Iowa Admin. Code r. 281-41.226 - Early intervening services
(1)
General. An AEA or LEA
may not use more than 15 percent of the amount the AEA or LEA receives under
Part B of the Act for any fiscal year, less any amount reduced by the AEA or
LEA pursuant to rule
281-41.205
(256B, 34CFR300 ), if any, in combination with other amounts, which may include
amounts other than education funds, to develop and implement coordinated, early
intervening services, which may include interagency financing structures, for
students in kindergarten through grade 12, with a particular emphasis on
students in kindergarten through grade 3, who are not currently identified as
needing special education or related services, but who need additional academic
and behavioral support to succeed in a general education environment .
(2)
Activities. In
implementing coordinated, early intervening services under this rule, an AEA or
LEA may carry out activities that include:
a.
Professional development, which may be provided by other entities, for teachers
and other school staff to enable such personnel to deliver scientifically based
academic and behavioral interventions, including scientifically based literacy
instruction and, where appropriate, instruction on the use of adaptive and
instructional software; and
b.
Providing educational and behavioral evaluations, services, and supports,
including scientifically based literacy instruction.
(3)
Construction . Nothing in
this rule shall be construed to either limit or create a right to FAPE under
Part B of the Act or to delay appropriate evaluation of a child suspected of
having a disability.
(4)
Reporting: in general. Each AEA or LEA that develops and
maintains coordinated, early intervening services under this rule must annually
report to the SEA on:
a. The number of
children served under this rule who received early intervening services;
and
b. The number of children
served under this rule who received early intervening services and subsequently
receive special education and related services under Part B of the Act during
the preceding two-year period.
(5)
Reporting:
disproportionality. If an LEA is required to reserve the maximum
amount available under this rule for early intervening services because of a
determination of significant disproportionality under rule
281-41.646
(256B, 34CFR300 ), that LEA must make additional reports on the use of funds
under this rule and rule
281-41.646
(256B, 34CFR300 ), as required by the SEA.
(6)
Coordination with ESEA.
Funds made available to carry out this rule may be used to carry out
coordinated, early intervening services aligned with activities funded by and
carried out under the ESEA if those funds are used to supplement, and not
supplant, funds made available under the ESEA for the activities and services
assisted under this rule.
Notes
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