ARC 0649D

ARC 0649D

EDUCATION DEPARTMENT[281]

Notice of Intended Action

Proposing rulemaking related to department-operated special school and program
and providing an opportunity for public comment

    The State Board of Education hereby proposes to rescind Chapter 11, “Department-Operated Special School and Program,” Iowa Administrative Code, and to adopt a new Chapter 11 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 256.107.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 256, subchapter V.

Purpose and Summary

    After a review required by Executive Order 10, this proposed rulemaking removes obsolete language and rules. The Department of Education published a Regulatory Analysis, the public comment period of which closed on August 25, 2026.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 5, 2026. A public hearing was held on the following date(s):

     ?   August 25, 2026

    After the conclusion of the comment period for the Regulatory Analysis, the Department identified additional obsolete language, which is updated in this Notice.

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 7—Chapter 2504.

Public Comment

     Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the State Board no later than 4:30 p.m. on November 3, 2026. Comments should be directed to:

Public Hearing

     A public hearing at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the State Board and advise of specific needs.

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).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 281—Chapter 11 and adopt the following new chapter in lieu thereof:

CHAPTER 11

DEPARTMENT-OPERATED SPECIAL SCHOOL AND PROGRAM

281—11.1(256) Organization: Iowa educational services for the blind and visually impaired.

    11.1(1) Statement of mission. The mission of Iowa educational services for the blind and visually impaired (IESBVI) has two primary components: to provide direct educational services to visually impaired children and youth of the state of Iowa and to serve a leadership and resource role in statewide efforts to meet the needs of the visually impaired. In fulfilling its stated mission, IESBVI will coordinate its efforts with all appropriate state agencies, area education agencies, and local education agencies.

    a.  Consistent with the various sections of the Iowa Code, the educational mission of IESBVI is to provide an appropriate individual education program for visually impaired children and youth who require the comprehensive programs provided by the school.

    b.  The educational programs of IESBVI will be consistent with the philosophy, reflected in federal and state legislation, that children and youth with and without disabilities be educated together to the greatest extent possible. Thus, IESBVI assumes responsibility for providing an education for the blind and visually impaired, including those with additional disabilities, for whom the comprehensive educational programs of IESBVI are most appropriate.

    c.  The scope of the educational program includes provisions for the blind and visually impaired from infancy through secondary education.

    d.  The IESBVI also serves as a state resource and dissemination center for education of the blind and visually impaired. In this role, IESBVI has a central and vital mission in the statewide education of the blind and visually impaired and provides a resource center for educators, related field professionals, parents, and all interested citizens. Such a role affords the opportunity for the community at large to draw upon the specialized program and services available at IESBVI.

    e.  IESBVI will make its special resources available to regent universities, area education agencies, local education agencies, and other public and private agencies. Resource services would provide support in such activities as:

    (1)  Assessment, counseling, and educational planning for visually impaired children and youth;

    (2)  Programs for development of specialized skills;

    (3)  Parent education;

    (4)  Instruction in orientation and mobility;

    (5)  Research;

    (6)  Preservice and continuing education of teachers and related professionals;

    (7)  Consultative services to other professionals;

    (8)  Curriculum development and evaluation; and

    (9)  Development, use, and dissemination of instructional materials and technology.

    f.  Within the scope of IESBVI’s mission, future programs will be determined by the ongoing evaluation of existing programs and an analysis of developing needs. Programs will be added, curtailed, or eliminated based on assessment of need and the most effective use of resources. IESBVI remains flexible so as to respond quickly and effectively to unmet needs of visually impaired children and youth of Iowa.

    11.1(2) Officers. IESBVI has two statutory officers: the superintendent and the secretary-treasurer (business manager). The superintendent is the chief administrative officer of IESBVI and has such authority and duties as delegated by the department of education. The secretary-treasurer (business manager) is responsible for investments, financial transactions, financial records, maintenance of facilities and related services.

    11.1(3) Organization. The mission of IESBVI is carried out through the regular academic programs, the special curriculum program, and outreach services.

    11.1(4) Communications. Written inquiries, personal inquiries, submissions, and requests should be addressed to the Office of the Superintendent, 3501 Harry Langdon Boulevard, Council Bluffs, Iowa 51503, or the office of the Department of Education, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319. In general, inquiries, submissions and requests by the public may be submitted via informal letter. However, application for a particular purpose is to be made on a specified form. A list of these forms and the address where they may be obtained is found in 281—11.2(256).

281—11.2(256) Forms. IESBVI uses a number of forms in its relations with the public. They are available from the superintendent’s office, 3501 Harry Langdon Boulevard, Council Bluffs, Iowa 51503.

281—11.3 to 11.5Reserved.

281—11.6(256) Admission requirements. To receive services from IESBVI, an individual must meet the following criteria:

    1.   Be blind or visually impaired;

    2.   Be intellectually and physically capable of benefiting from IESBVI’s educational services, as determined by the decision-making processes and teams required by 281—Chapter 41;

    3.   Be of an age eligible for special education services under Iowa Code chapter 256B;

    4.   Be immunized as evidenced by a valid certificate of immunization, unless an exception or exemption applies; and

    5.   Be a resident of the state of Iowa. (The residency requirement will be established on an individual basis consistent with the laws of the state of Iowa and the rules of the state board of education.)

281—11.7 to 11.10Reserved.

281—11.11(256) Organization: Iowa School for the Deaf.

