Iowa Admin. Code r. 281-41.604 - Enforcement
(1)
Needs
assistance. If the state determines for two consecutive years that an
LEA or AEA needs assistance under 41.603(2)"b" in implementing
the requirements of Part B of the Act, the state shall take one or more of the
following actions:
a. Advise the LEA or AEA
of available sources of technical assistance that may help the LEA or AEA to
address the areas in which it needs assistance, which may include assistance
from the Iowa department of education, other state agencies, technical
assistance providers approved by the Secretary, and other federally funded and
state -funded nonprofit agencies, and require it to work with appropriate
entities. Such technical assistance may include any of the following:
(1) The provision of advice by experts to
address the areas in which the LEA or AEA needs assistance, including explicit
plans for addressing the area for concern within a specified period of
time;
(2) Assistance in identifying
and implementing professional development, instructional strategies, and
methods of instruction that are based on scientifically based
research;
(3) Designating and using
distinguished superintendents, principals, special education administrators,
special education teachers and other teachers to provide advice, technical
assistance, and support; and
(4)
Devising additional approaches to providing technical assistance, such as
collaborating with institutions of higher education, educational service
agencies, national centers of technical assistance supported under Part D of
the Act, and private providers of scientifically based technical
assistance.
b. Identify
the LEA or AEA as a high-risk grantee and impose special conditions on its
grant under Part B of the Act.
(2)
Needs intervention. If
the state determines for three or more consecutive years that an LEA or AEA
needs intervention under 41.603(2)"c" in implementing the
requirements of Part B of the Act, the following shall apply:
a. The state may take any of the actions
described in subrule 41.604(1).
b.
The state shall take one or more of the following actions:
(1) Require the LEA or AEA to prepare a
corrective action plan or improvement plan if the state determines that the LEA
or AEA should be able to correct the problem within one year.
(2) Withhold, in whole or in part, any
further payments to the AEA or LEA under Part B of the Act.
(3)
Needs substantial
intervention. Notwithstanding subrule 41.604(1) or 41.604(2), at any
time that the state determines that an LEA or AEA needs substantial
intervention in implementing the requirements of Part B of the Act or of this
chapter or that there is a substantial failure to comply with any condition of
an LEA's eligibility or an AEA's eligibility under Part B of the Act or this
chapter, the state shall take one or more of the following actions:
a. Withhold, in whole or in part, any further
payments to the LEA or AEA under Part B of the Act.
b. Refer the matter for appropriate
enforcement action, which may include referral to the Iowa department of
justice or the auditor of state .
(4)
Rule of construction .
The listing of specific enforcement mechanisms in this rule shall not be
construed to limit the enforcement mechanisms at the state 's disposal in its
enforcement of this rule or any other rule in this chapter
Notes
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