Chapter 41. SPECIAL EDUCATION

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 include a medical device that is surgicall…

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…

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…

with rule 281—41.9(256B,34CFR300), from the parent of the child before conducting the evaluation. (2) Parental consent for an initial evaluation must not be construed as consent for initial provision of special education and related services. (3) The public agency must make reaso…

particular amount of services funded by Part B that a parentally placed private school child with disabilities receives unless the allegation is made that the child was denied FAPE under Iowa Code section 256.12, but a parent of a child with a disability may file a due process co…

notices required by these rules by an electronic mail communication, if the public agency makes that option available. 281—41.506(256B,34CFR300) Mediation. 41.506(1) General. Each public agency must ensure that procedures are established and implemented to allow parties involved …

to 281—41.516(256B,34CFR300), if appropriate, except to the extent inconsistent with state law relating to such parental consent. (2) The public agency does not violate its obligation under rules 281—41.111(256B,34CFR300) and

c. In accordance with the discipline procedures in subrule 41.530(8); and d. Upon request by a parent. 41.504(2) Internet website. A public agency may place a current copy of the procedural safeguards notice on its Internet website if a website exists. 41.504(3) Contents. The pro…

41.508(1) General. A due process complaint shall be provided to the department, and a copy shall be provided to each party to the complaint. 41.508(2) Content of complaint. The due process complaint required in subrule 41.508(1) must include the following information: a. The name…

41.509(1) Forms available. The department shall develop model forms to assist parents and public agencies in filing a due process complaint and to assist parents and other parties in filing a state complaint; however, the department or LEA may not require the use of the model for…

definitions apply to this chapter. 41.51(1) Appropriate activities. “Appropriate activities” means those activities that are consistent with age-relevant abilities or milestones that typically developing children of the same age would be performing or would have achieved. 41.51(2…

41.510(1) Resolution meeting. a. General. Within 15 days of receiving notice of the parent’s due process complaint and prior to the initiation of a due process hearing, the LEA must convene a meeting with the parent and the relevant member or members of the IEP team who have spec…

41.511(1) General. Whenever a due process complaint is received under this division, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing, consistent with the procedures in this chapter. 41.511(2) SEA responsible for conduct…

41.512(1) General. Any party to a hearing conducted pursuant to the rules of this division and Division XII has the right to: a. Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;…

41.513(1) Decision of administrative law judge on the provision of FAPE. a. Subject to paragraph 41.513(1)“b,” an administrative law judge’s determination of whether a child received FAPE must be based on substantive grounds. b. In matters alleging a procedural violation, an admi…

this division is final, except that any party involved in the hearing may appeal the decision by filing a civil action in state or federal court.

41.515(1) Timeline. The public agency must ensure that not later than 45 days after the expiration of the 30-day period under subrule 41.510(2) or the adjusted time periods described in subrule 41.510(3): a. A final decision is reached in the hearing; and b. A copy of the decisio…

41.516(1) General. Any party aggrieved by the findings and decision made under this division has the right to bring a civil action with respect to the due process complaint notice requesting a due process hearing under this division. The action may be brought in any state court o…

41.517(1) General. In any action or proceeding brought under Section 615 of the Act, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs to any of the following: a. The prevailing party who is the parent of a child with a disability; b. To a pr…

41.518(1) General. Except as provided in rule 281—41.533(256B,34CFR300), during the pendency of any administrative or judicial proceeding regarding a due process complaint notice requesting a due process hearing under rule 281—41.507(256B,34CFR300), unless the state or local agen…

41.519(1) General. Each public agency must ensure that the rights of a child are protected when: a. No parent as defined in rule 281—41.30(256B,34CFR300) can be identified; b. The public agency, after reasonable efforts, cannot locate a parent; c. The child is a ward of the state…

DIVISION III RULES APPLICABLE TO THE STATE AND TO ALL AGENCIES

41.520(1) General. The state provides, when a child with a disability (except for a child with a disability who has been determined to be incompetent under state law) reaches the age of majority under Iowa Code section 599.1, all of the following: a. General rule. (1) The public …

