Iowa Admin. Code r. 281-41.603 - Department review and determination regarding public agency performance
(1)
Review. The state shall annually review the performance of
each LEA and AEA, including but not limited to data on indicators identified in
the state's performance plan, information obtained through monitoring visits,
and any other public information made available.
(2)
Determination. Based on
the information obtained and reviewed by the state, the state shall determine
whether each LEA and AEA:
a. Meets the
requirements and purposes of Part B of the Act and of this chapter;
b. Needs assistance in implementing the
requirements of Part B of the Act and of this chapter;
c. Needs intervention in implementing the
requirements of Part B of the Act and of this chapter; or
d. Needs substantial intervention in
implementing the requirements of Part B of the Act and of this
chapter.
(3)
Criteria for determination. The department shall develop
criteria for making the determinations required by subrule 41.603(2).
(4)
Variance of
determination. In making the determination required by subrule
41.603(2), the SEA in its discretion may adjust or vary from the criteria
described in subrule 41.603(3) based on unusual, unanticipated, or
extraordinary aggravating or mitigating factors, on a case-by-case
basis.
(5)
Notice and
opportunity for a hearing. For determinations made under paragraph
41.603(2)"a" or "b," the state shall provide
reasonable notice of its determination. For determinations made under paragraph
41.603(2)"c" or "d," the state shall provide
reasonable notice of its determination and may, in its sound discretion, grant
an informal hearing to an AEA or LEA; however, if withholding of funds is a
remedy associated with a particular determination, the state shall provide a
hearing under rule 281-41.605 (256B, 34CFR300).
Under any hearing granted under this rule or rule
281-41.605 (256B, 34CFR300 ), the
AEA or LEA must demonstrate that the state abused its discretion in making the
determination described in subrule 41.603(2).
Notes
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