Chapter 41. SPECIAL EDUCATION

41.613(1) General. Each participating agency must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under this chapter. The agency must comply with a request without unnecessary delay and be…

that obtain access to education records collected, maintained, or used under Part B of the Act, except access by parents and authorized employees of the participating agency, including the name of the party, the date access was given, and the purpose for which the party is author…

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.

must provide parents on request a list of the types and locations of education records collected, maintained, or used by the agency.

41.617(1) Fees for copies in certain circumstances. 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. 4…

41.618(1) Parent may request amendment. A parent who believes that information in the education records collected, maintained, or used under this chapter is inaccurate or misleading or violates the privacy or other rights of the child may request the participating agency that mai…

opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.

41.620(1) Information to be amended. If, as a result of the hearing, the agency decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the child, it must amend the information accordingly and so inform the parent in writ…

281—41.619(256B,34CFR300) must be conducted according to the procedures in 34 CFR 99.22.

41.622(1) When parental consent required. Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with subrule 41.622(2), unless the information is contained in education re…

of personally identifiable information at collection, storage, disclosure, and destruction stages. One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information. All persons collecting or using per…

41.624(1) Parents to be informed when information no longer required. The public agency must inform parents when personally identifiable information collected, maintained, or used under Part B of the Act or this chapter is no longer needed to provide educational services to the c…

41.625(1) General. The state must have in effect policies and procedures regarding the extent to which children are afforded rights of privacy similar to those afforded to parents, taking into consideration the age of the child and type or severity of disability. 41.625(2) Transf…

information collected, used, or maintained under Part B of the Act.

annually report to the Secretary on the information required by Section 618 of the Act at the times specified by the Secretary, and on forms provided by the Secretary.

41.641(1) Date of count. For purposes of the annual report required by Section 618 of the Act and rule 281—41.640(256B,34CFR300), the state and the Secretary of the Interior must count and report the number of children with disabilities receiving special education and related ser…

41.642(1) Protection of personally identifiable data. The data described in Section 618(a) of the Act and in rule 281—41.641(256B,34CFR300) must be publicly reported by each state in a manner that does not result in disclosure of data identifiable to individual children. 41.642(2…

in its report a certification signed by an authorized official of the agency that the information provided under rule 281—41.640(256B,34CFR300) is an accurate and unduplicated count of children with disabilities receiving special education and related services on the dates in que…

SEA may include in its report children with disabilities who are enrolled in a school or program that is operated or supported by a public agency, and that provides them with both special education and related services that meet state standards; provides them only with special ed…

SEA. In addition to meeting the other requirements of rules 281—41.640(256B,34CFR300) to 281—41.644(256B,34CFR300), the SEA must establish procedures to be used by LEAs and other educational institutions in counting the number of children with disabilities receiving special educa…

41.646(1) General. Using the methodology required by rule 281—41.647(256B,34CFR300), the state shall collect and examine data to determine if significant disproportionality based on race and ethnicity is occurring in the state and the LEAs of the state with respect to the followi…

41.647(1) Definitions. “Alternate risk ratio” is a calculation performed by dividing the risk of a particular outcome for children in one racial or ethnic group within an LEA by the risk of that outcome for children in all other racial or ethnic groups in the state. “Comparison g…

DIVISION IX RESERVED DIVISION X PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES

4310(2) of the Elementary and Secondary Education Act of 1965 as amended through December 10, 2015, 20 U.S.C. 6301 et seq. (ESEA). [ARC 7792C, IAB 4/17/24, effective 5/22/24]

years of age, including a child under 5 years of age, who has a disability in obtaining an education. The term includes an individual who is over 6 and under 16 years of age who, pursuant to the statutes of this state, is required to receive a public education; an individual unde…

to assist states to provide special education and related services in accordance with Part B of the Act to children with disabilities aged three through five years; and, at a state’s discretion, to two-year-old children with disabilities who will turn three during the school year…

the state is eligible under Section 612 of the Act to receive a grant under Part B of the Act and makes FAPE available to all children with disabilities, aged three through five, residing in the state.

institution or agency, may receive a grant or enter into a contract or cooperative agreement under Subpart 2 or 3 of Part D of the Act that relates exclusively to programs, projects, and activities pertaining to children aged three through five years, unless the state is eligible…

41.813(1) General. For the purpose of administering Section 619 of the Act, including the coordination of activities under Part B of the Act with and providing technical assistance to other programs that provide services to children with disabilities, the state may use not more t…

reserves under rule 281—41.812(256B,34CFR300) and does not use for administration under rule 281—41.813(256B,34CFR300) for other state-level activities, consistent with 34 CFR Section 300.814.

with 34 CFR Section 300.815. [ARC 7792C, IAB 4/17/24, effective 5/22/24]

described in rule 281—41.815(256B,34CFR300), consistent with 34 CFR Section 300.816.

conditions listed and in a manner specified by 34 CFR Section 300.817. [ARC 7792C, IAB 4/17/24, effective 5/22/24]

child with a disability receiving FAPE, in accordance with Part B of the Act, with funds received under Section 619 of the Act.

DIVISION XI ADDITIONAL RULES CONCERNING FINANCE AND PUBLIC ACCOUNTABILITY

41.9(1) Obtaining consent. “Consent” is obtained when all of the following conditions are satisfied: a. The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or through another mode of communicat…

reports for audit by the department. Records and reports shall include at a minimum: licensure (certification) and endorsements or recognition requirements for all special education personnel under rules 281—41.401(256B,34CFR300) to 281—41.403(256B); all IEP and IFSP meetings and…

providing special education for eligible individuals and utilizing funds generated under Iowa Code chapters 256B, 273 and 282.

41.903(1) General. Any special education instructional program not provided directly by an LEA or any special education support service not provided by an AEA can only be provided through a contractual agreement. The board shall approve contractual agreements for AEA-operated spe…

development. Applications for aid, whether provided directly from state or federal funds, for special education research and demonstration projects and models for program development shall be submitted to the department.

through the provisions of Iowa Code section 273.3 will be furnished in a manner consistent with these rules. [ARC 7792C, IAB 4/17/24, effective 5/22/24]

for special education support services, when provided by the AEA for eligible individuals, will be funded through procedures as provided for special education support services. Approved extended school year instructional programs will be funded through procedures as provided for …

41.907(1) Nonresident individual. Subject to subrule 41.131(6), the program costs charged by an LEA or an AEA for an instructional program for a nonresident eligible individual shall be the actual costs incurred in providing that program. 41.907(2) Contracted special education. A…

related services in accordance with the individual’s IEP; but the agency, teacher, or other person is not held accountable if an individual does not achieve the growth projected in the annual goals and objectives of the IEP, so long as the individual’s IEP was reasonably calculat…

DIVISION XII PRACTICE BEFORE MEDIATORS AND ADMINISTRATIVE LAW JUDGES 281—41.1002(256B,34CFR300) Special education mediation conference. 41.1002(1) Procedures. The parent, the LEA or the AEA may request a special education mediation conference on any issue under this chapter. The …