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Administrative Rules Calendar

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Proposed Administrative Rules must follow a strict timeline --including public hearings, approval by the State Board of Education, and approval by the Administrative Rules Review Committee -- before they become effective. Below is the Department's Administrative Rules calendar.  

Chapter 79, Standards for Practitioner and Administrator Preparation Programs

Description:
Chapter 79 outlines the standards and program requirements that all traditional educator preparation programs must meet in order to be accredited to prepare educators in Iowa. Compliance with these standards is required and evaluated during each educator preparation program’s accreditation review. The standards are also applied in an annual reporting system. The proposed amendments will update the current standards because of pertinent changes to the Iowa Code made during the 2016 Legislative Session and will keep the rules current with national standards for educator preparation.  The State Board of Education hereby adopts this rule making to update the current standards pursuant to its authority under Iowa Code section 256.7(3). 

Contact:
Nicole Proesch
nicole.proesch@iowa.gov
515-281-4835
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
September 16, 2016

Chapter 79, Adopted and Filed

Deadline to Submit Public Comment by 4:30 PM:
November 1, 2016

Date, Time, and Site of Public Hearing:
November 1, 2016 from 9:00 to 10:00 a.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
January 19, 2017

Effective Date:
March 22, 2017

Chapter 35, Educational Standards and Program Requirements for Children's Residential Facilities

Description:
This Chapter outlines the educational standards and program requirements for children’s residential facilities. In the 2016 legislative session the General Assembly enacted Senate File 2304 which addressed Standards and Certification and Inspection of Children’s Residential Facilities. This legislation requires the State Board of Education to adopt rules governing education programs and education services by children’s residential facilities pursuant to Iowa Code section 282.34. This rulemaking follows that directive.

Contact:
Nicole Proesch
nicole.proesch@iowa.gov
515-281-5295
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
November 16, 2016

Chapter 35, Adopted and Filed

Deadline to Submit Public Comment by 4:30 PM:
December 27, 2016 and January 6, 2017

Date, Time, and Site of Public Hearing:
December 27, 2016 and January 6, 2017 from 10:00 to 11:00 a.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
January 19, 2017

Effective Date:
March 22, 2017 (tentative)

Chapter 12, General Accreditation Standards

Description:
In August 2015, the State Board of Education directed the Iowa Assessment Task Force, convened pursuant to Iowa Code section 256.7(21), to reconvene to recommend a statewide science assessment. On March 21, 2016, the Iowa Assessment Task Force made its recommendation regarding a statewide science assessment. This rule making complies with that directive and reflects that recommendation. The task force’s report is available on the website of the Iowa Department of Education.

Contact:
Phil Wise
phil.wise@iowa.gov
515-281-4835
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
November 16, 2016

Chapter 12, Adopted and Filed 

Deadline to Submit Public Comment by 4:30 PM:
January 6, 2017

Date, Time, and Site of Public Hearing:
January 6, 2017 from 9:00 to 10:00a.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
January 19, 2017

Effective Date:
March 22, 2017 (tentative)

Chapter 24, Community College Accreditation

Description:
Revised Chapter 24 incorporate changes to sections of Iowa Administrative Code which establish accreditation standards for Iowa’s community colleges. Several definitions were added to or revised under 281 – IAC 24.3. Several subsections of 281 – IAC 24.5 are revised, including subsections regarding additional state standards pertaining to faculty qualifications, faculty load, and special needs. The proposed changes under 281 – IAC 24.5(1) Faculty, align IAC standards with those of the Higher Learning Commission (HLC) (formerly the “North Central Association of Colleges and Schools”), the regional accrediting body for Iowa’s community colleges, recently revised and effective September 1, 2017. Revisions also establish a statewide task force [24.5(1)(d)] to develop procedures, guidelines and documentation and ensure ongoing compliance with HLC standards. Revisions to 281 – 24.5(2)(b) Faculty Load lift the daily restriction on Career and Technical Education faculty load (maximum 6 hours) and simply maintains the aggregate 30 contact hours per week. 281 – 24.5(3) Special Needs, the proposed title change to “Special needs and protected classes” aligns with Office for Civil Rights verbiage and expands this standard by incorporating other categories protected by state or federal civil rights legislation.

