Iowa Admin. Code r. 281-41.134 - Consultation

To ensure timely and meaningful consultation, an AEA or, if appropriate, an SEA must consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children regarding the following:

(1) Child find. The child find process shall determine:

a. How parentally placed private school children suspected of having a disability can participate equitably; and

b. How parents, teachers, and private school officials will be informed of the process.

(2) Proportionate share of funds. An explanation that the proportionate share shall be calculated by the state based on data submitted by the AEA, consistent with rule 281-41.133 (256,256B, 34CFR300 ).

(3) Consultation process. The consultation process among the AEA, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how the process will operate throughout the school year to ensure that parentally placed children with disabilities identified through the child find process can meaningfully participate in special education and related services.

(4) Provision of special education and related services. How, where, and by whom special education and related services funded by Part B of the Act under rules 281-41.130 (256,256B, 34CFR300) to 281-41.147 (256B, 34CFR300) will be provided for parentally placed private school children with disabilities, including a discussion of the following:

a. The types of services, including direct services and alternate service delivery mechanisms;

b. How special education and related services will be apportioned if funds are insufficient to serve all parentally placed private school children;

c. How and when decisions regarding paragraphs 41.134(4)"a" and "b" will be made;

d. That the consultation process concerns only funds under Part B of the Act, and does not concern special education and related services provided under Iowa Code section 256.12. The consultation process may, but is not required to, include discussions of special education and related services provided under Iowa Code section 256.12.

(5) Written explanation by AEA regarding services. How, if the AEA disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the AEA will provide to the private school officials a written explanation of the reasons why the AEA chose not to provide services directly or through a contract.

Notes

Iowa Admin. Code r. 281-41.134

Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024