Pages 239 to 314 include ARC 1873B to ARC 1916B

Administrative rules review committee 230

Regulatory analysis, Dramshop liability
insurance requirements, 5.8 239

Schedule for rule making 228

Publication procedures 229

Administrative rules on CD–ROM 229

Agency identification numbers 237

CITATION OF ADMINISTRATIVE RULES 227

Filed, Substitute authorization, 14.143
ARC 1914B 293

Filed, Teachers of the hearing–disabled
and visually disabled—competency–based
endorsements, 15.2(6), 15.2(7)
ARC 1915B 293

Notice, Early ACCESS integrated system of
early intervention services, ch 120
ARC 1916B 242

Filed, Appeal procedures, 6.6(5), 6.7(4),
6.17, 6.19(6) ARC 1909B 294

Filed, Open enrollment, 17.2 to 17.5, 17.7,
17.8, 17.10, 17.11 ARC 1900B 294

Filed, Administrative fee—enrollees in
instructional course for drinking drivers,
21.32, 21.33 ARC 1902B 297

Filed, Driver education, rescind ch 26
ARC 1901B 298

Filed, Immediate eligibility for athletics,
36.15(3)“a”(4)“8” ARC 1903B 298

Filed, Fee—semiannual inspection of school
buses, 43.30 ARC 1904B 298

Filed, School breakfast and lunch program,
ch 58 ARC 1908B 298

Filed, Conservation education, rescind ch 68
ARC 1907B 299

Filed, Waiver of school breakfast program
requirement, rescind ch 69 ARC 1905B 299

Filed, Supplementary weighting, 97.1, 97.2,
97.4, 97.5 ARC 1906B 299

Notice, Air quality standards for concentrated
animal feeding operations; ambient air quality
standards, 20.2, 28.1 ARC 1876B 260

Notice, Animal feeding operations—interim
matrix, 65.1, 65.9(1); ch 65 appendix C
ARC 1878B 263

Filed, Wastewater construction and operation
permits, 64.6(2), 64.15 ARC 1877B 300

Filed Emergency, Animal feeding operations—
interim matrix, 65.1, 65.9(1); ch 65 appendix C
ARC 1899B 283

Filed Emergency, Waste tire management—open
burning, 117.4(3), 117.6(2) ARC 1898B 290

Notice, Filing repository for county, city,
school or other political subdivision
committee, rescind ch 3; 4.1, 4.6(1),
4.7, 4.21, 4.23, 4.24, 4.26, 4.40, 4.70(6)
ARC 1875B 263

Notice, Procedure for candidate to file amended
statement of organization when seeking a new
office, 4.2, 4.6(2) ARC 1873B 264

Notice, Segregation and timely deposit of funds;
information required; identification of financial
institution, account name; notice to treasurer,
4.5, 4.41 ARC 1888B 265

Filed, Iowa ethics and campaign disclosure
board; complaint, investigation, and resolution
procedure, chs 1, 5 ARC 1887B 300

Filed, Reconciled bank statement required with
January report and final report, 4.36, 4.110(3)
ARC 1886B 301

Filed, Trust to register as a political committee and
file disclosure reports, 4.47(3) ARC 1891B 301

Filed, Political business cards—removal of
words “paid for by,” 4.74(2) ARC 1884B 302

ETHICS AND CAMPAIGN DISCLOSURE
BOARD, IOWA[351] (Cont’d)

Filed, Civil penalties, ch 6 ARC 1885B 302

Filed, Board notification of candidates for
statewide office—filing of personal financial
statement, 11.1(2) ARC 1889B 302

Filed, Procedure for determining persons required
to file with the board—distribution of forms,
11.2 ARC 1890B 303

Notice Terminated, Capitol complex operations—
amplified sound, 3.4(14) ARC 1879B 265

Filed, Purchasing standards for service contracts,
ch 12 ARC 1911B 303

Filed, Uniform terms and conditions for service
contracts, ch 13 ARC 1912B 307

Notice, Elimination of limited Medicaid
eligibility for two groups, 75.1(36), 75.1(37)
ARC 1880B 266

Notice, Extension of time limit to process
applications for home– and community–
based services ill and handicapped and
mental retardation waivers, 83.2(1),
83.3(2), 83.61 ARC 1881B 266

Notice, Licensure for child–placing agencies and
foster family homes, amendments to chs 108,
113, 117, 156, 157, 200 ARC 1882B 268

Notice, Proposed workers’ compensation
rate filings 271

Notice, Workers’ compensation rate filing 271

Filed, Electronic filing—investment adviser
representatives, 50.95, 50.98 ARC 1913B 309

Notice, Fee—on–line renewal of permanent
medical license, 8.4(1)“c” ARC 1910B 272

Filed, Eligibility of claim—payment of
one–time reinstatement fee, 11.2(1)“c”
ARC 1894B 310

Notice, Sanitation for barbershops and
barber schools, ch 22 ARC 1893B 272

Filed, Barbers, ch 20, 26.1(4) ARC 1892B 310

Summarized list 234

Notice, Bail enforcement, private investigation and
private security businesses, 2.1 to 2.8, 2.10 to
2.12, 2.16, 2.17, 2.22, 2.23 ARC 1895B 274

Filed Emergency After Notice, Volunteer fire
fighter training and equipment fund, ch 55
ARC 1897B 291

Notice, Ruling on waivers and variances;
closing orders, 1.13, 8.11(2) ARC 1883B 281

Advisory Notice—Adjusted bid thresholds 281

Notice Terminated, Recreational trails program,
165.1, 165.2, 165.12(2), 165.15(1), 165.22,
165.23 ARC 1874B 281

Notice—Public funds interest rates 282

Filed, Assessment allocation rules,
17.1 to 17.9 ARC 1896B 310

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND 17A.6

__________________________________

The Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other “materials deemed fitting and proper by the Administrative Rules Review Committee” include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers’ Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)“a”]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking—Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike through letters indicate deleted material.

Subscriptions and Distribution Telephone: (515)242–5120
Fax: (515)242–5974

KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281–3355

STEPHANIE A. HOFF, Assistant Editor (515)281–8157

Fax: (515)281–4424

The Iowa Administrative Bulletin is sold as a separate publication and may be purchased by subscription or single copy. All subscriptions will expire on June 30 of each year. Subscriptions must be paid in advance and are prorated quarterly.

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Single copies may be purchased for $20.85 plus $1.25 sales tax.

The Iowa Administrative Code and Supplements are sold in complete sets and subscription basis only. All subscriptions for the Supplement (replacement pages) must be for the complete year and will expire on June 30 of each year.

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If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Microsoft Word, Word for Windows (Word 7 or earlier), and WordPerfect.

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2. Alternatively, you may send a PC–compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, First Floor South, Grimes State Office Building, or included with the documents submitted to the Governor’s Administrative Rules Coordinator.

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Containing: Iowa Administrative Code (updated through December 2001)
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For free brochures and order forms contact:

Legislative Service Bureau
Attn: Ms. Stephanie Cox
State Capitol
Des Moines, Iowa 50319
Telephone: (515)281–3566 Fax: (515)281–8027
lsbinfo@legis.state.ia.us

The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, September 10, 2002, at
9 a.m. and on Wednesday, September 11, 2002, at 9 a.m. in Room 116, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

To All Agencies:

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)“b” by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it was necessary to revise the agency identification numbering system, i.e., the bracketed number following the agency name.

“Umbrella” agencies and elected officials are set out below at the left–hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory “umbrellas.”

Other autonomous agencies which were not included in the original reorganization legislation as “umbrella” agencies are included alphabetically in small capitals at the left–hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of African–Americans, Division on the[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

Workforce Development Board and
Workforce Development Center Administration Division[877]

Pursuant to the authority of Iowa Code section 123.21, the Alcoholic Beverages Division of the Iowa Department of Commerce published Notice of Intended Action in the August 8, 2001, Iowa Administrative Bulletin as ARC 0854B to amend Chapter 5, “License and Permit Division,” Iowa Administrative Code.

A public hearing was held on Tuesday, August 28, 2001, at which time, both written and oral comments were received. Representatives of the Division met with the Administrative Rules Review Committee during its September 2001 meeting. The Administrative Rules Review Committee requested that the Division prepare a regulatory analysis of the proposed amendments pursuant to Iowa Code section 17A.4A. Iowa Code section 17A.4A(2)“a” expressly lists the criteria to be addressed. The full text of the regulatory analysis is published herein.

Interested parties may submit written suggestions or comments about the proposed amendments on or before September 10, 2002, by addressing them to Lynn M. Walding, Administrator, Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021, or via E–mail to Walding@IowaABD.com.

There will be a public hearing on September 10, 2002, at2 p.m. in the Boardroom, Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa, at which time persons may present their views about the proposed amendments either orally or in writing.

This regulatory analysis is published pursuant to Iowa Code section 17A.4A.

REGULATORY ANALYSIS

PROPOSED AMENDMENTS TO 185—5.8(123)

IOWA ADMINISTRATIVE CODE

Iowa’s Dramshop Act imposes liability on licensed on–premises establishments for the negligent sale of alcoholic beverages by allowing them to be sued if they sell alcohol to a person who later injures or kills someone. In effect, the Dramshop Act places a hand of restraint on licensees and permittees, protects the public’s health, safety and welfare, and provides an avenue of relief to those have been injured in person or property or means of support by an intoxicated person.

The Division’s rule 185—5.8(123) was adopted in 1973 and has not been amended since that time. During that same period, according to the consumer price index, the cost of living has increased nearly 400%. Inflation, in effect, has eroded the value of dramshop coverage to the point where dramshop coverage no longer protects the public. Under current rule 185—5.8(123), substantial portions of dramshop–related costs fall upon innocent victims. The proposed amendments to rule 185—5.8(123) will reverse that trend and restore meaningful dramshop protection to the citizens of Iowa, consistent with legislative intent.

Following are explanations of issues addressed in the proposed amendments.

• Permitted Policies

All policies issued under the proposed amendments shall be occurrence–based policies, not claims–made–based policies. Occurrence–based policies are proposed because claims–made policies generally cover only losses that occur during the policy period and are reported during the policy period. Claims–made policies will generally not cover losses that occurred prior to the policy period (except in cases of continuous coverage in the same company) and will not cover losses that occurred during the policy period unless the loss is also reported during the policy period. Claims–made policies are inadequate because many times a loss or incident will occur during a policy period, but a claim will not be filed until after the policy expires. Unless the claims–made policy has an extended reporting provision built into the policy, or unless the insured has purchased such coverage, any claim reported after the policy has expired would not be honored.

• Continuous Coverage Requirement

Dramshop liability insurance is a precondition to the issuance of all on–premises liquor licenses, and wine and beer permits. For this reason, dramshop insurance must remain in effect during the entire period of the license or permit. Suspension of a license or permit is merely suspension of the privileges allowed by the license or permit. The license continues during the period of the suspension. Thus, the insurance must also continue.

• Assault & Battery Exclusion

A high percentage of liquor liability claims are filed as a result of fights that occur in on–premises establishments. Allowing a liquor liability policy to be written with this exclusion attached would strip the policy of one of its major exposures and does not serve the public well.

The following regulatory analysis is provided in response to the request made by the Administrative Rules Review Committee at its September 11, 2001, meeting. The Committee’s request was formalized and clarified by memo dated September 14, 2001. The regulatory analysis addresses the criteria set forth in Iowa Code section 17A.4A(2)“a.”

The proposed amendments will likely increase insurance costs for many on–premises licensees and permittees. Following are the affected on–premises licenses and permits:

The proposed amendments will benefit more than 2.9 million Iowans by providing the level of compensation intended by the Dramshop Act should circumstances resulting in a claim arise.

Schedule rating criteria vary considerably by company. Usually, however, the higher the volume of alcohol sold, the higher the premium. Premiums and rates are based on gross sales increments set by insurance companies. However, alcohol receipts are not the only determining factor in liquor liability. Dance floors, live entertainment, hours of operation, training and supervision of employees, percentage of young patrons, and security personnel all play into the picture, pushing rates higher or lower. Due to the sheer numbers of receipts for alcohol, liquor liability insurance for bars is usually much more costly than that of restaurants. By their very nature, bars have more activity going on, are more prone to underage situations and sell more alcohol than food.

With assistance from the Iowa Division of Insurance and insurance industry members, the Division developed a survey to obtain information necessary to comply with the regulatory analysis requirement. Surveys were mailed to a random sampling of licensees and permittees throughout the state. All licensees were personally contacted to explain the reason for the survey and to emphasize that their participation was anonymous and voluntary. Completed surveys were to be returned to the Division no later than Monday, March 4, 2002. Of the 50 surveys sent, only 20 (40%) were returned.

Because the insurance industry does not have rates established for the proposed amendments, information received from survey participants was based on the industry’s “best guess.” Although the small number of responses to the survey does not adequately represent the licensee community, the Division was able to draw some conclusions. Of the licensees surveyed:

• 25% who currently carry low coverage would realize an increase from 18% to 158% in their rates.

• 60% would realize no increase because they already had more coverage than the amount required by the proposed amendments.

• 80% currently already carry occurrence policies as opposed to claims–made policies.

• 80% did not have an assault and battery exclusion clause in their current policies.

• 55% had policies that do not cover claims arising from events that occur during a suspension period.

See table of responses on pages 241 and 242 herein.

Because dramshop liability insurance is a prerequisite to the issuance of the on–premises licenses and permits mentioned in criterion 1 of this analysis, the Division currently has procedures in place to monitor dramshop liability insurance. Although there may be some increased activity in this administrative function, current staff will be able to manage any increased workload. Because local and state enforcement agencies currently monitor the compliance of licensed and permitted establishments, the Division expects no increased cost to those agencies. Since the issue of dramshop liability insurance is a public health, welfare and safety issue under the public policy provisions set forth in Iowa Code section 123.2, no state revenues are derived from this function.

Since rule 185—5.8(123) was adopted in 1973, the minimum insurance requirements set forth in the rule have not changed. According to the consumer price index, however, the cost of living from 1973 to 2001 has increased nearly 400%. While the minimum coverage was well in step with the cost of living in 1973, it is seriously outdated when compared with today’s cost of living.