Contact:
Phil Wise
phil.wise@iowa.gov
515-281-4835
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
November 16, 2016

Chapter 24, Adopted and Filed

Deadline to Submit Public Comment by 4:30 PM:
January 6, 2017

Date, Time, and Site of Public Hearing:
January 6, 2017 from 11:00 to 12:00p.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
January 19, 2017

Effective Date:
March 22, 2017 (tentative)

Chapter 46, Career and Technical Education

Description:
The proposed Chapter 46 amendment implements the provisions of House File 2392, Division II. House File 2392 grants the State Board of Education authority to adopt standards for career and technical education service areas, regional secondary career and technical education planning partnerships, career academies, regional centers, and more. Accordingly, the proposed chapter establishes the revised career and technical education services areas and aligns national career clusters to each service area. A process for establishing standards for the career and technical education service areas is also proposed. The proposed chapter establishes the secondary program approval and regular review process, through which all secondary career and technical education programs will be approved and reviewed. The proposed chapter clarifies the duties, requirements, and membership of local program advisory councils, and establishes alternative council structures which programs may utilize in meeting statutory requirements. Standards for regional career and technical education planning partnerships are established, including standards related to partnership approval, compliance, duties, and permissible uses of funds. Standards are also established for career academies and regional centers. As the rules for career academies are included in the new chapter 46, the existing Chapter 47, “Career Academies,” is rescinded and reserved.

Contact:
Phil Wise
phil.wise@iowa.gov
515-281-4835
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
November 16, 2016

Chapter 46, Adopted and Filed

Deadline to Submit Public Comment by 4:30 PM:
January 6, 2017

Date, Time, and Site of Public Hearing:
January 6, 2017 from 1:00 to 2:00p.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
January 19, 2017

Effective Date:
March 22, 2017 (tentative)

Chapter 65, Innovative Programs for At-Risk Early Elementary Students

Description:
The proposed amendments will simplify the grant application and award process.  It will get grant funds to districts on a timeline that will allow for timely hiring and budgeting.  It will allow recipient districts to spend more time on instruction and less on preparing grant applications.  New chapter 65 will allow greater flexibility to local districts in determining how best to provide grant-funded services at school buildings with large numbers of at-risk students.  New chapter 65 is, in the State Board’s estimation, closer to legislative intent.

Contact:
Phil Wise
phil.wise@iowa.gov
515-281-4835
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
January 20, 2017

Chapter 65, Notice of Intended Action, Rescind and Adopt New Chapter (2)

Deadline to Submit Public Comment by 4:30 PM:
March 7, 2017

Date, Time, and Site of Public Hearing:
March 7, 2017 from 1:00 to 2:00p.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
March 30, 2017 (tentative)

Effective Date:
May 31, 2017 (tentative)

Chapter 17, Open Enrollment

Description:
These amendments are necessary to align Chapter 17 with legislative changes made in House File 2336, 2016 Iowa Acts chapter 1036.  Two internal cross-references and outdated terminology for students requiring special education are also corrected.

Contact:
Phil Wise
phil.wise@iowa.gov
515-281-4835
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
January 20, 2017

Chapter 17, Notice of Intended Action 

Deadline to Submit Public Comment by 4:30 PM:
May 16, 2017

Date, Time, and Site of Public Hearing:
May 16, 2017 from 11:00 to 12:00 p.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
June 14, 2017 (tentative)

Effective Date:
August 9, 2017 (tentative)

Chapter 33, Educating the Homeless

Description:

The revised Chapter 33 incorporates changes to the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431, et seq.), as reauthorized in December 2015 by the Every Student Succeeds Act (ESSA).  Changes as a result of ESSA include modifying the requirements of the State Plan to include procedures that ensure that homeless students have equal access to the same free, appropriate public education, including a public preschool education, as provided to other students.  This equal access includes removing barriers to students accessing academic or extracurricular activities because of their homelessness.  Other changes include removal of “awaiting foster care placement” from the definition of homeless, changes to the definition of School of Origin, and clarifications regarding required transportation for the school of origin.  

