ARC 0259D

ARC 0259D

EDUCATION DEPARTMENT[281]

Adopted and Filed

Rulemaking related to early access integrated system of early intervention services

    The State Board of Education hereby amends Chapter 120, “Early Access Integrated System of Early Intervention Services,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 256B.3.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, 34 CFR Part 303.

Purpose and Summary

    This rulemaking eliminates a potential source of confusion by removing unnecessary and confusing cross-references to the dispute resolution procedures under Part B of the Individuals with Disabilities Education Act (IDEA). Some, but not all, of the procedures under Part B apply to Part C of IDEA (Early ACCESS). This rulemaking removes references to procedures that do not.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on March 4, 2026, as ARC 0102D. A public hearing was held on the following date(s):

     ?   March 24, 2026

    No one attended the public hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on April 16, 2026.

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on June 17, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Amend rule 281—120.811(34CFR303) as follows:

281—120.811(34CFR303) Dispute resolution: 

practice before mediators and administrative law judges. Unless otherwise provided by this chapter, any mediation conference or due process hearing under Division VI of this chapter shall be conducted according to rules 281—41.1000(256B,34CFR300) 281—41.1002(256B,34CFR300), 281—41.1009(17A,256B) through 281—41.1012(17A,256B), and 281—41.1014(17A,256B) through 281—41.1016(256B,34CFR300 17A).

[Filed 4/16/26, effective 6/17/26]

[Published 5/13/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/13/26.