Iowa Administrative Code

33.6(1) If a homeless child or youth seeks to enroll or to remain enrolled in a public school district, the district is encouraged to waive any requirements, such as mandatory enrollment in a minimum number of courses, which would constitute barriers to the education of the homel…

33.7(1) A child or youth, a preschool child if the school offers tuition-free preschool, or a preschool child with a disability who meets the definition of homeless in these rules is entitled to receive a free, appropriate public education and necessary support services in either…

33.8(1) If a homeless child or youth is denied access to a free, appropriate public education in either the district of origin or the district in which the child or youth is actually living, or if the child’s or youth’s parent or guardian believes that the child’s or youth’s best…

33.9(1) General. A child or youth, a preschool child if the school offers tuition-free preschool, or a preschool child with a disability who meets the definition of “homeless child or youth” in these rules shall not be denied access to a free, appropriate public education solely …

to children residing in the following institutions under the jurisdiction of the director of the department of health and human services: the Mental Health Institute, Independence, Iowa; and the State Training School, Eldora, Iowa. [ARC 7791C, IAB 4/17/24, effective 5/22/24]

residents of the state of Iowa are eligible to be enrolled in college courses offered by an eligible postsecondary institution as defined in Iowa Code section 261E.2(3) and to receive both secondary and postsecondary credit therefor. 34.10(1) Noneligible courses. Postsecondary co…

“AEA” means an area education agency. “Aggregate days” means the sum of the number of days of attendance, excluding days absent, for all school-age pupils who are enrolled during the school year. A student is considered enrolled after being placed in the institution and taking pa…

34.3(1) Availability. All children who reside in state institutions and the mental health institute shall be provided appropriate educational services in accordance with these rules. Special education services to eligible individuals in institutions will be provided in accordance…

34.4(1) Students served at mental health institute. The Mental Health Institute, Independence, Iowa, will notify the district of residence of each child who, on the date specified in Iowa Code section 257.6(1), is residing in this institution. The notification will occur on or be…

modified, and approved using the following procedures: 34.5(1) Submission. Each institution will submit a proposed educational program in a time and manner specified by Iowa Code section 282.33(1). The proposed program will be submitted in the manner prescribed by the department …

reviewed, modified, and approved using the following procedures: 34.6(1) Submission. Each institution will submit a proposed educational program budget in a time and manner specified by Iowa Code section 282.33(1). The proposed budget is to be based on the ADA of the children res…

34.7(1) General. Payments to institutions will be made at a time and manner specified in Iowa Code section 282.33(1). 34.7(2) Payments to the AEA. Within ten days of receiving its payment, the institution shall pay to the AEA in which the institution is located one-tenth of the t…

actual cost of the program to the department at a time and manner specified by Iowa Code section 282.33(1). 34.8(1) Instructional costs. Actual costs include salaries and benefits of instructional staff, instructional supplies and materials, professional development for instructi…

located support, related and other services necessary to provide appropriate educational programs to students requiring special education, and payment for the purchased services shall be made in accordance with subrule 34.7(2). The nature and extent of such services will be compa…

than 18 years of age who are eligible children to receive special education, who are living in any children’s residential facility providing residential care to children within the state of Iowa, which is not otherwise exempted by the Iowa Code, are to be provided an appropriate …

“Child” or “children” means an individual or individuals under 18 years of age. A child is “school- age” if the child is at least 5 years of age on September 15 but not more than 21 years of age or if the child is younger than 5 years of age or older than 18 years of age and is a…

accept any child of school age or a child who is eligible to receive special education services only after it has been issued a certificate of approval by the department of health and human services and has established an appropriate educational program and services under this ch…

35.4(1) A private facility is to comply with Iowa Code sections 282.34(1)“b” and 282.34(1)“c.” 35.4(2) If the educational programs and educational services are provided by or through the public school district of location, only fees related to the educational programs and educati…

35.5(1) A private facility is to fully cooperate with the area education agency and school district in which the facility is located to fulfill the area education agency’s responsibilities for child find under 281—Chapter 41, including making a child available for evaluation and …

“Associate member school” means a nonaccredited nonpublic school that has been granted associate member status by any corporation, association, or organization registered with the department pursuant to Iowa Code section 280.13, upon approval by the department based upon proof of…

to the director of education by giving written notice of the appeal to the state director of education with a copy by registered mail to the executive officer of the governing organization. An appeal is to be in the form of an affidavit and be filed within ten business days after…

for participation by member schools will reflect the following policies: 36.11(1) Expenditure policy. It is the expenditure policy of each organization, after payment of costs incurred in rules 281—36.6(280) through 281—36.9(280) and legitimate expenses for housing, equipment and…

provision of this chapter, in the event eligibility of one or more students is jeopardized or in question as a result of actions beyond their control due to pending reorganization of school districts approved by the voters under Iowa Code chapter 275; action of the district board…

in the event a member or associate member school does not directly make participation in an interscholastic activity available to its students, the governing board of the member or associate member school may, by formally adopted policy if among its own attendance centers, or by …