Alcohol consumption, a widely accepted and often social practice, is believed to be directly responsible for killing and injuring thousands of people and causing millions of dollars in bodily injuries, property damages and economic losses annually. According to a report issued in 1995 by the Public Services Research Institute in cooperation with the National Highway Traffic Safety Administration (NHTSA), alcohol is a factor in 28 percent of Iowa crash costs. The 1995 report provides the following statistical information for 1995. Information for 1973 and 2001 was calculated using consumer price index data from the federal Bureau of Labor Statistics.

Inaction with regard to the increased insurance coverage does not meet the intent of the Dramshop Act because it does not adequately compensate the costs associated with dramshop claims in today’s society. Inaction will only increase the disparity as the cost of living continues to rise. It is important to remember that it is the victim who must absorb the cost of underinsured licensees and permittees. Undercompensation becomes more significant when the victim is seriously or permanently injured. The more seriously injured victim is more likely to have substantial hospital costs and significant lost wages, as well as ongoing medical expenses. Further, if a victim dies and is the primary wage earner, the victim’s family may be left with insufficient funds to care for themselves in the future.

Dramshop insurance is a means of cost shifting or attempting to allocate a portion of the losses associated with intoxicated patrons to the businesses that profit from the sales of alcoholic beverages. Under current Iowa law, there are no options to the dramshop insurance requirement. (See criterion 6 for further discussion of options.)

According to the mandate in Iowa Code section 123.92, “...every liquor control licensee and class “B” beer permittee, except a class “E” liquor control licensee, shall furnish proof of financial responsibility by the existence of a liability insurance policy in an amount determined by the division.” Although Iowa Code section 123.92 once provided for the posting of a bond in an amount determined by the Division, the provision was repealed by the 72nd General Assembly in its 1988 session. Currently, Iowa Code chapter 123 does not provide for any alternative or less intrusive method to the dramshop insurance mandate in Iowa Code section 123.92.

The Division poses the following “proof of financial responsibility” alternatives to dramshop liability insurance for consideration by the Iowa Legislature:

• Surety Bond with minimum coverage.

• Certificate deposited with the State Treasurer in cash or unencumbered securities.

• Membership in a self–insurance pool.

• Supplemental Compensation Fund (financed by deducted tax on alcohol manufacturers and distributors for claims over a designated amount).

• Deductibles ($250 or $500 per claim).

• Mandated server training.

Any legislated alternative must provide that a claimant whose claim against a licensee or permittee is not reduced to judgment because the liability limits of the surety bond, unencumbered securities, cash or self–insurance pool has been exhausted by prior claims. Under current law, server training is voluntary. However, mandated server training has proven to be an effective tool in reducing claims resulting from overserving patrons and often enables licensees and permittees to obtain discounted rates.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to adopt Chapter 120, “Early ACCESS Integrated System of Early Intervention Services,” Iowa Administrative Code.

The proposed new rules implement interagency requirements of 20 U.S.C. §1401 et seq., and the regulations adopted thereunder found at 34 CFR 303 for the provision of an integrated system of early intervention services for infants and toddlers with a condition that is known to have a high probability of later delays or a developmental delay and for their families.

No waiver provision is included because the Board of Education has adopted agencywide waiver rules.

Any interested party may make written suggestions or comments on the proposed rules on or before September 26, 2002, addressed to Jim Clark, Administrative Consultant, Bureau of Children, Family and Community Services, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146, or by fax (515)242–6019. The proposed new rules are available for public review on the Department of Education’s Web site at http://www.state.ia. us/educate/legis.html. Any interested party may make suggestions or comments on or before September 26, 2002, by E–mail to earlyaccessrules@ed.state.ia.us. Two public hearings will be held over the ICN on September 18, 2002, and September 26, 2002, from 4 to 6 p.m. at the following locations:

If a sign language interpreter or other special accommodations are needed at any of these meetings, requests should be made to the Bureau of Children, Family and Community Services, (515)281–3176, no later than September 3, 2002. All ICN sites are accessible to persons with disabilities.

These rules are intended to implement 34 CFR 303.

The following new chapter is proposed.

Adopt new 281—Chapter 120 to appear under Title XVIII, Early Childhood, as follows:

CHAPTER 120
EARLY ACCESS INTEGRATED SYSTEM OF
EARLY INTERVENTION SERVICES

281—120.1(34CFR303) Purpose. The overall purpose of this chapter is to establish administrative rules in accordance with Iowa Code section 256B.2 and 20 U.S.C. Chapter 33 of the Individuals with Disabilities Education Act and 34 CFR 303, Early Intervention Program for Infants and Toddlers with Disabilities, July 1, 1998, relative to the following:

1. Maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for eligible infants and toddlers with conditions or developmental delays throughout the state including those living in urban areas, in rural areas, and on Indian reservations;

2. Facilitate the coordination of payment for early intervention services from federal, state, local and private sources, including public and private insurance coverage;

3. Enhance Iowa’s capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to eligible children and their families; and

4. Enhance the capacity of state and local agencies and service providers to identify, evaluate and meet the needs of historically underrepresented populations, particularly minority, low–income, inner–city and rural populations. [34 CFR 303.1; 303.20; 303.100]

These rules apply to the signatory agencies identified in subrule 120.7(4), which include the state departments of education, public health, and human services, and the state’s title V program for children with special health care needs, referred to as child health specialty clinics.

281—120.2(34CFR303) Overall goal and outcomes of Early ACCESS. The overall goal of Early ACCESS is to provide early intervention resources, supports, and services to eligible children and their families within a coordinated, integrated system. Early ACCESS is aimed at the following four outcomes:

1. To enhance the development of eligible children;

2. To reduce the educational costs to society by minimizing the need for special education and related services after such children reach school age;

3. To maximize the potential of eligible children for independent living in society; and

4. To enhance the capacity of families to meet the needs of their eligible children. [20 U.S.C. 1431(a)]

281—120.3 Reserved.

281—120.4(34CFR303) Definitions. In this chapter,unless the context otherwise indicates, the following definitions are used:

“Assessment” means the ongoing procedures described in rule 281—120.27(34CFR303) used by appropriate qualified personnel throughout the period of a child’s eligibility to identify:

1. The child’s unique strengths and needs and the services appropriate to meet those needs; and

2. The resources, priorities, and concerns of the family, as well as the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the eligible child. [34 CFR 303.322(b)(2)]

“Child find” means that children who are suspected as being eligible for early intervention services are identified, located, and evaluated at no cost to the family. [34 CFR 303.165; 300.321(b)(1)]

“Community empowerment areas” means partnerships in local communities with broad representation to lead collaborative efforts involving education, health, and human service programs and services on behalf of the children, families and other citizens residing in the geographic area. Community empowerment areas mobilize individuals and their communities to achieve desired results in order to improve the well–being and quality of life for families with young children from birth through the age of five years. [Iowa Code chapter 28.2(3)]

“Community partners” means local providers of signatory agencies, as well as other public or private community programs or agencies, including Early Head Start, childcare providers, community empowerment areas, and health programs, that work with Early ACCESS, as described in subrule 120.8(2). [34 CFR 303.522]

“Consent” means:

1. A parent has been fully informed of all information relevant to the activity for which consent is sought, in a parent’s native language or other mode of communication;

2. A parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom; and

3. A parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. [34 CFR 303.401(a)(1)–(3)]

“Council” means the Iowa council for Early ACCESS. The council advises and assists the lead agency in the operation of the state’s Early ACCESS system. [34 CFR 303.8; 303.600; 303.650]

“CSPD” means a comprehensive system of personnel development.

“Day” means calendar day. [34 CFR 303.9]

“Early ACCESS” is the statewide comprehensive, interagency system of integrated early intervention services that supports eligible children and their families. Early ACCESS is part of a larger early care, health, and education system. Services are provided by public and private agencies in partnership with families. The purpose of Early ACCESS is to work together in identifying, coordinating and providing needed services and resources, including informal supports provided by communities, that will help families assist their infants or toddlers to grow and develop. [34 CFR 303.11]

“Eligible children” means infants and toddlers from birth to the age of three years who meet one of the following criteria:

1. Have a condition, based on informed clinical opinion, known to have a high probability of resulting in later delays in growth and development if early intervention services are not provided; or [34 CFR 303.16(b); 303.300(c)]

2. Have a developmental delay, which is a 25 percent delay as measured by appropriate diagnostic instruments and procedures and based on informed clinical opinion, in one or more of the following developmental areas: cognitive development, physical development including vision and hearing, communication development, social or emotional development, or adaptive development. [34 CFR 303.16(a); 303.161; 303.300(a)]

“Evaluation” means the procedures described in subrule 120.27(4) and used by appropriate qualified personnel trained to use appropriate methods or procedures to determine a child’s initial and continuing eligibility for EarlyACCESS consistent with the definition of “eligible children,” including determining the status of the child in each of the developmental areas. [34 CFR 303.322(b)(1)]

“Family” means the persons who are primarily responsible for the care and nurturing in the child’s daily life including parents or guardians, persons acting as parents, or siblings.

“Grantee” means a recipient of federal Part C funds or state funds designated for Early ACCESS that has the fiscal and legal obligation for ensuring that the Early ACCESS system is carried out regionally.

“IFSP team” means a group of participants, including a parent, described in rule 281—120.35(34CFR303) responsible for developing, reviewing and, if appropriate, revising an IFSP for an eligible child. [34 CFR 303.343]

“Include” or “including” means that the items named are not all of the possible items that are covered whether like or unlike the ones named. [34 CFR 303.15]

“Individualized education program” or “IEP” means the written record of an eligible individual’s special education and related services for children aged 3 years through 21 years with disabilities as defined in rule 281— 41.5(256B,34CFR300). [34 CFR 300.340(a)]

“Individualized family service plan” or “IFSP” means a written plan for providing early intervention services to an eligible child and the child’s family in accordance with division VII of these rules. [34 CFR 303.340(b)]

“Individuals with Disabilities Education Act” or “IDEA” means federal statute at 20 U.S.C. §1401 et seq., formerly the Education of the Handicapped Act (EHA), P.L. 94–142, which is the statutory authority for these rules. Regulations implementing IDEA are found at 34 CFR 300, 303.

• “Part B” means Part B of IDEA, 34 CFR 300, Assistance to States for the Education of Children with Disabilities, July 1, 1999, that applies to eligible children, as defined in rule 281—41.5(256B,34CFR300), who are transitioning to a preschool special education program.

• “Part C” means Part C of IDEA, 34 CFR 303, Early Intervention Program for Infants and Toddlers with Disabilities, July 1, 1998, that establishes the infants and toddlers program for eligible children from birth to the age of three years.

“Informed clinical opinion” means the integration of the results of evaluations, direct observations in various settings, and varied activities with the experience, knowledge, and wisdom of qualified personnel. Informed clinical opinion should be used in conjunction with best practice evaluation and assessment.

“Integrated system of Early ACCESS” means the statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for eligible children from birth to the age of three years and their families. [34 CFR 303.1(a)]

“Multidisciplinary” means the involvement of two or more disciplines or professions in the provision of integrated and coordinated early intervention services including evaluation and assessment activities and the development of the IFSP. [34 CFR 303.17]

“Native language,” when used with reference to a person with limited English–speaking ability, means the language or mode of communication normally used by the parent of the eligible child. In all direct contact with the child, communication shall be in the language normally used by the child and not that of a parent if there is a difference between the two. If a parent is deaf or blind, or has no written language, the mode of communication shall be that normally used by the person (such as sign language or Braille). [34 CFR 303.401(b); 303.403(c)]

“Natural environments” means settings that are natural or normal for a child who does not have a condition or developmental delay, including home and community settings. Whenever possible, intervention should be embedded into the child’s natural routines. [34 CFR 303.18]

“Parent” means:

1. A biological or adoptive parent of a child;

2. A guardian, but not the state if the child is a ward of the state;

3. A person acting in the place of a parent, such as a grandparent or stepparent with whom a child lives, or a person who is legally responsible for the child’s welfare;

4. A surrogate parent who has been assigned in accordance with rule 281—120.68(34CFR303); or

5. A foster parent, if:

• A biological parent’s authority to make the decisions required of parents under state law has been terminated; and

• The foster parent has an ongoing, long–term parental relationship with the child; is willing to make the decisions required of parents; and has no interest that would conflict with the interests of the child. [34 CFR 303.19]

“Part B” means Part B of IDEA, 34 CFR 300, Assistance to States for the Education of Children with Disabilities, July 1, 1999, that applies to eligible children, as defined in rule 281—41.5(256B,34CFR300), who are transitioning to a preschool special education program.

“Part C” means Part C of IDEA, 34 CFR 303, Early Intervention Program for Infants and Toddlers with Disabilities, July 1, 1998, that establishes the infants and toddlers program for eligible children from birth to the age of three years.

“Personally identifiable” means that information includes:

1. The name of the child, the child’s parent, or other family member;

2. The address of the child;

3. A personal identifier, such as the child’s or parent’s social security number; or

4. A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty. [34 CFR 303.401(c)]

“Qualified personnel” means persons who have met the entry–level requirements that are based on the highest requirement in the state applicable to the profession or discipline in which the person is providing early intervention services, as described in division V. [34 CFR 303.12(a)(3)(ii); 303.12(e); 303.22]

“Records” means to those records that are maintained by a provider or agency that are directly related to the child, and any information pertaining to an eligible child. The type of records covered under this term is further defined in the regulations implementing the Family Education Rights and Privacy Act of 1974 (34 CFR 99). [34 CFR 303.402; 303.540]

“School year” means the period during which students who are 3 years of age through 21 years of age attend school.

“Screening” means a brief, systematic process conducted by individuals appropriately trained in the screening procedure which is designed to identify children who should receive more in–depth evaluation.

