL EDUCATION

41.307(1) General. The state adopts, consistent with rule 281—41.309(256B,34CFR300), criteria for determining whether a child is an eligible individual on the basis of a specific learning disability as defined in subrule 41.50(10). In addition, the criteria adopted by the state: …

suspected of being an eligible individual due to the presence of a specific learning disability is a child with a disability, as defined in this chapter, must be made by the child’s parents and a team of qualified professionals, which must include the following persons: 41.308(1)…

41.309(1) Required determinations. The group described in rule 281—41.306(256B,34CFR300) may determine that a child has a specific learning disability, as defined in subrule 41.50(10), after considering the following three factors: a. Lack of adequate achievement. The child does …

center” means a center assisted under Section 671 or 672 of the Act.

41.310(1) Observation required. The public agency must ensure that the child is observed in the child’s learning environment, including the regular classroom setting, to document the child’s academic performance and behavior in the areas of difficulty. 41.310(2) Who must observe.…

a child is an eligible individual on the basis of a specific learning disability. The procedures, methods, etc. listed in this rule and rules 281—41.308(256B,34CFR300) and 281—41.310(256B,34CFR300) may be employed in evaluating any child suspected of being an eligible individual,…

AEA, shall attempt to resolve the presenting problem or behaviors of concern in the general education environment prior to conducting a full and individual evaluation. In circumstances when there is a suspicion that a child is an eligible individual under this chapter, the AEA or…

41.313(1) Definition. When used by an AEA in its identification process, “systematic problem- solving” means a set of procedures that is used to examine the nature and severity of an educationally related problem. These procedures primarily focus on variables related to developin…

41.314(1) Evidence of progress in general education instruction. Each public agency shall establish standards, consistent with those the department may establish, by which the adequacy of general education instruction, including the quality and quantity of data gathered, is asses…

281—41.320(256B,34CFR300) Definition of individualized education program. 41.320(1) General. As used in this chapter, the term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in a meet…

contains the name of the child, the child’s parent, or other family member; the address of the child; a personal identifier, such as the child’s social security number or student number; or a list of personal characteristics or other information that would make it possible to ide…

41.300(2)“d”(2). [ARC 7792C, IAB 4/17/24, effective 5/22/24]

child with a disability.

41.322(1) Public agency responsibility—general. Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP team meeting or are afforded the opportunity to participate, including: a. Notifying parents of the me…

41.323(1) General. An IEP must be in effect before special education and related services are provided to eligible individuals. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defin…

41.324(1) Development of IEP. a. General. In developing each child’s IEP, the IEP team must consider: (1) The strengths of the child; (2) The concerns of the parents for enhancing the education of their child; (3) The results of the initial or most recent evaluation of the child;…

41.325(1) Developing IEPs. a. Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency must initiate and conduct a meeting to develop an IEP for the child in accordance with these rules. b. The agency must ensure t…

41.326(1) Children from birth to the age of three. A fully developed IFSP is considered to have met the rules for an IEP for an eligible individual younger than the age of three. 41.326(2) Support services only. An IEP that satisfies the requirements of this chapter will be devel…

agency must ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of the child.

meetings and placement meetings under this chapter and carrying out administrative matters under Section 615 of the Act, such as scheduling, exchange of witness lists, and status conferences, the parent of a child with a disability and a public agency may agree to use alternative…

SEA, LEAs, ESAs, nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the state that are responsible for providing education to children with disabilities. “Nonpublic agency…

DIVISION VI ADDITIONAL RULES RELATED TO AEAs, LEAs, AND SPECIAL EDUCATION

41.34(1) General. “Related services” means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. “Related services” includes speech-language pathology and audiology s…

or residential school, including a public secondary charter school, that provides secondary education, as determined under state law, except that it does not include any education beyond grade 12. [ARC 7792C, IAB 4/17/24, effective 5/22/24]

Education.

41.39(1) General. “Special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including: a. Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; a…

subdivision of the state organized pursuant to Iowa Code chapter 273. An area education agency, depending on context, may be a local educational agency as defined in rule 281—41.28(256B,34CFR300), an educational service agency as defined in rule 281—41.12(256B,34CFR300), or both …

Commonwealth of Puerto Rico, and each of the outlying areas.

41.400(1) General. It is the responsibility of each eligible individual’s resident LEA to provide or make provision for appropriate special education and related services to meet the requirements of state and federal statutes and rules. This responsibility may be met by one or mo…

board of educational examiners’ licensure (certification) and endorsement or recognition requirements for the position for which they are employed. In addition, personnel providing special education and related services who do not hold board of educational examiners’ licensure (c…

following types of special education personnel, as appropriate to the special education and related services provided. 41.402(1) Director of special education. The director shall be responsible for the implementation of special education for eligible individuals pursuant to Iowa …

41.403(1) Responsibilities. Special education personnel may be employed to assist in the provision of special education and related services to children with disabilities and shall: a. Complete appropriate preservice and ongoing staff development specific to the functions to be p…

41.404(1) Policies. Policies related to the provision of special education and related services shall be developed by each public agency and made available to the department upon request to include the following: a. Policy to ensure the provision of a free appropriate public educ…

LEA that provides special education and related services. 41.406(1) Policies. Each LEA will develop written policies pertinent to the provision of special education and related services and make such policies available to the department upon request. At a minimum, such policies i…

applicable to each AEA that provides special education and related services. 41.407(1) Policies. Each AEA will develop written policies pertinent to the provision of special education and related services and will make such policies available to the department upon request. At a …

41.408(1) General. Instructional services are the specially designed instruction and accommodations provided by special education instructional personnel to eligible individuals. These services are ordinarily provided by the LEA but, in limited circumstances, may be provided by a…

and activities that augment, supplement or support the educational program of eligible individuals. These services include special education consultant services, educational strategist services, audiology, occupational therapy, physical therapy, school psychology, school social w…

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 governor or by state law.

individuals on an itinerant basis. 41.410(1) School based. Special education may be provided on an itinerant basis whenever the number, age, severity, or location of eligible individuals to be served does not justify the provision of professional personnel on a full-time basis to…

supplementary aids and services shall be provided to an eligible individual in accordance with an IEP. Such services that are also support services under rule 281—41.409(256B,34CFR300) are usually provided by the AEA but may be provided by contractual agreement, subject to the ap…

provided as for other individuals, when appropriate. Specialized transportation of an eligible individual to and from a special education instructional service is a function of that service and, therefore, an appropriate expenditure of special education instructional funds genera…

41.413(1) State and local funds under Iowa Code section 256.12. State and local funds expended to provide special education and related services to eligible individuals who receive special education and related services in accredited nonpublic schools under Iowa Code section 256.…

DIVISION VII PROCEDURAL SAFEGUARDS

means aids, services, and other supports that are provided in regular education classes, other education- related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropr…

41.43(1) General. “Transition services” means a coordinated set of activities for a child with a disability and meets the following description: a. Is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the chil…

3 of the Assistive Technology Act of 1998 as amended through August 14, 2006, 29 U.S.C. 3002.

41.45(1) General. Subject to subrules 41.45(2) and 41.45(3), “ward of the state” means a child who, as determined by the state where the child resides, is: a. A foster child; b. In the custody of a public child welfare agency; or c. A ward of the state. 41.45(2) Exception. “Ward …