36.2(1) Organizations registered with the department include the following: a. Iowa High School Athletic Association (hereinafter association). b. Iowa Girls’ High School Athletic Union (hereinafter union). c. Iowa High School Music Association (hereinafter music association). d.…

items, available for inspection by the department: 36.3(1) Constitution and bylaws, approved by the state board of education. 36.3(2) Current membership and associate membership lists. 36.3(3) Organization policies. 36.3(4) Minutes of all meetings of organization boards. 36.3(5) …

36.4(1) Membership. Each organization will have an executive board, containing some representation from school administrators, teachers, and elective school officers; provided, however, that the membership will include the following: a. One member who is a member of a school boar…

36.5(1) Salary. No remuneration, salary, or remittance may be made to any member of an executive board, representative council or advisory committee of an organization for the member’s service. 36.5(2) Expenses. Travel and actual expenses of executive board members, representativ…

executive officer, members of the governing boards and employees of the organizations will appear before and give a full accounting and details on the aforesaid matters to the state board of education. [ARC 7657C, IAB 3/6/24, effective 4/10/24]

organizations will implement the provisions described below for participants in interscholastic athletic competition. 36.7(1) Physical examination. Every year, each student will present to the student’s superintendent a certificate signed by a licensed physician and surgeon, oste…

36.8(1) Local eligibility and student conduct rules. Local boards of education may impose additional eligibility requirements not in conflict with these rules. Nothing herein is to be construed to prevent a local school board from declaring a student ineligible to participate in …

contesting the ruling of a student’s eligibility based on these rules, other than subrule 36.8(1) or paragraph 36.8(2)“b,” “c,” “d,” “f,” or “k” or based on a challenge to a local district finding that a student was not subject to a founded incident of harassment or bullying, or …

of a conference providing extracurricular athletic contests and competitions for students is granted this opportunity. For purposes of this chapter, “member school” means a nonpublic school or school district granted such status by any corporation, association, or organization re…

37.2(1) General. A conference realignment committee (committee) is established pursuant to Iowa Code section 280.13E. 37.2(2) Duties and powers. The committee has the duties and powers specified in Iowa Code section 280.13E. 37.2(3) Membership. The committee will have the members…

appeal a committee’s decision to the director of the Iowa department of education within 60 days of the date of the decision. The director will receive the records of the committee, and no new evidence will be permitted, except for good cause shown. The committee’s decision is pr…

“Board” means the state board of education. “Department” means the department of education. “Director” means the director of the department of education. “Person” means an individual, school corporation, government or governmental subdivision or agency, nonpublic school, partners…

procedures of Iowa Code section 17A.9A(4). [ARC 7420C, IAB 12/27/23, effective 1/31/24]

4.11(1) Cancellation. A waiver issued pursuant to this chapter may be withdrawn, canceled or modified if, after appropriate notice and hearing, the director issues an order finding any of the following: a. The petitioner or the person who was the subject of the waiver order withh…

provisions adopted in other chapters. [ARC 7420C, IAB 12/27/23, effective 1/31/24] These rules are intended to implement Iowa Code section 17A.9A. [Filed 3/20/01, Notice 12/13/00—published 4/18/01, effective 5/23/01] [Filed ARC 5647C (Notice ARC 5465C, IAB 2/24/21), IAB 6/2/21, e…

consistent with Iowa Code section 17A.9A. [ARC 7420C, IAB 12/27/23, effective 1/31/24]

may in the director’s sole discretion issue an order waiving in whole or in part the obligations of a rule if the director finds, based on clear and convincing evidence, all of the factors listed in Iowa Code section 17A.9A(2) and that any waiver from the obligations of the rule …

Department of Education, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319-0146. If the petition relates to a pending contested case, the petition is filed in the contested case proceeding, using the caption of the contested case. [ARC 7420C, IAB 12/27/23…

applicable and known to the requester: 1. The name, address, and telephone number of the person for whom a waiver is being requested, and the case number of any related contested case. 2. A description and citation of the specific rule from which a waiver is requested. 3. The spe…

department may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the department may on its own motion or at the petitioner’s request, schedule a telephonic or in-person mee…

days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is necessary by any provision of law. In addition, the department may give notice to other persons. To accomplish thi…

contested case hearings apply in three situations: (1) to any petition for a waiver filed within a contested case, (2) when provided by rule or order, or (3) when required to do so by statute. [ARC 7420C, IAB 12/27/23, effective 1/31/24]

reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and the reasons upon which the action is based, and a description of the precise scope and operative period of any waiver issued. 4.9(1) General. The fina…

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

or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.

the Act for a fiscal year, the state shall submit a plan that provides assurances to the Secretary that the state has in effect policies and procedures to ensure that the state meets the conditions in rules