Contact:
Nicole Proesch
nicole.proesch@iowa.gov
515-281-8661
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
May 11, 2017

Chapter 33, Notice of Intended Action

Deadline to Submit Public Comment by 4:30 PM:
June 27, 2017

Date, Time, and Site of Public Hearing:
June 27, 2017 from 9:00 to 10:00 a.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
July 12, 2017 (tentative)

Effective Date:
September 6, 2017 (tentative)

Chapter 41-14, Special Education - School Health Services

Description:

This notice proposes the following changes:

  • Item 1 rescinds the definition of “highly qualified special education teachers” because the Every Student Succeeds Act (“ESSA”) repealed this federal requirement.

  • Item 2 rescinds the definition of “scientifically based research” because ESSA repealed this language.

  • Item 3 amends rule 41.156 to account for the repeal of the federal “highly qualified” requirement.

  • Items 4, 5, 6, and 7 contain amendments to account for recent federal special education regulations on local maintenance of fiscal effort.Unlike other states, maintenance of effort is not a contentious issue in Iowa.Each Iowa district has maintained effort for all years at issue.

  • Items 8, 9, and 10 rescind from chapter 41 rule language on school health that is being relocated to chapter 41.

  • Item 11 adds language to rule 41.412 about additional permissive sources of funds for purchase or lease of special transportation expenses, as well as clarifying how purchased equipment is depreciated.

  • Items 12 and 13 are amendments required by a recent federal rulemaking to address significant disproportionality in special education.Iowa’s method of calculating significant disproportionality is nearly identical to the mandatory minimum method for calculating significant disproportionality, and any practice change will be minor or technical.

  • Items 14 and 15 provide more discretion to the parties regarding document disclosure in mediation conferences and due process hearings.These rules will eliminate document disclosures that are not requested by any party.

  • Item 16 eliminates a rule that a child’s due process complaint becomes moot when the child moves from the district.This rule is inconsistent with federal special education law.

  • Item 17 provides a timeframe for the Iowa Department of Education to certify the administrative record from a due process hearing when a party requests judicial review in state or federal district court.

  • Items 18 and 19 move rules on school health and medication administration from the special education rule chapter to the school health chapter, to make clear that these provisions apply to all students, not just students with disabilities.The rules also modernize technical language to account for current standards of nursing practice.

Contact:
Thomas Mayes
thomas.Mayes@iowa.gov
515-242-5614
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
May 11, 2017

Chapter 41-14, Notice of Intended Action

Deadline to Submit Public Comment by 4:30 PM:
June 27, 2017

Date, Time, and Site of Public Hearing:
June 27, 2017 from 10:00 to 11:00 a.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
July 12, 2017 (tentative)

Effective Date:
September 6, 2017 (tentative)

Chapter 21, Community Colleges

Description:

The amendments to Chapter 21 incorporate changes to sections of Iowa Administrative Code which establish basic requirements for certificate, diploma, and degree programs, and instructional courses for drinking drivers, both offered by community colleges. Regarding 281 – IAC 21.9, changes include updating terminology from technical “specialty component” to technical “core” and establishing a minimum technical core course requirement for diplomas. Regarding 281 – IAC 21.32, changes include an increase to tuition fees for an instructional course for drinking drivers offered by community colleges to $140.00, and an increase to the administrative fee collected by the department to $15.00 for individuals enrolled in an Iowa instructional course for drinking drivers and to $37.50 for individuals enrolled in an out-of-state instructional course for drinking drivers. The fee adjustments reflect the recommendation of a drinking drivers instruction course advisory committee and reflect the cost of providing such courses.

Contact:
Nicole Proesch
nicole.proesch@iowa.gov
515-281-8661
515-242-5988 - fax

Date of Notice of Intended Action by State Board of Education:
May 11, 2017

Chapter 21, Notice of Intended Action

Deadline to Submit Public Comment by 4:30 PM:
June 27, 2017

Date, Time, and Site of Public Hearing:
June 27, 2017 from 11:00 to 12:00 p.m. State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.

Date of Adoption by State Board of Education:
July 12, 2017 (tentative)

Effective Date:
September 6, 2017 (tentative)

Printed from the Iowa Department of Education website on June 27, 2017 at 7:13pm.