“Service coordination” means assistance and servicesprovided by a service coordinator to an eligible child andthe child’s family, as described in rule 281— 120.15(34CFR303). [34 CFR 303.12(d)(11)]

“Service coordinator” means the person who assists the family in coordinating all services across agencies and serves as the single point of contact in helping families obtain the services and assistance they need, as described in rule 281— 120.15(34CFR303). [34 CFR 303.23(a)]

“Transition” means a coordinated set of activities that prepare the child and family for leaving the Early ACCESS system to enter a Part B preschool program or other community services, as described in division VIII. [34 CFR 303.148]

281—120.5 and 120.6 Reserved.

120.7(1) Early ACCESS statewide governance management structure. The governance structure for the EarlyACCESS system is described in the Early ACCESS interagency agreement and the federal Part C application.

120.7(2) Lead agency. The lead agency, appointed by the governor, is the fiscal and legal agent for administering federal funds under Part C and state funds specifically appropriated for Early ACCESS support. The state department of education was appointed lead agency on June 24, 1987. Responsibilities of the lead agency include:

a. Developing and implementing policies and procedures regarding the types of information to be gathered and the policies and parameters for sharing of information across agencies and programs, as well as such information that might be necessary for an annual report to the governor and the U.S. Department of Education;

b. Monitoring the agencies, institutions and organizations that provide early intervention services and supports;

c. Enforcing any obligations imposed under Part C on the agencies listed in paragraph “b”;

d. Providing technical assistance, if necessary, to agencies, institutions and organizations listed in paragraph “b”;

e. Correcting deficiencies that are identified through monitoring;

f. Adopting and carrying out complaint procedures;

g. Mediating any interagency disputes regarding early intervention services;

h. Establishing policies related to how early intervention services to eligible children and their families shall be paid for;

i. Establishing procedures to ensure the timely provision of services;

j. Ensuring that the following functions and services are provided at public expense:

(1) Child find requirements;

(2) Evaluation and assessment functions;

(3) Service coordination;

(4) Development and review of IFSPs;

(5) Implementation of procedural safeguards; and

(6) Other components of the statewide system of Early ACCESS;

k. Maintaining a data system to be utilized for gathering information regarding early intervention services provided for eligible children in Early ACCESS; and

l. Monitoring use of funds. [34 CFR 303.500–303.525]

120.7(3) Iowa council for Early ACCESS. The council shall be established by the lead agency. Members must be appointed by the governor to meet the Part C mandate and to ensure that the membership reasonably represents the population of the state. The governor shall designate a member of the council to serve as the chairperson or shall require the council to do so. Any member of the council who is a representative of the lead agency may not serve as the chairperson of the council.

a. Duties. The council shall advise and assist the lead agency in:

(1) Development and implementation of policies and programs that constitute the statewide system;

(2) Achieving the full participation, coordination and cooperation of all appropriate public agencies in the state that are providing early intervention services or otherwise contributing to the Early ACCESS system;

(3) Effective implementation of the statewide system by establishing a process that includes:

1. Seeking information from service providers, service coordinators, parents and others regarding any federal, state or local policies that impede timely service delivery; and

2. Taking steps to ensure that any policy issues are resolved;

(4) To the extent appropriate, resolution of disputes;

(5) Assignment of financial responsibility to the appropriate agency;

(6) Promotion of interagency agreements;

(7) Preparation of Part C applications and amendments to those applications;

(8) Transition of eligible children for preschool services under Part B of IDEA and rule 281—41.75(256B, 34CFR300,303);

(9) Preparation and submission of an annual report to the governor and the U.S. Secretary of Education on the status of the Early ACCESS system of early intervention programs and services;

(10) Provision of appropriate services for children from birth to the age of five years, inclusive; and

(11) Identification of sources of fiscal and other sup–port for services for early intervention programs. [34 CFR 303.600, 303.650–303.654]

The council may advise appropriate agencies in the state with respect to the integration of services for eligible children and their families, regardless of whether at–risk infants and toddlers are eligible for early intervention services in the state.

b. Composition of the council. The council shall be composed as follows:

(1) At least 20 percent shall be parents, including minority parents, of eligible children or children 12 years of age or younger with a condition or developmental delay, with knowledge of, or experience with, programs for infants and toddlers with a condition or developmental delay. At least one member must be a parent of an infant, toddler, or child 6 years of age or younger with a disability;

(2) At least 20 percent of the members shall be public or private providers of early intervention services;

(3) At least one member shall be from the state legislature;

(4) At least one member shall be involved in personnel preparation;

(5) At least one member shall be from a Head Start or Early Head Start agency or program in the state;

(6) At least one member shall be from each of the state agencies that are involved in the provision of, or payment for, early intervention services to eligible children and their families and shall have sufficient authority to engage in policy planning and implementation on behalf of the signatory agencies;

(7) At least one member shall be from the state educational agency responsible for preschool services to children with a condition or developmental delay who has sufficient authority to engage in policy planning and implementation on behalf of that agency;

(8) At least one member shall be from the agency responsible for the state governance of health insurance; and

(9) Other members may be selected by the governor, including a representative from the Bureau of Indian Affairs (BIA) or, where there is no school operated or funded by the BIA, from the Indian health services or the tribe or tribal council. [34 CFR 303.601]

c. Council meetings. The council must:

(1) Meet at least quarterly in such locations as it deems necessary;

(2) Publicly announce the meetings sufficiently in advance of the dates the meetings are to be held to ensure that all interested parties have an opportunity to attend;

(3) To the extent appropriate, hold meetings that are open and accessible to the general public; and

(4) Provide interpreters for persons who are deaf attending council meetings. In addition, other special accommodations for both council members and participants who give advance notice of their needs to staff of the council shall be provided as appropriate at council meetings. [34 CFR 303.603]

d. Conflict of interest. No member of the council may cast a vote on any matter that would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest. [34 CFR 303.604]

e. Executive committee. The executive committee shall consist of the council chairperson; the vice–chairperson; at least two council members, one of whom is a parent; and a council representative from each of the signatory agencies. The executive committee is responsible for the following:

(1) Initially reviewing and discussing information and issues that will be addressed by the full council;

(2) Establishing the framework for overall council business, including the calendar of meetings and the agenda for council meetings; and

(3) Facilitating the implementation of the interagency agreement among the signatory agencies described in subrule 120.7(4).

120.7(4) Signatory agencies. The departments of education, public health, and human services and the child health specialty clinics shall enter into an interagency agreement to formalize their joint commitments to the establishment and ongoing implementation and evaluation of a comprehensive, integrated, interagency Early ACCESS system. The Iowa department of education is responsible for providing education programs and services for preschool and school–age students, including children with disabilities, from birth through 21 years of age. The Iowa department of human services administers social service programs in order to help and empower individuals and families to become increasingly self–sufficient and productive. The Iowa department of public health administers public health programs in order to promote and protect the health of Iowans. The child health specialty clinics are the statewide public health program for children with special health care needs, as designated by the legislature. [34 CFR 303.523; 20 U.S.C. 1411, 1419(a),(h), 1432(4)(B), 1435(a)(10)]

120.7(5) Interagency agreement. The agreement between signatory agencies shall outline the commitment of these agencies to the implementation of an interagency, integrated system of Early ACCESS and:

a. Reflect the interagency vision and guiding principles of Early ACCESS;

b. Define the population to be served;

c. Identify roles, responsibilities and expectations of the signatory agencies;

d. Outline financial responsibilities described in rule 281—120.79(34CFR303);

e. Describe parameters for policy development and management decisions;

f. Describe procedures for resolving disputes;

g. Identify transition activities from Part C services;

h. Describe child find efforts; and

i. Describe the roles and responsibilities of the signatory agencies and assigned staff. [34 CFR 303.523]

120.8(1) Early ACCESS grantees. Early ACCESS grantees shall have the fiscal and legal obligation for ensuring that the Early ACCESS system is carried out regionally. Early ACCESS grantees shall be designated by the lead agency, and shall exist, at a minimum, in geographic areas that ensure statewide coverage as determined by the lead agency.

a. Policies. Each grantee shall establish in accordance with these rules the policies pertinent to a regional EarlyACCESS system and shall make such policies available to the lead agency upon request. At a minimum, such policies shall include the following:

(1) Policy to ensure that appropriate early intervention services are available to all eligible children in the state and their families, including Indian infants and toddlers and their families residing on a reservation or settlement geographically located in the state, in accordance with rule 281— 120.23(34CFR303);

(2) Policy to ensure that all infants and toddlers in the state who are eligible for services under these rules are identified, located, and evaluated, and that an effective method to determine which children are receiving needed early intervention services is developed and implemented, in accordance with rule 281—120.23(34CFR303);

(3) Policy regarding the development and implementation of individualized family service plans, in accordance with division VII;

(4) Policy for the establishment and maintenance of standards to ensure that personnel necessary to carry out the requirements of these rules are appropriately and adequately prepared and trained, in accordance with division V;

(5) Policy pertaining to contracting or making other arrangements with public or private service providers to provide early intervention services and service coordination, in accordance with rule 281—120.83(34CFR303); and

(6) Policy to ensure a smooth transition to preschool or other appropriate services for children receiving early intervention services under these rules, in accordance with division VIII.

b. Procedures. Each grantee shall develop, in accordance with these rules, written procedures pertinent to the implementation of a regional Early ACCESS system, and shall make such procedures available to the lead agency upon request. At a minimum, such procedures shall include the following:

(1) Procedures to ensure that all infants and toddlers who are eligible for services under these rules are identified, located, and evaluated and that an effective method to determine which children are receiving needed early intervention services is developed and implemented, in accordance with rule 281—120.23(34CFR303);

(2) Procedures for use by primary referral sources for referring a child to the appropriate public agency within the system for evaluation and assessment or, as appropriate, the provision of services, in accordance with subrule 120.27(2);

(3) Procedures to ensure provision of early intervention services and service coordination, including the appoint–ment of service coordinators, in accordance with subrule 120.27(2);

(4) Procedures to ensure documentation and the development and implementation of an interim IFSP in the event of exceptional circumstances that make it impossible to complete the evaluation and assessment within 45 days, in accordance with rule 281—120.30(34CFR303);

(5) Procedures for conducting nondiscriminatory evaluation and assessment, in accordance with rule 281— 120.28(34CFR303);

(6) Procedures for the development and implementation of individualized family service plans, in accordance with division VII;

(7) Procedures for the establishment and maintenance of standards to ensure that personnel necessary to carry out the purposes of these rules are appropriately and adequately prepared and trained, in accordance with division V;

(8) Procedures for ensuring procedural safeguards that meet the requirements of these rules, in accordance with division IX;

(9) Procedures for ensuring maintenance and confi–dentiality of records, as described in rules 281— 120.42(34CFR303) and 281—120.65(34CFR303);

(10) Procedures to allow parties to disputes to resolve the disputes through a mediation process, in accordance with rule 281—120.70(34CFR303);

(11) Procedures for providing mediation for the timely administrative resolution of complaints by parents regarding an individual child, in accordance with subrules 120.69(4) and 120.71(1);

(12) Procedures for resolving a complaint that any public agency is violating a requirement of Part C, in accordance with paragraph 120.69(1)“a”;

(13) Procedures related to how services to eligible children and their families will be paid for under the state’s early intervention program, in accordance with division XI;

(14) Procedures for the timely provision of services, ensuring that no service to which a child is entitled is delayed or denied because of disputes between agencies regarding financial or other responsibilities, in accordance with subrule 120.83(1);

(15) Procedures for resolving intra–agency and interagency disputes about payments for a given service or about other matters related to the state’s early intervention program in accordance with interagency agreement(s) and with rule 281—120.79(34CFR303);

(16) Procedures to ensure that services are provided to eligible children and their families in a timely manner pending the resolution of disputes among public agencies or service providers, in accordance with subrule 120.71(7); and

(17) Procedures for securing the timely reimbursement of funds, in accordance with rule 281—120.84(34CFR303).

c. Collaboration. Early ACCESS grantees shall collaborate with local representatives of signatory agencies, community partners, and families in the development, implementation and monitoring of policies and procedures described in this rule. Early ACCESS grantees shall designate an individual who has primary responsibility for coordinating regional implementation and serving as a liaison to the lead agency.

120.8(2) Community partners. Community partners include state and local representatives of signatory agencies, as well as other regional and community agencies and providers, public and private, including physicians, Early Head Start, child care providers, community empowerment areas, and health programs, that work with Early ACCESS when providing early intervention services or other supports suchas supporting family participation in improving the Early ACCESS system, early identification of eligible children, service coordination, provision of other needed services or resources, and other efforts to improve the Early ACCESS system. [34 CFR 303.522]

281—120.9 to 120.11 Reserved.