    11.11(1) Statement of mission. The mission of the Iowa School for the Deaf (ISD) has two primary components: to provide direct educational services to deaf and hard-of-hearing children and youth of the state of Iowa and to serve a leadership and resource role in statewide efforts to meet the needs of the deaf and hard of hearing. In fulfilling its stated mission, ISD will coordinate its efforts with all appropriate state agencies, area education agencies, and local education agencies.

    a.  Consistent with various sections of the Iowa Code, the educational mission of ISD is to provide an appropriate individual education program for deaf and hard-of-hearing children and youth who require the comprehensive programs provided by the school.

    b.  The educational programs of ISD will be consistent with the philosophy, reflected in federal and state legislation, that children and youth with and without disabilities be educated together to the greatest extent possible. Thus, ISD assumes responsibility for providing an education for those deaf and hard-of-hearing children and youth, including those with additional disabilities, for whom the comprehensive educational programs of the school are appropriate.

    c.  The scope of the educational program includes provisions for the deaf and hard of hearing from infancy through secondary education. Program formats include full-time residential, day school, summer and other short-term residential programs to meet specific needs, vocational, and on- and off-campus individual assessment and evaluation services. For residential students, activities and experiences on a 24-hour basis, not restricted to the traditional academic day, are an integral part of the program.

    d.  ISD also serves as a state resource and dissemination center for education of the deaf and hard of hearing. In this role, the school has a central and vital mission in the statewide education of the deaf and hard of hearing and provides a resource center for educators, related field professionals, parents, the deaf and hard-of-hearing community, and all interested citizens. Such a role affords the opportunity for the community at large to draw upon the specialized programs and services available at ISD.

    e.  ISD will make its special resources available to regent universities, area education agencies, local education agencies, and other public and private agencies. Resource services would provide support in such activities as:

    (1)  Assessment, counseling, and educational planning for deaf and hard-of-hearing children and youth;

    (2)  Programs for development of specialized communications skills;

    (3)  Parent education;

    (4)  Extended educational programming for deaf and hard-of-hearing adults;

    (5)  Research;

    (6)  Preservice and continuing education of teachers and related professionals;

    (7)  Curriculum development and evaluation; and

    (8)  Development and dissemination of instructional materials and technology.

    f.  Within the scope of the school’s mission, future programs will be determined by the ongoing evaluation of existing programs and an analysis of developing needs. Programs will be added, curtailed, or eliminated based on assessment of need and the most effective use of resources. The school remains flexible so as to respond quickly and effectively to unmet needs of deaf and hard-of-hearing children and youth of Iowa.

    11.11(2) Officers. The school has two statutory officers: the superintendent and the secretary-treasurer. The superintendent is the chief administrative officer of the school and has such authority and duties as delegated by the department of education. The secretary-treasurer is responsible for nonfaculty personnel, investments, financial transactions, financial records, maintenance of facilities and related services. The secretary-treasurer is also designated as business manager.

    11.11(3) Organization. The academic mission of the school is principally carried out through its elementary, middle school, and high school departments.

    11.11(4) Communications. Written and personal inquiry, submissions and requests should be addressed to the Office of the Superintendent, Iowa School for the Deaf, 3501 Harry Langdon Boulevard, Council Bluffs, Iowa 51503-7898, or the office of the Iowa Department of Education, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319. Generally, inquiries, submissions and requests by the public may be submitted by informal letter. However, application for some purposes is to be made on a specified form. A list of the forms, general description, and the address where they may be obtained are found at 281—11.12(256).

281—11.12(256) Forms. The school uses the following forms in its relations with the public. They are available from the superintendent’s office, Iowa School for the Deaf, 3501 Harry Langdon Boulevard, Council Bluffs, Iowa 51503-7898.

Application for student admission

Facilities Request Form

Employment—application for employment

281—11.13Reserved.

281—11.14(256) Transportation. Transportation from the institution to the residence of the parents or guardians and return to the institution for children enrolled in the Iowa School for the Deaf shall be reimbursed or provided as follows:

    11.14(1) Transportation or transportation reimbursement at a rate to be established annually by the department of education shall be provided to the parents or guardians of children who reside in the Council Bluffs area but do not live at the school and travel daily to the school.

    11.14(2) Transportation for children who attend the school and live outside the Council Bluffs area shall be provided in accordance with special education law.

281—11.15(256) General rules.

    11.15(1) Salespersons or agents for any product, proposition, or cause are prohibited from soliciting employees or students in any building or part of the school property, except with the permission of the superintendent.

    11.15(2) Permission is given by the superintendent for the solicitation of employees by charitable organizations under all of the following circumstances:

    a.  The charitable organization presents documentation of its tax-exempt status as provided in Section 501(C)(3) of the Internal Revenue Code.

    b.  The solicitation is conducted through the school’s campus mail system or once a year through an on-campus coordinated campaign of all eligible organizations meeting the conditions and giving written notice to the school of the desire to participate at least 120 days prior to the campaign period.

    c.  The organization may be expected to pay the administrative and out-of-pocket costs associated with using the campus mail system or other school facilities.

    d.  The solicitation by any one charitable organization may occur once in any calendar year.

    e.  No solicitation using the school’s facilities may occur except as described above; however, any eligible charitable organization may arrange to conduct information sessions at which no solicitation occurs, at times and places and in a manner the school deems reasonable.

    f.  Any eligible charitable organization acting pursuant to the authority of this rule may also make use of the payroll deduction system described in Iowa Code sections 70A.14 and 70A.15, if qualified under the terms of those provisions.

These rules are intended to implement Iowa Code chapter 256, subchapter V.