Iowa Admin. Code r. 281-41.907 - Program costs
(1)
Nonresident individual. Subject to subrule 41.131(6), the
program costs charged by an LEA or an AEA for an instructional program for a
nonresident eligible individual shall be the actual costs incurred in providing
that program.
(2)
Contracted special education. An AEA or LEA may make
provisions for resident eligible individuals through contracts with public or
private agencies that provide appropriate and approved special education. The
program costs charged by or paid to a public or private agency for special
education instructional programs shall be the actual costs incurred in
providing that program.
(3)
LEA responsibility. The resident LEA shall be liable only for
instructional costs incurred by an agency for those individuals certified as
eligible in accordance with these rules unless required by
34 CFR Section
300.104.
(4)
Support service funds.
Support service funds may not be utilized to supplement any special education
programs authorized to use special education instructional funds generated
through the weighting plan.
(5)
Responsibility for special education for children living in a foster
care facility or treatment facility.
a. Eligible individuals who are living in a
licensed individual or agency child foster care facility, as defined in Iowa
Code section 237.1, or in an unlicensed
relative foster care placement shall remain enrolled in and attend an
accredited school in the school district in which the child resided and is
enrolled at the time of placement, unless it is determined by the juvenile
court or a public or private agency of this state that has responsibility for
the child's placement that remaining in such school is not in the best
interests of the child. If such a determination is made, the child may be
enrolled in the district in which the child is placed and not in the district
in which the child resided prior to receiving foster care. The costs of the
special education required by this chapter shall be paid, in either case, by
the school district of residence of the eligible individual.
b. For eligible individuals who are living in
a facility as defined in Iowa Code section
125.2, the LEA in which the
facility is located must provide special education if the facility does not
maintain a school. The costs of the special education shall be paid by the
school district of residence of the eligible individual.
c. If the school district of residence of the
eligible individual cannot be determined and this individual is not included in
the weighted enrollment of any LEA in the state, the LEA in which the facility
is located may certify the costs to the director of education by August 1 of
each year for the preceding fiscal year. Payment shall be made from the general
fund of the state.
(6)
Responsibility for special education for individuals after termination
of parental rights. For eligible individuals placed by the district
court, and for whom parental rights have been terminated by the district court,
the LEA in which the facility or home is located must provide special
education. Costs shall be certified to the director of education by August 1 of
each year for the preceding fiscal year by the director of the AEA in which
this individual has been placed. Payment shall be made from the general fund of
the state.
(7)
Proper use
of special education instructional and support service funds. Special
education instructional funds generated through the weighting plan may be
utilized to provide special education instructional services both in state and
out of state with the exceptions of itinerant instructional services under
subrule 41.410(1) and special education consultant services that shall utilize
special education support service funds for both in-state and out-of-state
placements.
(8)
Funding of
ECSE instructional options. Eligible individuals below the age of six
may be designated as full-time or part-time students depending on the needs of
the child. Funding shall be based on individual needs as determined by the IEP
team. Special education instructional funds generated through the weighting
plan can be used to pay tuition, transportation, and other necessary special
education costs, but shall not be used to provide child care.
a. Full-time ECSE instructional services
shall include 20 hours or more of instruction per week. The total hours of
participation in special education and general education may be combined to
constitute a full-time program.
b.
Part-time ECSE instructional services shall include up to 20 hours of
instruction per week. The total hours of participation in special education and
general education may be combined to constitute a part-time program.
c. Funds under 20 U.S.C. Chapter 33, Part C,
may be used to provide FAPE, in accordance with these rules, to eligible
individuals from their third birthday to the beginning of the following school
year.
(9)
Funding
for instructional services. After an LEA board approves a delivery
system for instructional services as described in subrule 41.408(2), the
director , in accordance with Iowa Code sections
256B.9 and
273.5, will assign the
appropriate special education weighting to each eligible individual by
designating a level of service. The level of service refers to the relationship
between the general education program and specially designed instruction for an
eligible individual. The level of service is determined based on an eligible
individual's educational need and independent of the environment in which the
specially designed instruction is provided. The level of service assigned shall
not be a factor in a services or placement decision, and shall be made only
after those decisions have been made. One of three levels of service shall be
assigned by the director :
a.
Level
I. A level of service that provides specially designed instruction for
a limited portion or part of the educational program. A majority of the general
education program is appropriate. This level of service includes modifications
and adaptations to the general education program. (Reference Iowa Code section
256B.9(1)
"b")
b.
Level II. A level of service that provides specially designed
instruction for a majority of the educational program. This level of service
includes substantial modifications, adaptations, and special education
accommodations to the general education program. (Reference Iowa Code section
256B.9(1)
"c")
c.
Level III. A level of service that provides specially designed
instruction for most or all of the educational program. This level of service
requires extensive redesign of curriculum and substantial modification of
instructional techniques, strategies and materials. (Reference Iowa Code
section 256B.9(1)
"d")
(10)
Procedures for billing under
subrules 41.907(5) and 41.907(6). The department may establish
procedures by which it determines which district initially pays the costs of
special education and related services and seeks reimbursement in situations
where a parent of a child cannot be located, parental rights have been
terminated, or parents are deceased.
Notes
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