281—120.12(34CFR303) Early intervention services. “Early intervention services” means services that:

1. Are provided under public supervision by qualified personnel at no cost to families; [34 CFR 303.12(a)(3)]

2. Are designed to meet:

• The developmental needs of eligible children, and

• The needs of the family related to enhancing the child’s development; [34 CFR 303.12(a)(1)]

3. Are selected in collaboration with the parents; [34 CFR 303.12(a)(2)]

4. Meet the standards of the state, including the requirements of this chapter; [34 CFR 303.12(a)(4)]

5. Are subject to the exclusions on health services as defined in paragraph 120.14(5)“b”; and

6. Are provided in conformity with an individualized family service plan. [34 CFR 303.12(a)(3)(iii)]

281—120.13(34CFR303) Services in natural environment. To the maximum extent appropriate to the needs of the eligible child, early intervention services are to be provided in a natural environment. “Natural environment” means settings that are natural or normal for an eligible child’s age peers who have no disabilities. Natural settings also include home and community settings in which children withoutdisabilities participate. [34 CFR 303.12(b); 303.18; 303.344(d)(1)(ii)]

120.13(1) Setting other than natural environment. The provision of early intervention services for each eligible child may occur in a setting other than a natural environment only if the IFSP team, based on the evaluation and assessment conducted and the provisions of the IFSP, determines that early intervention cannot be achieved satisfactorilyfor the child in a natural environment. [34 CFR 303.344(d)(1)(ii)]

120.13(2) Exceptions. The provisions on natural environments do not apply to services listed in an IFSP that are intended to meet the needs of a parent or other family member and not the needs of the child, such as participation of a parent in a parent support program. [34 CFR 303.341(d)]

281—120.14(34CFR303) Types of early intervention services. Intervention includes the following types of services:

120.14(1) “Assistive technology device” means any item, piece of equipment or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of children eligible for Early ACCESS. [34 CFR 303.12(d)(1)]

120.14(2) “Assistive technology service” means a service that directly assists an eligible child or the child’s parent in the selection, acquisition, or use of an assistive technology device for the child. Assistive technology services include:

a. The evaluation of the needs of an eligible child including a functional evaluation of the child in the child’s customary environment;

b. Purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by an eligible child;

c. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

d. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

e. Training or technical assistance for an eligible child or, if appropriate, for the child’s family; and

f. Training or technical assistance for professionals, including individuals providing early intervention services, or other individuals who provide services to or are otherwise substantially involved in the major life functions of an eligible child. [34 CFR 303.12(d)(1)(i–vi)]

120.14(3) “Audiology services” include:

a. Identification of children with auditory impairment, using at–risk criteria and appropriate audiologic screening techniques;

b. Determination of the range, nature and degree of hearing loss and communication functions by use of audiological evaluation procedures;

c. Referral for medical and other services necessary for the habilitation or rehabilitation of children with hearing loss;

d. Provision of auditory training, aural rehabilitation, speech reading and listening device orientation and training, and other services;

e. Provision of services for prevention of hearing loss; and

f. Determination of a child’s need for individual amplification, including selecting, fitting and dispensing appropriate listening and vibrotactile devices, and evaluating the effectiveness of those devices. [34 CFR 303.12(d)(2)]

120.14(4) “Family training, counseling and home visits” means services provided by social workers, psychologists, special educators and other qualified personnel to assist the family of an eligible child in understanding the special needs of the child and enhancing the child’s development. [34 CFR 303.12(d)(3)]

120.14(5) “Health services” means services necessary to enable a child to benefit from the other early intervention services under Early ACCESS during the time that the child is receiving the other early intervention services.

a. Health services include:

(1) Services such as clean intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or colostomy collection bags and other health services;

(2) Consultation by physicians with other service providers concerning the special health care needs of an eligible child that need to be addressed in the course of providing other early intervention services.

b. Health services do not include the following:

(1) Services that are surgical in nature, such as cleft palate surgery, surgery for club foot, the shunting of hydrocephalus, or the installation of devices such as pacemakers, cochlear implants or prostheses;

(2) Services that are purely medical in nature, such as hospitalization for management of congenital heart ailments or the prescribing of medicine or drugs for any purpose;

(3) Devices necessary to control or treat a medical or other condition; or

(4) Medical–health services, such as immunizations and periodic well–child exams that are routinely recommended for all children. [34 CFR 303.12(d)(4); 303.13]

120.14(6) “Medical services only for diagnostic or evaluation purposes” means services to determine a child’s developmental status and need for early intervention services which are provided by a licensed physician, physician’sassistant, advanced registered nurse practitioner, or otherlicensed health care provider if such services are within the provider’s scope of practice as provided in Iowa law. [34 CFR 303.12(d)(5)]

120.14(7) “Nursing services” include:

a. The assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems;

b. Provision of nursing care to prevent health problems, restore or improve functioning and promote optimal health and development; and

c. Administration of medications, treatments and reg–imens prescribed by a licensed physician. [34 CFR 303.12(d)(6)]

120.14(8) “Nutrition services” include:

a. Conducting individual assessments of:

(1) Nutritional history and dietary intake;

(2) Anthropometric, biochemical, and clinical variables;

(3) Feeding skills and feeding problems; and

(4) Food habits and food preferences;

b. Developing and monitoring appropriate plans to address the nutritional needs of an eligible child; and

c. Making referrals to appropriate community resources to carry out nutrition goals. [34 CFR 303.12(d)(7)]

120.14(9) “Occupational therapy” includes services to address the functional needs of a child related to adaptive development; adaptive behavior and play; and sensory, motor, and postural development. These services are designed to improve the child’s functional ability to perform tasks in home, school and community settings, and include:

a. Identification, assessment and intervention;

b. Adaptation of the environment and selection, design and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and

c. Prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability. [34 CFR 303.12(d)(8)]

120.14(10) “Physical therapy” includes services to address the promotion of sensorimotor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status and effective environmental adaptation. These services include:

a. Screening, evaluation and assessment of eligible children from birth to the age of three to identify movement dysfunction;

b. Obtaining, interpreting and integrating information appropriate to program planning to prevent, alleviate or compensate for movement dysfunction and related functional problems; and

c. Providing individual and group services or treatment to prevent, alleviate, or compensate for movement dysfunction and related functional problems. [34 CFR 303.12(d)(9)]

120.14(11) “Psychological services” include:

a. Administering psychological and developmental tests and other assessment procedures;

b. Interpreting assessment results;

c. Obtaining, integrating and interpreting information about child behavior and about child and family conditions related to learning, mental health and development; and

d. Planning and managing a program of psychological services, including psychological counseling for children and parents, family counseling, consultation on child de–velopment, and parent education programs. [34 CFR 303.12(d)(10)]

120.14(12) “Social work services” include:

a. Making home visits to evaluate a child’s living conditions and patterns of parent–child interaction;

b. Preparing a social or emotional developmental assessment of the child within the family context;

c. Providing individual and family–group counseling with parents and other family members and appropriate social skill–building activities with the child and parent(s);

d. Working with those problems in a child’s and family’s living situation, including in the home, in the community and at any center where early intervention services are provided, that affect the child’s maximum utilization of early intervention services; and

e. Identifying, mobilizing and coordinating community resources and services to enable the child and family to receive maximum benefit from early intervention services. [34 CFR 303.12(d)(12)]

120.14(13) “Special instruction” includes:

a. The design of learning environments and activities that promote the child’s acquisition of skills in the following developmental areas: cognitive, physical including vision and hearing, communication, social or emotional, and adaptive;

b. Planning that leads to achieving the outcomes in the child’s IFSP, including curriculum planning, the planned interaction of personnel and planning with respect to the appropriate use of time, space and materials;

c. Providing families with information, skills and support related to enhancing the skill development of the child; and

d. Working with the child to enhance the child’s development. [34 CFR 303.12(d)(13)]

120.14(14) “Speech–language pathology services” include:

a. Identification of children with communicative or oropharyngeal disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills;

b. Referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communicative or swallowing disorders and delays in development of communication skills;

c. Provision of services for the habilitation, rehabilitation or prevention of communicative or swallowing disorders and delays in development of communication skills; and

d. Counseling and guidance of parents, children and teachers regarding speech and language impairments. [34 CFR 303.12(d)(14)]

120.14(15) “Transportation and other related costs” includes the cost of travel, such as mileage or travel by taxi, common carrier or other means, and related costs, such as tolls and parking expenses, that are necessary to enable an eligible child and the child’s family to receive early intervention services. [34 CFR 303.12(d)(15)]

120.14(16) “Vision services” means:

a. Evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays, and abilities;

b. Referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders, or both; and

c. Communication skills training, orientation and mobility training for all environments, visual training, independent living skills training and additional training necessary to activate visual motor abilities. [34 CFR 303.12(d)(16)]

120.15(1) Access to service coordination. To address each child’s and family’s unique needs within an integrated system of services, the child and family must be able to access service coordination. Service coordination must be available to assist and enable an eligible child and the child’s family to receive the rights, procedural safeguards, and services that are authorized to be provided under these rules. Service coordination is an ongoing process designed to facilitate and enhance the delivery of early intervention services. [34 CFR 303.23]

120.15(2) Interagency system of service coordination. The signatory agencies and community partners shall work with families to support an effective system of service coordination consistent with these rules. [34 CFR 303.23(a)–(c)]

120.15(3) Service coordinator. Each eligible child and the child’s family must be provided with one service coordinator who is responsible for coordinating all early intervention and other services identified on the IFSP across agencies and for serving as the single point of contact in helping parents obtain the services and assistance that the parents need. The service coordinator shall be a partner with each family in continuously seeking the appropriate services, resources and supports necessary to benefit the development of each child being served for the duration of the child’s eligibility. The service coordinator also shall assist the family in accessing early intervention services and resources from a variety of formal and informal community agencies or providers. The service coordinator shall facilitate communication among early intervention service providers across agencies, resulting in a more coordinated and responsive delivery system. [34 CFR 303.23(a)]

120.15(4) Who can be a service coordinator. Service coordinators shall meet the qualifications found in subrule 120.19(8) and may be from any of the signatory agencies, or Early ACCESS grantees, or may be individuals or agencies who have a contract, memorandum of understanding, or memorandum of agreement with grantees.

120.15(5) Responsibilities of service coordinator. Minimum responsibilities of interagency service coordinators include:

a. Assisting parents of eligible children in gaining access to the early intervention services and other services identified in the IFSP;

b. Facilitating the timely delivery of available services;

c. Using family–centered practices in all contacts with families;

d. Explaining the system of services and resources called Early ACCESS;

e. Assisting families in identifying and accessing available resources and services needed, and actions to meet needs;

f. Coordinating the performance of evaluations and assessments;

g. Informing families of the availability of advocacy services and explaining family rights;

h. Facilitating and participating in the development, review and evaluation of IFSPs;

i. Coordinating with medical and health providers;

j. Coordinating and monitoring the delivery of available services;

k. Managing the case file, including the IFSP and all necessary related information and reports;

l. Providing necessary information at formal periodic reviews and annual evaluations of the IFSP; and

m. Facilitating the development of a transition plan in accordance with division VIII of these rules. [CFR 303.23(a),(b)]

120.15(6) Appointment of service coordinator. An appointed service coordinator shall be assigned to families as soon as possible after a referral is received at the designated regional Early ACCESS point of contact for each geographic area. The service coordinator for a child and family may change following determination of eligibility and development of the IFSP, based on the needs of the child and family. Continuity of services for the child and family shall be a consideration in the determination of whether a change should be made in the service coordinator at any time following initial appointment. [34 CFR 303.23(c); 303.344(g)]

281—120.16 to 120.18 Reserved.

120.19(1) Definitions. As used in this division:

“Highest requirements in the state applicable to a specific profession or discipline” means the highest entry–level academic degree needed for any state–approved or state–recognized certification, licensing, registration or other comparable requirements that apply to that profession or discipline. [34 CFR 303.361(a)(2)]

“Profession or discipline” means a specific occupational category that:

1. Provides early intervention services to eligible children and their families;

2. Has been established or designated by the state; and

3. Has a required scope of responsibility and degree of supervision. [34 CFR 303.361(a)(3)]

“State–approved or state–recognized certification, licensing, registration, or other comparable requirements” means the requirements that have been promulgated by the state to establish the entry–level standards for employment in a specific profession or discipline within the Early ACCESS system. [34 CFR 303.361(a)(4)]

120.19(2) CSPD. The signatory agencies shall support and implement an interagency comprehensive system of personnel development to ensure that there will be sufficient numbers of qualified and skilled providers of EarlyACCESS supports and services. The system must provide for preservice and in–service training to be conducted on an interdisciplinary basis, to the extent appropriate. It must also provide for a variety of personnel needed to meet the needs of eligible children, including public and private providers, primary referral sources, paraprofessionals, and persons who will serve as service coordinators. The personnel development system may include:

a. Implementing innovative strategies and activities for the recruitment and retention of early intervention service providers;

b. Promoting the preparation of early intervention providers who are fully and appropriately qualified to provide early intervention services;

c. Training personnel to work throughout the state; and

d. Training personnel to coordinate transition services for eligible children from an early intervention program in Early ACCESS to a Part B preschool program or to otherpreschool or other appropriate services. [34 CFR 303.360(c)(1)–(4)]

120.19(3) Appropriate professional requirements. Entry– level requirements for qualified and skilled providers of Early ACCESS supports and services:

a. Are based on the highest requirements in the state applicable to the profession or discipline in which a person is providing early intervention services; and

b. Establish suitable qualifications for personnel providing early intervention services to eligible children and their families who are served by state, local and private agencies. [34 CFR 303.361(a)(1),(2)]

120.19(4) Qualified providers. Providers of early intervention services shall meet the certification and licensure requirements of the licensing body governing the type of support or service being provided as a part of the child’s IFSP. [34 CFR 303.22; 303.361(a)(4)]

120.19(5) Use of paraprofessionals and assistants. Paraprofessionals and assistants who are appropriately trained and supervised, in accordance with the highest standards within the state, may assist in the provision of early intervention services to eligible children. [34 CFR 303.361(f)]

120.19(6) Scope of training. The CSPD for the EarlyACCESS system shall ensure that the training provided relates specifically to:

a. Understanding the basic components of early intervention services available in the state;

b. Meeting the interrelated social or emotional, health, developmental and educational needs of eligible children; and

c. Assisting families in enhancing the development of their children and in participating fully in the development and implementation of IFSPs. [34 CFR 303.360(b)(4)]

120.19(7) General role of service providers. In addition to providing direct early intervention services as defined in division IV, to the extent appropriate, service providers for each area of early intervention shall be responsible for:

a. Consulting with parents, other service providers, and representatives of appropriate community agencies to ensure the effective provision of services in that area;

b. Training parents and others regarding the provision of those services; and

c. Participating in the multidisciplinary team’s assessment of a child and the child’s family, and in the development of integrated goals and outcomes for the IFSP. [34 CFR 303.12(c)]

120.19(8) Qualifications of service coordinator. A service coordinator must be a person who, in accordance with subrule 120.40(10), has completed a competency–based training program with content related to knowledge and understanding of eligible children, these rules, the nature and scope of services in Early ACCESS in the state, and the system of payments for services, as well as service coordination responsibilities and strategies. The competency–based training program, approved by the lead agency, shall include different training formats and differentiated training to reflect the background and knowledge of the trainees, including those persons who are state–licensed professionals whose scope of practice includes service coordination. The lead agency or its designee shall determine whether service coordinators have successfully completed the training. [34 CFR 303.23(d)]

281—120.20 to 120.22 Reserved.

281—120.23(34CFR303) Child find system. The signatory agencies, with the advice and assistance of the council, shall maintain and improve a comprehensive interagency child find system in all areas of the state, including urban and rural areas and Indian settlements or reservations, to ensure that all children from birth to the age of three years who may be eligible for Early ACCESS are identified, located and referred for evaluation.