41.530(1) Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this rule, is appropriate for a child with a disability who violates a co…

alternative educational setting for services under subrule 41.530(3), paragraph 41.530(4)“e,” and subrule 41.530(7). [ARC 7792C, IAB 4/17/24, effective 5/22/24]

41.532(1) General. The parent of a child with a disability who disagrees with any decision regarding placement under rules 281—41.530(256B,34CFR300) and 281—41.531(256B,34CFR300), or the manifestation determination under subrule 41.530(5), or an LEA that believes that maintaining…

and related services. 41.534(1) General. A child who has not been determined to be eligible for special education and related services under this chapter and who has engaged in behavior that violated a code of student conduct may assert any of the protections provided for in this…

41.535(1) Rule of construction. Nothing in Part B of the Act or this chapter prohibits an agency from reporting a crime committed by a child with a disability to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their responsibilit…

41.536(1) General. For purposes of removals of a child with a disability from the child’s current educational placement under rules 281—41.530(256B,34CFR300) to 281—41.535(256B,34CFR300), a change of placement occurs under the following circumstances: a. The removal is for more t…

“g” and 41.510(4)“b,” which provide for judicial enforcement of a written agreement reached as a result of mediation or a resolution meeting, there is nothing in Part B of the Act that would prevent the department from using other mechanisms to seek enforcement of that agreement,…

DIVISION VIII MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION 281—41.600(256B,34CFR300) State monitoring and enforcement. 41.600(1) General. The state must monitor the implementation of Part B of the Act and this chapter, enforce this chapter in accordance with …

service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes the following: 1. The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the chi…

reducing the level of expenditures under subrule 41.205(1) for that fiscal year. 41.205(4) Special rule. The amount of funds expended by an LEA for early intervening services under rule 281—41.226(256B,34CFR300) shall count toward the maximum amount of expenditures that the LEA m…

41.601(1) General. Each state must have in place a performance plan that evaluates the state’s efforts to implement the requirements and purposes of Part B of the Act and describes how the state will improve such implementation. a. Each state must submit the state’s performance p…

41.602(1) General. The state shall use the targets established in the state’s performance plan under rule 281—41.601(256B,34CFR300) and the priority areas described in subrule 41.600(4) to analyze the performance of each LEA. 41.602(2) Public reporting and privacy. a. Public repo…

[ARC 7792C, IAB 4/17/24, effective 5/22/24]

41.604(1) Needs assistance. If the state determines for two consecutive years that an LEA or AEA needs assistance under paragraph 41.603(2)“b” in implementing the requirements of Part B of the Act, the state shall take one or more of the following actions: a. Advise the LEA or AE…

41.605(1) General. As a consequence of a determination made under rule 281—41.603(256B,34CFR300) or enforcement of any provision of Part B of the Act and this chapter, the state may withhold some or all of the funds from an AEA or LEA or a program or service of an AEA or LEA, or …

paragraph 41.603(2)“b,” “c,” or “d” must, by means of a public notice, take such measures as may be necessary to notify the public within the LEA or AEA of such notice and of the pendency of an action taken pursuant to rule 281—41.604(256B,34CFR300). [ARC 7792C, IAB 4/17/24, effe…

41.608(1) Prohibition on reduction of maintenance of effort. If the state determines that an LEA or AEA is not meeting the requirements of Part B of the Act, including the targets in the state’s performance plan, the state must prohibit the LEA or AEA from reducing its maintenanc…

determinations required by rule 281—41.603(256B,34CFR300), in ordering actions pursuant to rule 281—41.604(256B,34CFR300), and in taking any other action under this chapter, the department may consider whether any agency has complied with any other applicable state or federal law…

with Section 444 of the General Education Provisions Act, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the state and by LEAs and AEAs pursuant to Part B of the Act and this chapter, and co…

281—41.611(256B,34CFR300) Definitions. The following definitions apply to rules 281—41.611(256B,34CFR300) to 281—41.625(256B,34CFR300). “Destruction” means physical destruction or removal of personal identifiers from information so that the information is no longer personally ide…

41.612(1) General. The department must give notice that is adequate to fully inform parents about the requirements of rule 281—41.123(256B,34CFR300), including the following information: a. A description of the extent that the notice is given in the native languages of the variou…