Chapter 41. SPECIAL EDUCATION

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 meeting in accordance with these rules, and that must include: a. A statement …

41.321(1) General. The public agency must ensure that the IEP team for each child with a disability includes the following: a. The parents of the child; b. At least one regular education teacher of the child if the child is, or may be, participating in the regular education envir…

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…

Consistent with subrule 41.501(3), each public 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.

When conducting IEP team 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…

If moneys are appropriated by the general assembly for a fiscal year for the purpose provided in this rule, the department will develop guidelines for a comprehensive family support mentoring program that meets the language and communication needs of families, or implement them i…

“Public agency” includes the 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 di…

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…

“Secondary school” means a nonprofit institutional day 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, eff…

“Services plan” has the meaning given the term in 34 CFR 300.37.

“Secretary” means the Secretary of the United States Department of 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…

“Area education agency” or “AEA” is a political 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 de…

“State” means each of the 50 states, the District of Columbia, the 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…

Special education personnel shall meet the 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 b…

An agency is authorized to employ the 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 …

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…

The following provisions are applicable to each 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 depart…

The following provisions are 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 d…

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…

Support services are the specially designed instruction 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 thera…

“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 …

Special education may be provided to eligible 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 …

Related services and 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 agreeme…

Transportation of eligible individuals shall generally be 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 e…

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.…

“Supplementary aids and services” 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 chil…

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…

“Universal design” has the meaning given the term in Section 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 …

“Assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not in…

The following terms may be encountered in the identification of children with disabilities. 41.50(1) Autism. “Autism” means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before the age of three, whi…

The department shall ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of rules 281—41.500(256B,34CFR300) to 281—41.536(256B,34CFR300).

41.501(1) Opportunity to examine records. The parents of a child with a disability must be afforded, in accordance with the procedures of rules 281—41.613(256B,34CFR300) to 281—41.621(256B,34CFR300), an opportunity to inspect and review all education records with respect to: a. T…

41.502(1) General. a. The parents of a child with a disability have the right to obtain an independent educational evaluation of the child, subject to subrules 41.502(2) to 41.502(5). b. Each public agency must provide to parents, upon request for an independent educational evalu…

41.503(1) Notice. Written notice that meets the requirements of subrule 41.503(2) must be given to the parents of a child with a disability within a reasonable time before the public agency: a. Proposes to initiate or change the identification, evaluation, or educational placemen…

41.504(1) General. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only once a school year, except that a copy also must be given to the parents as follows: a. Upon initial referral or parent request for evalu…

A parent of a child with a disability may elect to receive notices required by these rules by an electronic mail communication, if the public agency makes that option available.

41.506(1) General. Each public agency must ensure that procedures are established and implemented to allow parties involved in disputes relating to any matter under this chapter, including matters arising prior to the filing of a due process complaint, to resolve disputes through…