120.24(1) Central directory. The early intervention system must include a central directory of information regarding the following:

a. Public and private early intervention services, resources and experts available in the state;

b. Research and demonstration projects being conducted in the state; and

c. Professional and other groups, including parent support groups and advocate associations, that provide assistance to eligible children and their families.

Central directory information shall be listed so as to ensure that the general public will be able to determine the nature and scope of the services and assistance available from each of the sources listed in the directory. In addition, the central directory information shall enable a parent of an eligible child to contact, by telephone or letter, any of the sources listed in the directory. The central directory shall be updated at least annually and be accessible in the language of parents or other mode of communication to the general public in each geographic region of the state, including rural areas, and in places and in a manner that ensures accessibility by a person with a disability. [34 CFR 303.162; 303.301]

120.24(2) Public awareness. The public shall be made aware of the Early ACCESS system and of the need to identify, locate and evaluate all eligible children from birth to the age of three years so that early intervention supports and services can be provided to meet each child’s needs and those of the child’s family. Comprehensive public awareness activities shall be carried out by the signatory agencies. Public awareness shall involve communication with agencies and organizations in the state that have a direct interest in early intervention including private providers, professional associations, parent groups, advocacy associations and other organizations. Public awareness activities shall include ways to inform the public about the Early ACCESS system and the child find system, including:

a. The purpose and scope of the system;

b. How to make referrals;

c. How to gain access to comprehensive, multidisciplinary evaluation and early intervention services; and

d. The central directory of available early intervention services. [34 CFR 303.164; 303.320]

281—120.25 and 120.26 Reserved.

281—120.27(34CFR303) Comprehensive identification procedures. Comprehensive identification procedures, including screening, referral, multidisciplinary evaluation, family assessment, and eligibility determination procedures, shall be utilized across the regional programs provided by the signatory agencies and other community partners. When appropriate, all of the signatory agencies and the community partners shall participate in the evaluation of young children from birth to the age of three years, referred for early intervention services. Because the needs of infants and toddlers change so rapidly during the course of a year, certain evaluation procedures may need to be repeated before conducting the periodic reviews and annual evaluation meetings. [34 CFR 303.322(a)]

120.27(1) Screening. Screening is a brief procedure used by qualified individuals to determine a potential or suspected condition or delay in one or more areas of child growth and development. Screening results shall be used in determining the need for referral for further evaluation.

120.27(2) Referral. Referral is a systematic methodor process of linking potentially eligible children to Early ACCESS for identification or further evaluation as needed. Referrals may either be verbal or in writing and must be made no more than two working days after a child has been identified by a primary referral source. Once a grantee ordesignee receives a referral for further screening or evaluation, a service coordinator must be appointed as soon as possible. Primary referral sources include:

a. Parents, families or other persons designated by a parent;

b. Other federally funded programs such as Head Start, Early Head Start and Even Start;

c. Hospitals or high–risk follow–up programs;

d. Physicians;

e. Advanced registered nurse practitioners;

f. Child care programs;

g. Local or area education agencies;

h. Public and private health providers;

i. Social service agencies; and

j. Other child–serving agencies, including those supported by community empowerment areas. [34 CFR 300.321(d)]

120.27(3) Consent. Written parental consent shall be obtained before evaluations are conducted in accordance with rule 281—120.67(34CFR303). Parents have the right to refuse evaluations and assessments for their child. [34 CFR 303.404]

120.27(4) Evaluation. Multidisciplinary evaluation includes those procedures used by appropriate qualified personnel to determine a child’s initial and continuing eligibility for Early ACCESS and to gather information for planning to address the needs of the child and the child’s family. Evaluation shall be provided at no cost to parents. In addition, evaluation must:

a. Be conducted by two or more personnel trained to utilize appropriate methods and procedures;

b. Be based on informed clinical opinion; and

c. Include the following:

(1) A review of existing data, including screening results, evaluations, and pertinent records related to the child’s current health status and medical history;

(2) An evaluation of the child’s level of functioning in developmental areas, including cognitive development, physical development including vision and hearing, communication development, social or emotional development, and adaptive development; and

(3) An assessment of the unique needs of the child in the above–listed developmental areas. [34 CFR 303.322(b),(c); 303.521]

120.27(5) Family assessment. Family assessment must be family–directed, voluntary on the part of the family, and designed to determine the resources, priorities and concerns of the family and the identification of supports and services necessary to enhance the family’s capacity to meet the developmental needs of the child. If an assessment of the family is carried out, the assessment must:

a. Be conducted by personnel trained to utilize appropriate methods and procedures;

b. Be based on information provided by the family through a personal interview; and

c. Incorporate the family’s description of its resources, priorities and concerns related to enhancing the child’s development. [34 CFR 303.322(d)]

120.27(6) Determination of eligibility. The multi–disciplinary IFSP team, described in rule 281— 120.35(34CFR303), shall determine eligibility of children for early intervention services based on the definition of“eligible children” in rule 281—120.4(34CFR303). [34 CFR 303.300]

281—120.28(34CFR303) Nondiscriminatory procedures. All agencies shall use nondiscriminatory evaluation and assessment procedures. Public agencies responsible for the evaluation and assessment of children and families shall ensure, at a minimum, that:

1. Tests and other evaluation materials and procedures are administered in the native language of a parent or child or other mode of communication, unless it is clearly not feasible to do so;

2. Any assessment and evaluation procedures and materials that are used are selected and administered so as not to be racially or culturally discriminatory;

3. No single procedure is used as the sole criterion for determining a child’s eligibility for Early ACCESS; and

4. Evaluations and assessments are conducted by qualified personnel. [34 CFR 303.323]

281—120.29(34CFR303) Services prior to completion of evaluation and family assessment. Early intervention services may commence before the completion of the evaluation and family assessment in order to facilitate the provision of services in the event that a child may have obvious immediate needs and if the following conditions are met:

1. Parental consent is obtained; and

2. An interim IFSP is developed that includes:

• The name of the service coordinator who shall be responsible for the facilitation of its implementation and for coordination with other persons and agencies.

• Early intervention services that have been determined to be needed immediately by the child and the child’s family at the time of referral; and

3. The requirements for the timely evaluation and family assessment are not circumvented. [34 CFR 303.345]

281—120.30(34CFR303) Required timeline. The process of evaluation, family assessment and the development of an IFSP must be completed within 45 calendar days following receipt of a verbal or written referral for evaluation. If there are exceptional circumstances, such as the child’s being ill, that make it impossible to complete the evaluation and assessment activities within the 45 days, these circumstances must be documented and, to the extent possible, an interim IFSP, described in rule 281—120.29(34CFR303), shall be developed and implemented. [34 CFR 303.322(e)]

281—120.31 to 120.33 Reserved.

281—120.34(34CFR303) IFSP process. The goal of the IFSP process is to empower families with the resources, skills, and processes to meet the needs of the eligible child and the family in order to enhance the child’s growth and development. The IFSP is written in collaboration with the family and may be modified or altered by mutual agreement between a parent and service coordinator, or parent and provider of early intervention services, based on the changing needs of the child and the family. Parents and families shall be continually involved in all aspects of the identification, evaluation and assessment; IFSP planning, implementation, evaluation, review, and revision processes; and transition planning. For a child who has been evaluated for the first time and determined to be eligible, a meeting to develop the initial IFSP must be conducted within the 45–day time period indicated in rule 281—120.30(34CFR303). [34 CFR 303.340]

281—120.35(34CFR303) Participants at initial IFSP meeting. The initial IFSP meeting must include:

1. A parent of the child;

2. Other family members as requested by a parent, if feasible;

3. An advocate or person outside the family, if a parent requests that the person participate;

4. The service coordinator who has been working with the family since the initial referral of the child for evaluation, or who has been designated by Early ACCESS to be responsible for implementation of the IFSP;

5. A person or persons directly involved in conducting the evaluations and assessment;

6. Persons who may be providing services to the child and family as appropriate; and

7. A primary health care provider or designee, if feasible. [34 CFR 303.343]

281—120.36(34CFR303) Alternate methods of involvement. The participation of a person who has been directly involved in conducting evaluations, assessments, or medical diagnoses and who is unable to attend the initial IFSP meeting or periodic review may be achieved through a variety of means including:

1. Participation in a conference call;

2. Making pertinent records available at the meeting; or

3. Having a person who is qualified to interpret the evaluation and assessment results and their service implications attend the meeting. This person could be one of the participants described in rule 281—120.35(34CFR303). [34 CFR 303.343(a)(2)]

281—120.37(34CFR303) IFSP meeting notice. Meeting arrangements shall be made with, and written notice provided to, the family and other participants in advance of the meeting date to ensure that the parties will be able to attend. [34 CFR 303.342(d)(2)]

281—120.38(34CFR303) Accessibility and convenience of meetings. IFSP meetings must be conducted:

1. In settings and at times that are convenient to families; and

2. In the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so. [34 CFR 303.342(d)(1)]

281—120.39(34CFR303) Interagency service planning. An IFSP process shall be developed by the lead agency and shall be reviewed and approved by the signatory agencies. The process shall be used by all signatory agencies to document the ongoing work between families and providers across all agencies that are providing a service or resource to meet identified needs.

120.40(1) Developmental status of the child. The IFSP shall include a statement of the child’s present levels of physical development including vision, hearing and health status; cognitive development; communication development; social or emotional development; and adaptive development. The status of each area shall be based on professionally acceptable objective criteria and information provided by the family. [34 CFR 303.344(a)]

120.40(2) Priorities and concerns of the family. With the concurrence of the family, the IFSP shall include a statement of the family’s resources, priorities and concerns related to enhancing the development of the child and the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the child. [34 CFR 303.344(b)]

120.40(3) Desired outcomes. The IFSP must contain a statement of the major outcomes expected to be achieved for the child and the child’s family and the procedures, strategies, criteria and timelines used to determine progress toward achieving the outcomes and whether modifications or revisions of outcomes or services are necessary. [34 CFR 303.344(c)]

120.40(4) Early intervention services. The IFSP must include a statement of the specific early intervention services necessary to meet the unique needs of the child and the family and to achieve the outcomes specified within the IFSP. [34 CFR 303.344(d)(1)]

120.40(5) Frequency, intensity, method, and location. The IFSP must specify the following about the early intervention supports and services to be provided:

a. Frequency and intensity. Number of days or sessions that a service will be provided, the length of time the service is provided during each session, and whether the service is provided on an individual or group basis;

b. Method. How a service is provided; and

c. Location. The actual place or places where a service will be provided. [34 CFR 303.344(d)(1)]

120.40(6) Statement of natural environments. The IFSP shall contain a statement of the natural environments in which early intervention services shall be provided asdescribed in rule 281—120.13(34CFR303). [34 CFR 303.344(d)(1)(ii)]

120.40(7) Justification for other setting in IFSP. For each early intervention service to be provided to the child, the IFSP team shall determine if the child’s needs are being met in a natural environment. If the team determines that a specific service for the child must be provided in a setting other than a natural environment, such as a center–based program that serves children with disabilities or another settingappropriate to the age and needs of the child, a justifica–tion must be included in the child’s IFSP. [34 CFR 303.344(d)(1)(ii)]

120.40(8) Payment arrangements. The IFSP must include a statement of the payment arrangements, if any, for each early intervention service, as described in division XI. [34 CFR 303.344(d)(1)(iv)]

120.40(9) Dates and duration of services. The date of initiation of services as soon as possible after the IFSP meeting and the projected duration of services shall be listed in the IFSP. [334 CFR 303.344(f)]

120.40(10) Service coordinator. The IFSP must include the name of the service coordinator from the profession most immediately relevant to the needs of the child or family, or the name of the person who is otherwise qualified to carry out service coordination functions, who shall be responsible for facilitating the implementation of the IFSP and coordination with other agencies and persons, as described in subrules 120.15(5) and 120.15(6). [34 CFR 303.344(g)]

120.40(11) Transition at the age of three years. To the extent appropriate, the IFSP shall address the transition of the child to early childhood special education, preschool, or other appropriate services. The IFSP must address the steps to be taken to support the transition of the child, as described in division VIII. [34 CFR 303.344(h)]

120.40(12) Other services. To the extent appropriate, the IFSP must include:

a. Medical and other services that the child needs, but that are not required under Early ACCESS, and

b. The funding sources to be used in paying for these services or the steps that will be taken to secure these services through public or private services.

The requirements of this subrule apply to routine medical services, such as immunizations and well–child care, when a child needs those services and the services are not otherwise available or being provided. [34 CFR 303.344(e), Note 3]

281—120.41(34CFR303) Parental consent before providing services. The contents of the IFSP must be fully explained to a parent and informed written consent from a parent must be obtained prior to the provision of early intervention services described in the IFSP. If a parent does not provide consent with respect to a particular early intervention service or withdraws consent after first providing it, that service shall not be provided. The early intervention services for which parental consent is obtained must be provided. [34 CFR 300.342(e)]

281—120.42(34CFR303) Maintenance of records. The official copy of the IFSP shall be maintained by the regional Early ACCESS grantee, and a copy shall be provided to a parent, the service coordinator, and service providers specified within the IFSP.

281—120.43(34CFR303) Provision of year–round services. The Early ACCESS grantee shall ensure that Early ACCESS components and services are available 12 months a year to meet the needs of the eligible child and family.

281—120.44(34CFR303) Responsibility and accountability for IFSPs. Each agency or person who has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child’s IFSP. However, such agency or person shall not be held accountable if an eligible child does not achieve the growth projected in the child’s IFSP. [34 CFR 303.346]

281—120.45 and 120.46 Reserved.

