Iowa Administrative Code

120.124(2) Required description. The data system required in subrule 120.124(1) must include a description of the process that the state uses, or will use, to compile data on infants or toddlers with disabilities receiving early intervention services under this chapter, including…

performance. 120.703(1) Review. The department shall annually review the performance of each EIS provider, including but not limited to data on indicators identified in the state’s performance plan, information obtained through monitoring visits, and any other public information …

120.704(1) Needs assistance. If the department determines, for two consecutive years, that an EIS provider needs assistance under paragraph 120.703(2)“b” in implementing the requirements of Part C of the Act, the department shall take one or more of the following actions: a. Advi…

120.705(1) General. As a consequence of a determination made under rule 281— 120.703(34CFR303) or enforcement of any provision of Part C of the Act and this chapter, the department may withhold some or all of the funds from an EIS provider or a program or service of an EIS provid…

proposing to take or is taking an enforcement action pursuant to 34 CFR §303.704, the state must, by means of a public notice, take such measures as may be necessary to bring the pendency of an action pursuant to Section 616(e) of the Act and 34 CFR §303.704 to the attention of t…

state from utilizing any other authority available to it to monitor and enforce the Act. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

the determinations required by subrule 120.703(2), in taking actions pursuant to rule 281—120.704(34CFR303), and in taking any other action under this chapter, the department may consider whether any agency or provider has complied with any other applicable state or federal law, …

281—120.720(34CFR303) Data requirements—general. 120.720(1) General. The department must annually report to the Secretary and to the public on the information required by Section 618 of the Act at the times specified by the Secretary. 120.720(2) Manner of reporting. The departmen…

[ARC 7805C, IAB 4/17/24, effective 5/22/24]

120.721(1) Date of count. For the purposes of the annual report required by Section 618 of the Act and rule 281—120.720(34CFR303), the department must count and report the number of infants and toddlers receiving early intervention services on any date between October 1 and Decem…

120.722(1) Protection of identifiable data. The data described in Section 618(a) of the Act and in rule 281—120.721(34CFR303) must be publicly reported by the state in a manner that does not result in disclosure of data identifiable to individual children. 120.722(2) Sampling. If…

include in its report a certification signed by an authorized official of the department that the information provided under rule 281—120.721(34CFR303) is an accurate and unduplicated count of infants and toddlers with disabilities receiving early intervention services. [ARC 7805…

department. In addition to meeting the requirements of rules 281—120.721(34CFR303) through 281—120.723(34CFR303), the department must conduct its own child count or use EIS providers to complete its child count. If the department uses EIS providers to complete its child count, th…

DIVISION X OTHER PROVISIONS

interagency coordinating council that satisfies Division VIII of this chapter. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

120.801(1) Lead agency. The Iowa department of education was appointed lead agency on June 24, 1987. Responsibilities of the lead agency include: a. Developing and implementing policies and procedures regarding the types of information to be gathered and the policies and paramete…

agency and shall be reviewed and approved by the signatory agencies. The process shall be used by all signatory agencies to document the ongoing work between families and providers across all agencies that are providing a service or resource to meet identified needs. [ARC 7805C, …

or responsibilities of an agency partner within the Early ACCESS system. System-level disputes may involve financial matters, the implementation of Early ACCESS system aspects that are not law or rules, such as interagency agreements and policies and procedures, or the implementa…

120.804(1) Early ACCESS grantees. Early ACCESS grantees shall have the fiscal and legal obligation for ensuring that the Early ACCESS system is carried out regionally. Early ACCESS grantees shall be designated by the department and shall exist, at a minimum, in geographic areas t…

that Early ACCESS components and services are available 12 months a year to meet the needs of eligible children and their families. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

agencies or the department, or both, will implement activities designed to evaluate and improve the Early ACCESS system. These activities are to document the performance of eligible children who receive early intervention services. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

evaluate and improve the Early ACCESS system when such activities are sponsored by the department, or a signatory agency when approved by the department, to assess and ensure the effectiveness of efforts to serve eligible children. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

sufficient records and reports for audit by the department. Records and reports shall include at a minimum: 1. State-approved or state-recognized certification, licensing, registration, or other comparable requirements for all personnel providing early intervention services. 2. A…

the department with information necessary to enable the department to carry out its duties under Part C of the Act and this chapter. This information, including such quantitative and qualitative data as the department may require, will be submitted in a manner and at a time deter…

with disabilities and to the general public all documents relating to the eligibility of the agency under Part C of the Act. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

judges. Unless otherwise provided by this chapter, any mediation conference or due process hearing under Division VI of this chapter shall be conducted according to rules 281—41.1002(256B,34CFR300),

