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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 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  Two internal cross-references and outdated terminology for students requiring special education are also corrected.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:
October 11, 2017 (tentative)

Effective Date:
November 15, 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)

 

Chapter 83, Teacher and Administrator Quality Programs

Description:

The rules in this chapter implement teacher and school administrator quality programs.  These proposed amendments conform to 2017 Iowa Acts, House File 642, which amends Iowa Code sections 284.1, 284.4, 284.5, to make the beginning teacher mentoring and induction program under those sections voluntary for school districts, and to allow school districts to utilize the provisions of the teacher leadership and compensation framework specified in Iowa Code sections 284.15 through 284.17 as a means of providing beginning teacher mentoring and induction.  These proposed amendments also reflect 2017 Iowa Acts, House File 291, which made changes to Iowa Code chapter 20 dealing with collective bargaining. 

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:
September 8, 2017

 Notice of Intended Action - Chapter 83, Teacher and Administrator Quality Programs

Deadline to Submit Public Comment by 4:30 PM:
September 19, 2017

Date, Time, and Site of Public Hearing:
September 19, 2017 from 10:00 a.m. 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:
November 15, 2017 (tentative)

Effective Date:
January 10, 2018 (tentative)

 

Chapter 98, Financial Mangaement of Categorical Funding

Description:

Chapter 98 outlines the financial management of categorical funding. The proposed amendments to Chapter 98 reflect significant legislative changes to categorical funding for Iowa school districts brought about during the 2017 legislative session.  Those changes include greater flexibility for school districts with some categorical funds, the ability of a school district to establish a flexibility account within the general fund that can be used for certain purposes, including any general fund purpose, upon approved school board resolution, major changes to beginning teacher mentoring and induction programs, the ability to transfer from the general fund to the school district’s student activity account an amount necessary for the purchase of protective and safety equipment,  and programmatic changes for students who are persistently at risk in reading. 

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:
September 8, 2017

Notice of Intended Action - Chapter 98, Financial Management of Categorical Funding 

Deadline to Submit Public Comment by 4:30 PM:
September 19, 2017

Date, Time, and Site of Public Hearing:
September 19, 2017 from 9:00 a.m. 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:
November 15, 2017 (tentative)

Effective Date:
January 10, 2018 (tentative)

 

Chapter 61, Iowa Reading Research Center

Description:

The Iowa Reading Research Center had been charged with adopting program criteria and guidelines for an intensive summer literacy program required by Iowa Code section 279.68.  House File 642, adopted during the 2017 session of the General Assembly and signed into law by the Governor, repealed Iowa Code section 279.68, subsection 1, paragraph c, and Iowa Code section 279.68, subsection 2, paragraph e, thereby eliminating the requirement that school districts offer an intensive summer literacy program.  This amendment reflects the statutory change that school districts are no longer required to offer an intensive summer literacy program, but maintains certain program criteria and guidelines for voluntary intensive summer literacy programs that school districts may choose to offer in meeting the requirements of Iowa Code section 279.68, subsection 2, paragraph a, item (6).

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:
September 8, 2017

Notice of Intended Action - Chapter 61, Iowa Reading Research Center

Deadline to Submit Public Comment by 4:30 PM:
July 25, 2017

Date, Time, and Site of Public Hearing:
July 25, 2017 from 11:00 a.m. 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:
August 9, 2017 (tentative)

Effective Date:
October 4, 2017 (tentative)

 

Chapter 62, State Standards for Progression in Reading 

Description:

Iowa Code section 279.68 dealing with the successful progression for early readers was amended substantially by House File 642 during the 2017 session of the Iowa General Assembly.  

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:
September 8, 2017

Notice of Intended Action - Chapter 62, State Standareds for Progression in Reading

Deadline to Submit Public Comment by 4:30 PM:
July 25, 2017

Date, Time, and Site of Public Hearing:
July 25, 2017 from 10:00 a.m. 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:
August 9, 2017 (tentative)

Effective Date:
October 4, 2017 (tentative)

 

Chapter 36, Extracurricular Interscholastic Competition

Description:

This rulemaking 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 do not face barriers to accessing extracurricular activities because of their homelessness. As a result of these changes, subrule 36.15(3) is being amended to ensure that homeless students are provided an exception to the 90 consecutive school days of ineligibility under the General Transfer Rule if they are determined to meet the definition of a homeless child or youth under McKinney-Vento as determined by the attending district.

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:
September 8, 2017

Adopted and Filed, Chapter 36, Extracurricular Interscholastic Competition

Deadline to Submit Public Comment by 4:30 PM:
October 31, 2017

Date, Time, and Site of Public Hearing:
October 31, 2017 from 9:00 a.m. 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:
November 15, 2017 (tentative)

Effective Date:
January 25, 2018 (tentative)

 

Chapter 64, Child Development Coordinating Council

Description:

Items 1, 2, 5, 6, and 7 contain non-substantive changes based on the suggestion of the Council to use “person first” language.  Item 3 corrects the name of an organization.  Item 4 contains two changes to streamline the business operations of the Council.  Item 8 contains revisions required by House File 658, which made changes to the criteria applicable to grantees.  Item 8 also contains non-substantive amendments to use “person first” language.

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:
November 15, 2017

Notice of Intended Action, Chapter 64, Child Development Coordinating Council

Deadline to Submit Public Comment by 4:30 PM:
January 8, 2018

Date, Time, and Site of Public Hearing:
January 8, 2018 from 11:00 a.m. to 12:00 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 25, 2018 (tentative)

Effective Date:
January 25, 2018 (tentative)

 

Chapter 41, Special Education

Description:

These two amendments are required based on amendments to the Individuals with Disabilities Education Act (“IDEA”) that were made by the Every Student Succeeds Act (“ESSA”).  On June 30, 2017, the United States Department of Education issued final regulations that incorporated these changes that the ESSA made to the IDEA. 

The State Board is noticing these rules separately from a currently pending rulemaking.  This is because these rules amendments, although required by the ESSA, represent a practice change for many Iowa educators.

Item 1 amends the definition of “regular high school diploma.”  This amendment makes clear that a regular high school diploma must be fully aligned to State-required standards.  In Iowa’s case, that would be the graduation requirements set forth in Iowa Code section 256.7(26).

Item 2 explains the requirements that all students with disabilities participate in statewide and district-wide assessments, including providing children with significant intellectual disabilities with alternate assessments aligned to alternate academic achievement standards.

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:
November 15, 2017

Notice of Intended Action, Chapter 41, Special Education

Deadline to Submit Public Comment by 4:30 PM:
January 8, 2018

Date, Time, and Site of Public Hearing:
January 8, 2018 from 10:00 a.m. 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 25, 2018 (tentative)

Effective Date:
January 25, 2018 (tentative)

 

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Printed from the Iowa Department of Education website on December 17, 2017 at 9:43am.