281—120.47(34CFR303) Assessments. Interagency assessment of each child served within the Early ACCESS system shall include ongoing procedures used by qualified personnel throughout the period of a child’s eligibility. The purpose of ongoing assessment is to identify the child’s unique strengths and needs and the services appropriate to meet those needs. In addition, resources, priorities and concerns of the family and the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the child shall be included within ongoing assessment. Periodic or ongoing assessment will determine the degree to which progress is being made by the child and family toward achieving the desired outcomes and whether modifications or revision of the outcomes or service is necessary. Verbal or written feedback shall be provided to parents regarding ongoing assessment of their child. [34 CFR 303.322(b)(2)]

281—120.48(34CFR303) Periodic review. At least every six months, or more frequently if conditions warrant or if the family requests such a review, a periodic review of the IFSP must be held to determine the degree to which progress toward achieving the outcomes is being made and whether modification or revision of the outcomes or services is necessary. Periodic reviews may be carried out by a meeting or by another means that is acceptable to a parent and other participants, such as a conference call. [34 CFR 303.342(b)]

281—120.49(34CFR303) Periodic review team. Participants in the periodic review shall include:

1. Parent or parents of the child;

2. Other family members as requested by a parent, if feasible to do so;

3. An advocate or person outside the family, if the family requests;

4. The designated service coordinator who has been working with the family since the initial referral of the child for evaluation, or who has been designated by the grantee or designee to be responsible for implementation of the IFSP.

5. If conditions warrant, the periodic review team shall include the participation of:

• A person or persons directly involved in conducting the evaluations and assessments;

• As appropriate, persons who will be providing services to the child or family; or

• A primary health care provider or designee. [34 CFR 303.343]

281—120.50(34CFR303) Annual review. A meeting must be conducted at least annually to evaluate the IFSP and revise its provisions, as appropriate. The results of any current evaluations and other information available from ongoing assessments of the child and family shall be used to determine any changes in the provisions of the IFSP. [34 CFR 303.342(c)]

281—120.51(34CFR303) Annual review team participants. The annual meeting to evaluate the IFSP mustinclude those participants identified at rule 281— 120.35(34CFR303).

281—120.52(34CFR303) Alternative methods of involvement. When a person who has been directly involvedin conducting evaluations or assessments is unable to attend initial IFSP meetings, periodic reviews or annual IFSPmeetings, alternative methods of involvement shall be used, as described in rule 281—120.36(34CFR303). [34 CFR 303.343(a)(2)]

281—120.53 to 120.55 Reserved.

281—120.56(34CFR303) Transition process. All children receiving services under Early ACCESS shall have a smooth transition when exiting from Early ACCESS. There shall be continuity of services for children during the transition proc–ess. Families shall be involved throughout the transitionprocess for their child. [34 CFR 303.148]

281—120.57(34CFR303) Transition plan and continuity of services. The IFSP must contain steps to be taken to support the transition of the child from early intervention services to preschool services under Part B or to other services that are available. These steps include, but are not limited to:

1. Discussions with, and training of, parents, as appropriate, regarding future placements and other matters related to the child’s transition;

2. Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to and function in a new setting; and

3. With parental consent, the transmission of information about the child to the local education agency or other relevant agency to ensure continuity of services including evaluation and assessment, and information and copies of IFSPs that have been developed and implemented in accordance with division VII. [34 CFR 303.344(h)]

A transition plan shall be developed that includes the child’s program options for the period from the child’s third birthday through the remainder of the school year, and the preschool or other services to be provided following the child’s third birthday. [34 CFR 303.148]

281—120.58(34CFR303) Family involvement and notification of the local education agency. The signatory agencies shall have policies explaining how families of children will be included in the transition planning for their children. In addition, there shall be policies explaining how the grantee will notify local education agencies in the area that an eligible child resides that the child will shortly reach the age of eligibility for preschool services under Part B of IDEA. Parents shall be involved in such notification. [34 CFR 303.148(a), (b)]

281—120.59(34CFR303) Transmittal of records. In order to facilitate the child’s smooth transition to preschool or other appropriate services and to ensure continuity of services for the child, the applicable signatory agency or community partner must obtain parental consent prior to transmitting anyrecords of the child to the local education agency or other applicable agency or program. Records that may be transmitted include:

1. Evaluation and assessment information.

2. Copies of IFSPs that have been developed and implemented. [34 CFR 303.344(h)(2)(iii)]

281—120.60(34CFR303) Transition planning for students not eligible for Part B preschool services. In the case of a child who may not be eligible for preschool services under Part B, with the approval of a parent of the child, the Early ACCESS service coordinator, a parent and appropriate service providers who may have been or potentially may be serving the child and family shall make reasonable efforts to convene a conference among the lead agency, or grantee designee, and providers of other appropriate services for the purpose of discussing the appropriate services that the child may need. [34 CFR 303.148(b)(2)(ii)]

281—120.61(34CFR303) Transition planning for students eligible for Part B preschool services. In the case of a child who may be eligible for preschool services under Part B, with the approval of a parent of the child, a conference shall be convened among the lead agency or grantee designee, the service coordinator, the family, the local education agency, and providers of other appropriate services at least90 days and, at the discretion of the parties, up to 6 months before the child transitions to preschool services to discuss any services that the child may receive. [34 CFR 303.148(b)(2)(i)]

281—120.62 to 120.64 Reserved.

120.65(1) Confidentiality of information. Consistent with federal and state law, grantees shall adopt and implement policies and procedures to ensure the protection of any personally identifiable information collected, used, or maintained under these rules, including the right of parents to written notice of and written consent to the exchange of this information among agencies. These policies and procedures must meet the requirements in 34 CFR 300.560 through 300.576. [34 CFR 303.460]

120.65(2) Parental access to records. A parent of an eligible child shall be afforded the opportunity to inspect and review records relating to evaluations and assessments, eligibility determination, development and implementation of IFSPs, individual complaints dealing with the child, and provision of any other activity or process described in these rules involving records concerning the child and family. [34 CFR 303.402]

120.66(1) Service coordinator ensures timely notice. Under the direction of any grantee, agency, public provider or private provider, the service coordinator shall ensure that adequate written prior notice is provided to the parents within a reasonable time before a public agency or service provider proposes or refuses to initiate or change the identification, evaluation or placement of the child or the provision of appropriate early intervention services to the child and the child’s family. [34 CFR 303.403(a)]

120.66(2) Content of notice. The notice shall contain information in sufficient detail to inform a parent about:

a. The action that is being proposed or refused;

b. The reasons for taking the action;

c. All procedural safeguards that are available under this division for the child and family; and

d. The state complaint procedures, described in rule 281—120.69(34CFR303), including a description of how to file a complaint and the timelines under those procedures. [34 CFR 303.403(b)]

120.66(3) Native language.

a. The notice must be:

(1) Written in language understandable to the general public; and

(2) Provided in the native language of the parents, unless it is clearly not feasible to do so.

b. If the native language or other mode of communication of the parent is not a written language, the service coordinator shall take steps to ensure that:

(1) The notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication;

(2) The parent understands the notice; and

(3) There is written evidence that these notice requirements have been met.

c. If a parent is deaf or blind, or has no written language, the mode of communication must be that normally used by the parent (such as sign language, Braille or oral communication). [34 CFR 303.403(c)]

120.67(1) Consent. “Consent” means that:

a. The parent has been fully informed in the parent’s native language or other mode of communication of all information relevant to the activity for which consent is sought;

b. The parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom the records will be released; and

c. The parent understands that the granting of consent is voluntary on the part of the parent, and may be revoked at any time. [34 CFR 303.401(a)(1–3)]

120.67(2) Parental consent required. Written parental consent shall be obtained before:

a. Conducting the initial evaluation and assessment, as defined in subrule 120.27(4); and

b. Initiating the provision of early intervention services. [34 CFR 303.404(a)]

120.67(3) Consent not given. If consent is not given, the grantee shall make reasonable efforts to ensure that a parent:

a. Is fully aware of the nature of the evaluation or assessment or the services that are available; and

b. Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.

A grantee may initiate procedures to challenge a parent’s refusal to consent to the initial evaluation of the parent’schild and, if successful, obtain the evaluation. [34 CFR 303.404(b), Note 2; 34 CFR 300.505(b)]

120.68(1) Conditions when a surrogate is needed. The grantee shall ensure that the rights of an eligible child are protected if no parent can be identified; the grantee, after reasonable efforts, cannot discover the whereabouts of a parent; or the child is a ward of the state. The duty of the grantee shall include the assignment of an individual to act as a surrogate for the parent. This shall include a method for determining whether a child needs a surrogate parent and assigning a surrogate parent to the child. [34 CFR 303.406(a),(b)]

120.68(2) Criteria for selecting surrogates. The grantee shall ensure that a person selected as a surrogate parent:

a. Has no interest that would conflict with the interest of the child that the surrogate parent represents;

b. Has knowledge and skills that ensure adequate representation of the child; and

c. Not be an employee of any state agency or a person or an employee providing early intervention services to the child or to any family members of the child. A person who otherwise qualifies to be a surrogate parent is not an employee solely because the person is paid by a public agency to serve as a surrogate parent. [34 CFR 303.406(c),(d)]

120.68(3) Responsibilities. A surrogate parent may represent a child in all matters related to the evaluation and assessment of the child; development and implementation of the eligible child’s IFSP, including annual evaluations and periodic reviews; the ongoing provision of early intervention services to the eligible child; and any other rights established in these rules. [34 CFR 303.406(e)]

120.69(1) General. The lead agency shall adopt written procedures for:

a. Resolving any complaint, including a complaint filed by an organization or individual from another state, that any public agency or private service provider is violating a requirement of Part C of IDEA or of these rules;

b. Providing for the filing of a complaint with the lead agency or, at the lead agency’s discretion, providing for the filing of a complaint with a public agency and the right to have the lead agency review the public agency’s decision on the complaint; and

b. Widely disseminating the complaint procedures to parents and other interested individuals, including parent training centers, protection and advocacy agencies, independent living centers and other appropriate entities. [34 CFR 303.510(a)]

120.69(2) Remedies for denial of appropriate services. In resolving a complaint in which it finds a failure to provide appropriate services, the lead agency, pursuant to its general supervisor authority under Part C, must address:

a. How to remediate the denial of those services, including, as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child and the child’s family; and

b. Appropriate future provision of services for eligible children and their families. [34 CFR 303.510(b)]

120.69(3) Procedures for filing complaint. An individual or organization may file a written signed complaint with the lead agency that includes a statement that the state has violated a requirement of Part C of IDEA or these rules and the facts on which the complaint is based. The alleged violation must have occurred not more than one year before the date that the complaint is received by the lead agency, unless a longer period is reasonable because the alleged violation continues for that child or other children, or the complainant is requesting reimbursement or corrective action for a violation that occurred not more than three years before the date on which the formal complaint is received. [34 CFR 303.511]

120.69(4) Minimum state complaint procedures. There shall be a time limit of 60 calendar days after a formal complaint is filed with the lead agency in which the lead agency shall:

a. Carry out an independent on–site investigation, if the lead agency determines that an investigation is necessary;

b. Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

c. Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part C of IDEA or these rules; and

d. Issue a written decision to the complainant that addresses each allegation in the complaint and contains:

(1) Findings of fact and conclusions; and

(2) The reasons for the lead agency’s final decision. [34 CFR 303.512(a)]

120.69(5) Time extensions; final decisions. The lead agency’s procedures described in subrule 120.69(3) must permit an extension of the time limit only if exceptional circumstances exist with respect to a particular complaint, and must include procedures for effective implementation of the lead agency’s final decision, if needed, including technical assistance activities, negotiations, and corrective actions to achieve compliance. [34 CFR 303.512(b)]

120.69(6) Complaint and due process hearing filed. If a written complaint is received that is also the subject of a due process hearing or contains multiple issues, of which one or more are part of that hearing, the state must set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not part of the due process action must be resolved within the 60–calendar–day timeline using the complaint procedures described in subrule 120.69(3). If an issue is raised in a complaint that has previously been decided in a due process hearing involving the same parties:

a. The hearing decision is binding; and

b. The lead agency must inform the complainant to that effect.

A complaint alleging a public agency’s or private service provider’s failure to implement a due process decision must be resolved by the lead agency. [34 CFR 303.512(c)]

120.70(1) General. The signatory parties shall ensure that mediation procedures are established and implemented by grantees to allow parties to dispute matters involving refusal to initiate or change the identification, evaluation, or placement of a child, or the provision of appropriate early intervention services to the child and the child’s family. At a minimum, the mediation process to resolve a dispute must be available whenever a hearing is requested under rule 281— 120.71(34CFR303). [34 CFR 303.419(a)]

120.70(2) Requirements.

a. The procedures must meet the following requirements:

(1) The mediation process shall be voluntary on the part of the parties;

(2) The mediation process shall not be used to deny or delay a parent’s right to a due process hearing or to deny any other rights afforded under these rules; and

(3) The mediation process shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. [34 CFR 303.419(b)(1)]

b. The lead agency shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.

c. The lead agency shall bear the cost of the mediation process, including the costs of mediation meetings.

d. Each session in the mediation process must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.

e. An agreement reached in the mediation process by the parties to the dispute must be set forth in a written mediation agreement.

f. Discussions that occur during the mediation process must be confidential and shall not be used as evidence in any subsequent due process hearings or civil proceedings. The parties to the mediation process shall be required to signa confidentiality pledge prior to the commencement of the process. [34 CFR 303.419(b)(2)]

120.70(3) Meeting to encourage mediation. Parents who elect not to use the mediation process may meet with a disinterested party who is under contract with the state parent training and information center or an appropriate alternative dispute resolution entity that shall explain the benefits of the mediation process and encourage the parents to use the proc–ess. The meeting shall be carried out at a time and location that is reasonably convenient to the parents. [34 CFR 303.419(c)]

120.71(1) General. The lead agency shall ensure that there are written procedures for a timely administrative resolution of requests for hearings filed by parents of eligible children concerning early intervention matters described in subrule 120.70(1). [34 CFR 303.420]

120.71(2) Administrative law judge. The lead agency must ensure that any due process hearings carried out are conducted by an administrative law judge who:

a. Has knowledge about Early ACCESS and Part C of IDEA and the needs of and services available for eligible children and their families;

b. Is not an employee of any agency or other entity involved in the provision of early intervention services or care of the child; and

c. Does not have a personal or professional interest that would conflict with the administrative law judge’s objectivity in implementing the process.