United States Code or the Code of Federal Regulations are to those provisions in effect on September 28, 2011. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

a court of competent jurisdiction, every other rule and subrule not affected by that declaration of invalidity shall remain valid. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

File 2585, will be construed in a manner consistent with federal law and will not be construed to confer any different or greater right or responsibility under this chapter. [ARC 7805C, IAB 4/17/24, effective 5/22/24] These rules are intended to implement the Individuals with Dis…

[ARC 7805C, IAB 4/17/24, effective 5/22/24]

281—41.1016(17A). [ARC 7805C, IAB 4/17/24, effective 5/22/24; ARC 0259D, IAB 5/13/26, effective 6/17/26]

This rule is intended to implement Iowa Code section 256B.10. [ARC 7805C, IAB 4/17/24, effective 5/22/24]

establish medication administration policy and procedures, which include the following: 14.1(1) A statement on administration of prescription and nonprescription medication. 14.1(2) A statement on an individual health plan pursuant to rule 281—14.2(256) when administration requir…

14.10(1) General. A classroom teacher shall report to the principal any incident of assault or violence that results in injury or property damage by a student enrolled in the school. For purposes of this rule, “attending students” includes all students who are actively attending …

14.11(1) General. The following consists of appropriate responses to classroom behavior that presents an imminent threat of bodily injury and consistent with rules for seclusion and restraint: a. Responses are to include nationally recognized best practices of crisis response/int…

14.12(1) Appropriate responses to behaviors, including classroom behavior that presents an imminent threat of bodily injury, are to be part of evidence-based tiered supports within the department’s continuous improvement framework to support student SEBH. 14.12(2) The evidence-ba…

its district’s or building’s tiers of SEBH supports. A therapeutic classroom is designed for the purpose of providing support for any student, with or without an IEP, whose emotional, social, or behavioral needs interfere with the student’s ability to be successful in the current…

for the costs of providing therapeutic classroom services and transportation services in accordance with this rule and Iowa Code section 256.25A. 14.14(1) Reimbursement of transportation services. If the general assembly appropriates moneys for purposes of transportation claims r…

districts and area education agencies. 14.15(1) An employee must receive training that complies with 281—Chapter 103 prior to using any form of physical restraint or seclusion and includes research-based alternatives to physical restraint and seclusion. 14.15(2) An employee must …

By June 30, 2022, the department will develop, establish, and distribute to all school districts evidence- based standards, guidelines, and expectations for the appropriate and inappropriate responses to behavior in the classroom that present an imminent threat of bodily injury t…

DIVISION III SCHOOL BEHAVIORAL HEALTH SCREENING AND TELEHEALTH

an educational program. These individuals will receive special health services along with their educational program. 14.2(1) Definitions. The following definitions are used in this rule, unless the context otherwise demands: “Assignment and delegation.” “Assignment” means the rou…

Code section 280A.1 are incorporated by this reference. [ARC 7788C, IAB 4/17/24, effective 5/22/24]

14.21(1) A school district, an accredited nonpublic school, or an AEA may contract with a mental health professional or a nationally accredited behavioral health care organization in order to provide universal behavioral health screenings to students. If the school district, accr…

14.22(1) Iowa Code section 280A.3(1), 280A.3(3), and 280A.3(4) are incorporated by this reference. 14.22(2) If a mental health professional provides behavioral health services via telehealth on school/AEA premises, the mental health professional will first establish a valid provi…

section 280A.4 is incorporated by this reference. [ARC 7788C, IAB 4/17/24, effective 5/22/24] [Filed ARC 2311C (Notice ARC 2183C, IAB 10/14/15), IAB 12/9/15, effective 1/13/16] [Filed ARC 3387C (Notice ARC 3088C, IAB 6/7/17), IAB 10/11/17, effective 11/15/17] [Filed ARC 4294C (No…

bronchodilator canister, or bronchodilator canister and spacer voluntary supply. 14.3(1) Definitions. For the purpose of this rule, the following definitions apply: “Act” means 2015 Iowa Acts, Senate File 462, which amended Iowa Code section 280.16 and created Iowa Code section 2…

mitigate toxic stress response. Iowa Code section 279.70 is incorporated by this reference. [ARC 7788C, IAB 4/17/24, effective 5/22/24]

or circumstance are held invalid, such invalidity does not affect the provisions or application of this chapter that can be given effect, and to this end the provisions of this chapter are declared to be severable. [ARC 7788C, IAB 4/17/24, effective 5/22/24] This division is inte…