Notice of Intended Action

Early childhood Iowa initiative, ch 121

Untitled document

ARC 8529C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rulemaking related to early childhood Iowa initiative
and providing an opportunity for public comment

The Department of Health and Human Services hereby proposes to rescind Chapter 121, “Early Childhood Iowa Initiative,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code chapter 256I.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 256I and 2024 Iowa Acts, Senate File 2385.

Purpose and Summary

This proposed rulemaking implements the Early Childhood Iowa Initiative, which aims to empower individuals, communities, and state-level partners to achieve the desired results identified in Iowa Code section 256I.2. The desired results will be achieved as private and public entities work collaboratively. This initiative creates a partnership between communities and state-level partners to support children through age five and their families. The role of the Early Childhood Iowa State Board, area boards, and other state and local government agencies is to provide support, leadership, and facilitation of the growth of individual, community, and state responsibility in addressing the desired results.

This rulemaking also implements 2024 Iowa Acts, Senate File 2385, which eliminates the Early Childhood Stakeholders Alliance.

Finally, this rulemaking is combined with the Red Tape Review process under Executive Order 10, which would have normally occurred in calendar year 2026.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. A public hearing was held on the following date(s):

●November 12, 2024

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 Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 17, 2025. Comments should be directed to:

Victoria L. Daniels
Department of Health and Human Services
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
Phone: 515.829.6021
Email: victoria.daniels@hhs.iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

January 15, 2025
10 to 11 a.m.

Microsoft Teams
Meeting ID: 240 123 537 880
Passcode: 4MT8Ac

January 17, 2025
2:30 to 3:30 p.m.

Microsoft Teams
Meeting ID: 273 055 800 019
Passcode: FggQZn

Persons who wish to make oral comments at a 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 a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department 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 441—Chapter 121 and adopt the following new chapter in lieu thereof:

CHAPTER 121

EARLY CHILDHOOD IOWA INITIATIVE

441—121.1(256I) Definitions. For the purpose of these rules, the following definitions apply:

“Community partners” means individuals, early childhood service providers, and staff of other programs or agencies that communicate, coordinate and collaborate with an area board.

“Designation” means the status awarded by the state board to an early childhood Iowa area meeting the criteria established by the state board.

“Early childhood Iowa area” or “area” means the same as defined in Iowa Code section 256I.1.

“Early childhood Iowa area board” or “area board” means the same as defined in Iowa Code section 256I.1.

“Early childhood Iowa fund” means a fund created in the state treasury from which moneys are distributed to early childhood Iowa areas for the purpose of supporting children and their families.

“Early childhood Iowa office” means a state unit within the department to coordinate the early childhood Iowa initiative.

“Early childhood Iowa state board” or “state board” means the state of Iowa’s early childhood Iowa board as appointed by the governor that meets the membership criteria of citizens and state agency directors as voting members and legislators as nonvoting members.

“Evidence-based” means that a program has completed a randomized control trial conducted by an independent researcher and has demonstrated positive results for children and families. “Evidence-based” may also include research conducted by the program that has been published in a peer-reviewed journal that also demonstrates positive results for children and families. To be evidence-based, the program must include stringent standards for program replication including standards for implementation and monitoring to ensure that the program is being operated with fidelity to the original model.

“Indicator” means a measure that indirectly quantifies the achievement of a result.

“Result” means the effect desired for Iowans.

“State agency” means a department of the executive branch including but not limited to the departments of economic development, education, health and human services, and workforce development.

441—121.2(256I) Early childhood Iowa state board responsibility.

121.2(1) The state board will provide leadership and coordination for the development of Iowa’s early care, health and education system in cooperation with area boards, community partners and other state agencies.

121.2(2) The state board will:

a.Develop and implement a process for designating area boards. The state board will review the process at the close of each designation cycle.

b.Adopt state-level indicators with input from area boards. The state board will report on indicators each fiscal year and compare the data against baseline data and data from prior fiscal years as available. Indicators will measure all result areas of the early care, health and education system.

c.Adopt minimum standards to promote equal access to services subject to the authority of the area boards.

d.Adopt guidelines and standards for services provided under a school ready children grant. All guidelines and standards will be found in the online toolkit available on department’sofficial website.

e.Further the development of an early childhood integrated data system across state agencies and other partners.

f.Develop guidance to identify and improve the quality of services in early care, health and education programs, including evidence-based practices.

g.Promote other measures to advance the initiative.

441—121.3(256I) Early childhood Iowa coordination staff. In consultation with the state board, the department will provide fiscal oversight of the early childhood Iowa initiative. The fiscal oversight measures are defined in 441—Chapter 122.

441—121.4(256I) Early childhood Iowa areas.

121.4(1) The state board will approve early childhood Iowa area boundaries and the creation of area boards. Minimum criteria for areas and approval of area boards are set forth in Iowa Code section 256I.6.

121.4(2) The state board may waive any of the minimum criteria referenced in Iowa Code section 256I.6, if it is determined that exceptional circumstances exist. The state board further defines exceptional circumstances to include when the proposed change of boundaries creates hardship that reduces performance or quality of services within the area. The area board must provide compelling documentation of the hardship and clearly document the impact to performance or quality of services or both.

These rules are intended to implement Iowa Code sections 256I.1 through 256I.11.

Human Services Department

Open For Comments

This notice is open for comments for 27 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 1/17/2025

NOTE: You can also click the text in the document to make comments about specific sections.

Public Hearing

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 12/11/2024.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 441-121.1 Rule 441-121.2 Rule 441-121.3 Rule 441-121.4

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 256I.1 Iowa Code 256I.1 through 256I.11 Iowa Code 256I.6

Keywords

The following keywords and tags were added to this document. You may click a keyword to view related notices.

Definitions Early childhood Iowa areas Early childhood Iowa coordination staff Early childhood Iowa state board responsibility
Click To Comment