The administrative law judge’s duties include listening to the presentation of relevant viewpoints about the dispute that is the subject of the hearing, examining all information relevant to the issues, seeking to reach a timely resolution of the dispute, and providing a record of the proceedings, including a written decision. [34 CFR 303.421]

120.71(3) Parental rights in due process hearings. Any parent involved in a due process hearing has the right to:

a. Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services for eligible children;

b. Present evidence and confront, cross–examine and compel the attendance of witnesses;

c. Prohibit the introduction of any evidence of the proceeding that has not been disclosed to the parent at least five days before the proceeding;

d. Obtain a written or electronic verbatim transcription of the proceeding; and

e. Obtain written findings of fact and decisions. [34 CFR 303.422]

120.71(4) Convenience of hearings and timelines.

a. Any due process hearing must be carried out at a time and place that is reasonably convenient to the parent.

b. Within 30 days after the receipt of a parent’s request for a due process hearing, the impartial hearing shall be conducted and a copy of the written decision shall be mailed to each of the parties. [34 CFR 303.423]

120.71(5) Status of child during proceedings. During the pendency of any proceeding involving a request for a due process hearing, unless the public agency and parents of a child otherwise agree, the child must continue to receive the appropriate early intervention services currently being provided. If the hearing involves an application for initial services, the child must receive those services that are not in dispute. [34 CFR 303.425]

120.71(6) System–level disputes. System–level disputes involve conflicts over the roles or responsibilities of an agency partner within the Early ACCESS system. System–level disputes may involve financial matters, the implementation of Early ACCESS system aspects that are not law or rules, such as interagency agreements and policies and procedures, or the implementation of provisions of the interagency agreement. The interagency agreement shall detail the resolution of informal and formal intra–agency and interagency system–level disputes. [34 CFR 303.523; 303.524]

120.71(7) Delivery of services in a timely manner. Each grantee shall be responsible for the development of procedures to ensure that services are provided to children eligible for Early ACCESS in a timely manner, pending the resolution of disputes among public agencies or service providers. [34 CFR 303.525]

120.71(8) Civil action. Any party aggrieved by the findings of an administrative law judge has the right to bring a civil action in state or federal court. [34 CFR 303.424]

281—120.72 to 120.74 Reserved.

281—120.75(34CFR303) Monitoring. The signatory agencies shall implement an interagency continuousimprovement monitoring system that focuses on self–assessment, improvements based on self–assessment, and state–level validation of integrated service system functioning and compliance efforts to improve outcomes for children and families. [34 CFR 303.501]

120.75(1) Evaluation and improvement. Each grantee, in conjunction with signatory agencies or the lead agency, or both, shall implement activities designed to evaluate and improve the Early ACCESS system. These activities shall document the performance of eligible children resulting from the provision of early intervention services.

120.75(2) Research. Each grantee shall cooperate in research activities designed to evaluate and improve the Early ACCESS system when such activities are sponsored by the lead agency, or a signatory agency when approved by the lead agency, to assess and ensure the effectiveness of efforts to serve eligible children.

120.75(3) Records and reports. Each signatory agency or grantee shall maintain sufficient records and reports for audit by the lead agency. Records and reports shall include at a minimum:

a. State–approved or recognized certification, licensing, registration, or other comparable requirements for all personnel providing early intervention services.

b. All IFSP meetings and annual or periodic reviews for each eligible child.

c. Data required for federal and state reporting.

281—120.76 and 120.77 Reserved.

281—120.78(34CFR303) Services at public expense for eligible children and families, and coordination of interagency resources. The state shall provide early intervention services as defined in rule 281—120.14(34CFR303) for eligible children at no charge to the child and parent. The signatory agencies shall be responsible for the identification and coordination of all available resources for early intervention services within the state, including federal, state, local and private sources, and for updating this information if a legislative or policy change is made under any of these sources. Federal funding sources include:

1. Title V of the Social Security Act, relating to Maternal and Child Health;

2. Title XIX of the Social Security Act, relating to the general Medicaid Program, and Early Periodic Screening, Diagnosis, and Treatment (EPSDT);

3. The Head Start Act;

4. Parts B and C of IDEA;

5. The Developmental Disabilities Assistance and Bill of Rights Act, Public Law 94–103; and

6. Other federal programs. [34 CFR 303.521; 303.522]

281—120.79(34CFR303) Interagency agreement. The signatory agencies shall have provisions within a current interagency agreement that defines the financial responsibility for paying for or providing early intervention services in accordance with state law and Part C of IDEA. The interagency agreement shall include procedures for achieving a timely resolution of intra–agency and interagency disputes about payments for a given service, or disputes about other matters related to the state’s early intervention program. Such procedures must include a mechanism for making a final determination that is binding upon the agencies involved. The interagency agreement shall include any additional provisions necessary to ensure effective cooperation and coordination among all agencies involved in the Early ACCESS system. [34 CFR 303.523]

281—120.80(34CFR303) Payer of last resort. Part Cfunds may not be used to satisfy a financial commitment for services that would otherwise have been paid for from another public or private source, including any medical program administered by the Secretary of Defense, but for the enactment of Part C. Early ACCESS funds, state and federal, shall be used only for early intervention services that an eligible child needs but is not currently entitled to under any other federal, state, local or private source. [34 CFR 303.527(a)]

281—120.81(34CFR303) Nonsupplanting and payment for services. Part C funds shall be used to supplement the level of state and local funds expended for eligible children and their families for Early ACCESS, and in no case to supplant those state and local funds. To meet the requirements of nonsupplanting, the total amount of state and local funds budgeted for expenditures in the current fiscal year for early intervention services for eligible children and their families under Early ACCESS must be at least equal to the total amount of state and local funds actually expended for early intervention services for these children and their families in the most recent preceding fiscal year for which the information is available. Allowance may be made for:

1. Decreases in the number of children who are eligible to receive early intervention services under Early ACCESS; and

2. Unusually large amounts of funds expended for such long–term purposes as the acquisition of equipment and the construction of facilities. [34 CFR 303.124]

Proceeds from public or private insurance are not treated as program income for purposes of calculating nonsupplanting requirements. If a public agency spends reimbursements from federal funds such as Medicaid, or uses private insurance payments for early intervention services, these funds also shall not be considered state or local funds for purpose of the nonsupplanting requirements. Nothing in these rules should be construed to alter the requirements imposed on a state Medicaid agency, or any other agency administering a public insurance program by federal statute, regulations or policy under Title XIX or Title XXI of the Social Security Act, or any other federal insurance program. [34 CFR 303.520(d); 303.527(c)]

281—120.82(34CFR303) Use of insurance. Parents shall not be required to sign up for or enroll in a public insurance program in order for their child to receive early intervention services.

120.82(1) Use of public insurance. Medicaid and other public insurance benefits in which a child participates may be used to provide or pay for early intervention services, as permitted under the public insurance program, except that:

a. The state shall not require parents to incur an out–of–pocket expense such as the payment of a deductible or copayment amount incurred in filing a public insurance claim for services provided under Early ACCESS. The state must pay the cost that a parent otherwise would be required to pay.

b. The state shall not use a child’s benefits under a public insurance program without obtaining parental consent, if that use would:

(1) Decrease available lifetime coverage or any other insured benefit;

(2) Result in the family’s paying for services that would otherwise be covered by the public insurance program if not for the provision of services under Early ACCESS;

(3) Increase premiums or lead to the discontinuation of insurance; or

(4) Risk loss of eligibility for, or decrease in benefits under, home– and community–based waivers, based on aggregate health–related expenditures.

c. If any of the above circumstances apply, the state may use the child’s benefits if it obtains a parent’s written consent.

d. If the family’s public insurance program requires access to the family’s private insurance as a precondition:

(1) Families shall not be required to use their private insurance as a precondition;

(2) The state may access the private insurance if parents give consent or choose to use private insurance;

(3) The family’s public insurance shall not be billed for an amount greater than the cost of the service after subtracting any applicable fee amount owed or paid by the family; and

(4) Parents must be given the option of using their private insurance, if any, or paying the applicable fee for each service. [34 CFR 303.521(b)]

120.82(2) Use of private insurance. The state may access a parent’s private insurance only if a parent provides informed consent. For each service in the initial IFSP and each subsequent change to a service, including a change in the frequency and intensity of delivering the service, in order to access a family’s private insurance to fund that service, the state must:

a. Obtain parental consent; and

b. Inform a parent that refusal to permit the state to access the family’s private insurance does not relieve the state of its responsibility to ensure that all required services are provided at no cost to a parent. [34 CFR 303.521(c)]

120.82(3) Use of Part C funds. If parental consent to use a parent’s private insurance to pay for a service under Early ACCESS, or public insurance if a parent would incur a cost for the service, cannot be obtained, Part C funds may be used to pay for the service. Part C funds may also be used to pay the cost a parent otherwise would have to pay to use the parent’s public or private insurance, such as the deductible or copayment amounts, in order to avoid financial cost to a parent. [34 CFR 303.521(b)(2),(3)]

120.83(1) Each agency must have a policy pertaining to contracting or making other arrangements with public or private service providers to provide early intervention services. This policy must include:

a. A requirement that all early intervention services from public or private providers must meet state standards and be consistent with Part C;

b. The mechanisms that the lead agency will use in arranging for these services, including the process by which awards or other arrangements are made; and

c. The basic requirements that must be met by any individual or organization seeking to provide these services for the lead agency. [34 CFR 303.526]

120.83(2) Interim payments pending reimbursements. If necessary to prevent a delay in the timely provision of services to an eligible child or the child’s family, EarlyACCESS funds may be used to pay the provider of services, pending reimbursement from the agency or organization that has ultimate responsibility for the payment. Such reimbursement may be made for early intervention services, eligible health services, other functions and services including child find and evaluation and assessment, but not for medical services or well–child health care. [34 CFR 303.527(b)]

120.83(3) Nonreduction of benefits. Medical or other assistance available or eligibility under Title V of the Social Security Act related to maternal and child health or Title XIX of the Social Security Act relating to Medicaid for children eligible for Early ACCESS may not be reduced or altered. [34 CFR 303.527(c)]

281—120.84(34CFR303) Reimbursement procedure. Each signatory agency or grantee must include a procedure for securing the timely reimbursement of Part C or other Early ACCESS funds. [34 CFR 303.528]

281—120.85(34CFR303) Resolution of disputes. During a dispute, the state ombudsman must assign financial responsibility to the appropriate signatory agency and the lead agency must make arrangements for reimbursement of any expenditures incurred by the agency originally assigned the responsibility. To the extent necessary to ensure compliance with this provision, the lead agency shall refer the dispute to the council or to the governor and implement the procedures to ensure the delivery of services in a timely manner. [34 CFR 303.523–303.524]

These rules are intended to implement 20 U.S.C. §1401et seq., and the regulations adopted thereunder found at 34 CFR 303.

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 20, “Scope of Title—Definitions—Forms—Rules of Practice,” and Chapter 28, “Ambient Air Quality Standards,” Iowa Administrative Code.

The purpose of this rule making is to implement the intent of the recommendations for air quality standards contained in the “Iowa Concentrated Animal Feeding Operations Air Quality Study (Final Report),” February 2002, prepared by the Iowa State University and the University of Iowa study group, to the extent that they are consistent with new legislation contained in 2002 Iowa Acts, Senate File 2293, section 23. This report, hereafter referred to as the University Study, contains the recommendations for air quality standards for concentrated animal feeding operations (CAFOs) excerpted below:

2002 Iowa Acts, Senate File 2293, section 23, new Iowa Code section 455B.166, places limits on the ability of the Department to adopt these recommendations, and is excerpted below:

To implement the University Study recommendations for air quality standards, subject to the requirements of 2002 Iowa Acts, Senate File 2293, section 23, the Department has made the following modifications in adopting the recommendations of the University Study:

• Omitted air quality standards for odor from this rule making because the lack of consensus concerning the form of the odor standard in the University Study reflects a lack of agreement concerning “levels commonly known to cause a material and verifiable adverse health effect” required to adopt standards under the legislation. The Department intends to proceed with its field study requirement for odor in the absence of this standard.

• Omitted the fence–line standards recommended in the University Study but precluded by the new legislation.

• Replaced the term “residence or public use area” from the University Study with the term “separated location” from the new legislation, and applied the levels of the standards for hydrogen sulfide and ammonia recommended by the University Study developed for residences or public use areas to these separated locations defined in the legislation. It is the Department’s position that the unanimity of the study group on these standards represents consensus concerning “levels commonly known to cause a material and verifiable adverse health effect” at these separated locations, and the Department therefore has the authority to adopt them.

• Intends to delay enforcement of air quality standards adopted in this rule making until December 1, 2004, while the Department completes the comprehensive field study required by the legislation.

After making these required changes to the air quality standards recommended by the University Study to make them consistent with the new legislation, the Department still could not adopt the revised standards verbatim because of regulatory and technical issues associated with the wording of the standards that required interpretation by the Department. These issues are discussed in further detail under Items 1 and 2 below.

Item 1 adds to Chapter 20 new definitions for “animal feeding operation,” “cemetery,” “commercial enterprise,” “community–oriented monitoring site,” “confinement feeding operations,” “educational institution,” “public use area,” “religious institution,” “residence,” and “separated location.”

Item 2 adopts Chapter 28 and establishes separate subrules for federal ambient air quality standards and state–only ambient air quality standards. The term “state–only ambient air quality standards” applies to ambient standards that are applicable only in the state of Iowa. Ammonia and hydrogen sulfide ambient air quality standards have been included in proposed rule 567—28.1(455B). The proposed rule also includes criteria for determining compliance with these ambient air quality standards and prohibits enforcement of the standards until after December 1, 2004. Additional background information related to Item 2 follows.

Ambient Air Quality Standards versus Emissions Standards. The scope of the University Study is limited toCAFOs but its recommendations use the term “ambient air quality standard” to refer to the standards it recommends. In air pollution control regulations, air pollution standards in outdoor (ambient) air may take the form of either “ambient air quality standards” that must apply to all air pollution sources, or “emissions standards” that may apply to a single source category, such as CAFOs. Thus the Department must decide whether it is reasonable to extrapolate the recommendations of the University Study outside their intended scope. Given that hydrogen sulfide and ammonia are chemicals and the toxicology of these chemicals is well known, any source of these pollutants may be reasonably assumed to cause the same health effects as CAFOs. For this reason, this rule making establishes ambient air quality standards for hydrogen sulfide and ammonia that apply to all source categories.

Linking Source Notification Requirements to the Form of the Ambient Air Quality Standards at an Ambient Air Monitoring Site. The University Study can be interpreted to link the notification requirements for CAFOs to the form of the ambient air quality standards. For example, suppose one has a single CAFO situated near a residence where a hydrogen sulfide monitor has been sited. According to this interpretation of the recommendations of the University Study, each year this CAFO is allowed to disqualify seven days of exceedances from the hydrogen sulfide data gathered at a monitor located at a residence before a violation of the ambient air standard is triggered. If a second CAFO contributes to exceedances at the same monitor, provided it gives the appropriate notifications, it can exclude up to seven additional days of exceedance data at the monitor before a violation is registered at the monitoring site. Thus, the person at the residence could be exposed to up to 14 exceedances of the health standards before a violation occurs if there are two neighboring CAFOs, up to 21 exceedances of the health standards before a violation occurs if there are three neighboring CAFOs, and so on. Given that the intent of the University Study is to protect human health, the Department has not adopted this interpretation of the standards in the University Study that allows seven exceedances of the health standards for each CAFO that impacts a monitoring site, and has instead adopted an interpretation of the ambient air standards from the University Study in Item 2 that allows for seven days of exceedances of the health standard at each monitoring site, regardless of the number of neighboring CAFOs that impact the monitor.

Ambiguities in the Form of the Standards. The ambient air quality standards for CAFO gases in the University Study may be interpreted so that exceedances of the standard are reported in hours or in calendar days. In order to implement the intent of the regulation to allow for seven calendar days of exceedances in a calendar year in the simplest way, the standard has been formulated in Item 2 as an annual daily one–hour maximum, not to be exceeded more than seven calendar days in a calendar year.

Written comments on the proposed amendments should be directed to Bryan Bunton, Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322, fax (515)242–5094, or by electronic mail to bryan.bunton@dnr.state.ia.us.

An informational meeting will be held from 3 to 5 p.m. on September 11, 2002, in the conference rooms of the Air Quality Bureau of the Department of Natural Resources, located at 7900 Hickman Road, Suite 1, Urbandale, Iowa. At the informational meeting, Department staff will be available to answer questions on any of the proposed rule revisions.

Four public hearings will be held. The dates, locations and time of these hearings are:

September 17, 2002, at 7 p.m., Room 108A, Iowa Lakes Community College’s Gateway North Center, 1900 North Grand Avenue, Spencer, Iowa.

September 24, 2002, at 7 p.m., Conference Room, Iowa Western Community College, 906 Sunnyside Lane, Atlantic, Iowa.

September 30, 2002, at 7 p.m., North Iowa Area Community College’s Muse–Norris Center, 500 College Drive, Mason City, Iowa.

October 2, 2002, at 7 p.m., Conference Rooms of the Urbandale Public Library, 3520 86th Street, Urbandale, Iowa.

Comments may be submitted orally or in writing during the public hearings. All comments must be received no later than October 4, 2002.

Any person who intends to attend a public hearing and has special requirements, such as those related to hearing or mobility, should contact Bryan Bunton at (515)281–6729 to advise of any specific needs.

These amendments are intended to implement Iowa Code section 455B.133 and 2002 Iowa Acts, Senate File 2293, section 23.

The following amendments are proposed.

ITEM 1. Amend 567—20.2(455B) by adding the following new definitions in alphabetical order:

“Animal feeding operation” means a lot, yard, corral, building, or other area in which animals are confined and fed and maintained for 45 days or more in any 12–month period, and all structures used for the storage of manure from animals in the operation. Two or more animal feeding operations under common ownership or management are deemed to be a single animal feeding operation if they are adjacent or utilize a common system for manure storage. An animal feeding operation does not include a livestock market.

“Cemetery” means a space held for the purpose of permanent burial, entombment or interment of human remains that is owned or managed by a political subdivision or private entity, or a cemetery regulated pursuant to Iowa Code chapter 523I or 566A. A cemetery does not include a pioneer cemetery where there have been six or fewer burials in the preceding 50 years.

“Commercial enterprise” means a building which is used as a part of a business that manufactures goods, delivers services, or sells goods or services, which is customarily and regularly used by the general public during the entire calendar year and which is connected to electric, water, and sewer systems. A commercial enterprise does not include a farm operation.

“Community–oriented monitoring site” means an ambient air monitoring site where the probe of the ambient air monitor lies on the property associated with a separated location.

“Confinement feeding operation” means an animal feeding operation in which animals are confined to areas which are totally roofed.

“Educational institution” means a building in which an organized course of study or training is offered to students enrolled in kindergarten through grade 12 and served by local school districts, accredited or approved nonpublic schools, area education agencies, community colleges, institutions of higher education under the control of the state board of regents, and accredited independent colleges and universities.

“Public use area” means that portion of land owned by the United States, the state, or a political subdivision with facilities which attract the public to congregate and remain in the area for significant periods of time. Facilities include, but are not limited to, picnic grounds, campgrounds, cemeteries, lodges, shelter houses, playground equipment, lakes as listed in Table 2 of 567—Chapter 65, and swimming beaches. It does not include a highway, road right–of–way, parking areas, recreational trails or other areas where the public passes through, but does not congregate or remain in the area for significant periods of time.

“Religious institution” means a building in which an active congregation is devoted to worship.

“Residence” means a house or other building, including all structures attached to the building, not owned by the owner of the animal feeding operation, which meets all of the following criteria at the location of the intended residence:

1. Used as a place of habitation for humans on a permanent and frequent basis.

2. Not readily mobile.

3. Connected to a permanent source of electricity, a permanent private water supply or a public water supply system and a permanent domestic sewage disposal system including a private, semipublic or public sewage disposal system.

4. Assessed and taxed as real property.

If a house or other building has not been occupied by humans for more than six months in the last two years, or if a house or other building has been constructed or moved to its current location within six months, the owner of the intended residence has the burden of proving that the house or other building is a residence. Paragraph “3” shall not apply to a house or other building inhabited by persons who are exempt from the compulsory education standards of Iowa Code section 299.24 and whose religious principles or tenets prohibit the use of the utilities listed.

“Separated location” means a public use area or a residence not owned by the owner of the animal feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution.

ITEM 2. Rescind rule 567—28.1(455B) and adopt the following new rule:

567—28.1(455B) Ambient air quality standards. The Iowa ambient air quality standards shall be the National Ambient Air Quality Standards and the State–Only Ambient Air Quality Standards.

28.1(1) National Ambient Air Quality Standards. The department adopts the National Primary and Secondary Ambient Air Quality Standards as published in 40 Code of Federal Regulations Part 50 (1972) and as amended at 38 Federal Register 22384 (September 14, 1973), 43 Federal Register 46258 (October 5, 1978), 44 Federal Register 8202, 8220 (February 9, 1979), 52 Federal Register 24634–24669 (July 1, 1987), and 62 Federal Register 38651–38760, 38855–38896 (July 18, 1997). The department shall implement these rules in a time frame and schedule consistent with implementation schedules in federal laws, regulations and guidance documents. This subrule is intended to implement Iowa Code section 455B.133.

28.1(2) State–Only Ambient Air Quality Standards. The following additional ambient air quality standards apply within the state of Iowa:

a. Air contaminants.

(1) Ammonia (primary standard): 0.15 ppm by volume (104 micrograms per cubic meter) maximum daily one–hour average not to be exceeded more than seven times per year (applicable at community–oriented monitoring sites).

(2) Hydrogen sulfide (primary standard): 0.015 ppm by volume (21 micrograms per cubic meter) maximum daily one–hour average not to be exceeded more than seven times per year (applicable at community–oriented monitoring sites).

b. Violation of state–only ambient air quality standards. A violation of the state–only ambient air quality standards occurs at a community–oriented monitoring site when the annual 8th highest maximum daily one–hour average exceeds the concentration indicated above. Enforcement of these standards shall not occur prior to December 1, 2004.

This rule is intended to implement Iowa Code section 455B.133 and 2002 Iowa Acts, Senate File 2293, section 23.

Pursuant to the authority of Iowa Code section 455B.200 and 2002 Iowa Acts, Senate File 2293, section 71, the Environmental Protection Commission proposes to amend Chapter 65, “Animal Feeding Operations,” Iowa Administrative Code.

The proposed amendments implement an interim matrix as required in the new legislation, 2002 Iowa Acts, Senate File 2293, enacted on April 29, 2002. Pursuant to Senate File 2293, the interim matrix is to be applied until the master matrix is implemented on March 1, 2003. The interim matrix would be added as one of the requisites to obtain a construction permit set forth in subrule 65.9(1). When the interim matrix is applied, points are awarded based on separation distances in excess of minimum requirements and a successful applicant is required to obtain at least 100 points.

Any interested person may make written suggestions or comments on the proposed amendments on or before September 10, 2002. Written comments should be directed to Robin Pruisner, Department of Natural Resources, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa 50319–0034; fax (515)281–8895.

Also, there will be a public hearing on September 10, 2002, at 1 p.m. in the Fifth Floor West Conference Room of the Wallace State Office Building, at which time persons may present their views either orally or in writing. At the hearing, people will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

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 Department of Natural Resources and advise of specific needs.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 1899B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code section 455B.200A and 2002 Iowa Acts, Senate File 2293, section 63.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to rescind Chapter 3, “County Commissioners of Election,” and to amend Chapter 4, “Campaign Disclosure Procedures,” Iowa Administrative Code.

These proposed amendments reflect the statutory changes in 2002 Iowa Acts, House File 2538, that moved the filing repository for campaign reports filed by a county, city, school, or other political subdivision committee from the county commissioners of elections to the Board.

The proposed amendments do not contain specific waiver provisions, but persons seeking a waiver would be permitted to do so in accordance with 351—Chapter 15.

Any interested person may make written comments on the proposed amendments on or before September 10, 2002. Comments should be directed to Charlie Smithson, Iowa Ethics and Campaign Disclosure Board, 514 E. Locust, Suite 104, Des Moines, Iowa 50309. Persons who wish to comment orally should contact Charlie Smithson at (515)281– 3489.

These amendments are intended to implement Iowa Code chapters 56 and 68B as amended by 2002 Iowa Acts, House File 2538.

The following amendments are proposed.

ITEM 1. Rescind and reserve 351—Chapter 3.

ITEM 2. Rescind subrules 4.1(2) and 4.1(3) and adopt the following new subrules in lieu thereof:

4.1(2) Place of filing. Statements of organization shall be filed with the board at 514 E. Locust, Suite 104, Des Moines, Iowa 50309. Statements may also be filed by fax at (515) 281–3701 or filed electronically through the board’s Web site at www.state.ia.us/ethics.

4.1(3) Time of filing. A statement of organization shall be filed with the board within ten days after the financial filing threshold in subrule 4.1(1) has been exceeded. A statement must be physically received by the board or, if mailed, must bear a United States Postal Service postmark dated on or before the report due date. Faxed or electronically filed statements must be submitted on or before 11:59 p.m. of the tenth day after the organization of the committee is required. If the tenth day falls on a Saturday, Sunday, or holiday on which the board office is closed, the filing deadline is extended to the next working day when the board office is open.

ITEM 3. Rescind subrule 4.6(1) and adopt the following new subrule in lieu thereof:

4.6(1) Amendment within 30 days. If there is a change in any of the information disclosed on a statement of organization, the committee shall file an amended statement within 30 days of the change. An amended statement of organization shall be filed with the board and the board shall make available to the appropriate county commissioner of elections an amended statement filed by a county, city, school, or other political subdivision committee.

ITEM 4. Rescind and reserve rule 351—4.7(56,68B).

ITEM 5. Rescind rule 351—4.21(56,68B) and adopt the following new rule in lieu thereof:

4.21(1) Place of filing. Disclosure reports shall be filed with the board at 514 E. Locust, Suite 104, Des Moines, Iowa 50309. Reports may also be filed by fax at (515)281–3701, or electronically through the board’s Web site at www.state. ia.us/ethics.

4.21(2) Reports made available to county commissioner. The board shall make available to the appropriate county commissioner of elections reports filed by a county, city, school, or other political subdivision committee. The board shall make available to the appropriate county commissioner of elections the report summary page (DR–2) and the relevant pages of a report filed by a political committee that makes contributions to both state and local committees.

This rule is intended to implement Iowa Code sections 56.4 and 56.6.

ITEM 6. Rescind rule 351—4.23(56,68B) and adopt the following new rule in lieu thereof:

351—4.23(56,68B) Time of filing. A report must be physically received by the board or, if mailed, must bear a United States Postal Service postmark dated on or before the report due date. Faxed or electronically filed reports must be submitted on or before 11:59 p.m. of the report due date. If the due date falls on a Saturday, Sunday, or holiday on which the board office is closed, the due date is extended to the first working day when the board office is open.

This rule is intended to implement Iowa Code section 56.6.

ITEM 7. Rescind and reserve rule 351—4.24(56,68B).

ITEM 8. Rescind rule 351—4.26(56,68B) and adopt the following new rule in lieu thereof:

351—4.26(56,68B) Exception from reporting requirement—reports due within five days of one another. When two disclosure reports are due from the same committee within five days of each other, the activity may be combined into one report. A committee choosing this option shall file a report on or before the second due date that covers the extended reporting period.

This rule is intended to implement Iowa Code section 56.6.

ITEM 9. Rescind and reserve rule 351—4.40(56,68B).

ITEM 10. Rescind subrule 4.70(6) and adopt the following new subrule in lieu thereof:

4.70(6) Short form statement for multiple sponsors with addresses on file. If the published material contains the names of more than one individual who has contributed to its cost, the addresses of the individuals need not be included if the following or a substantially similar statement appears: “This published material has been paid for by the above–named individuals whose addresses are on file with the Iowa ethics and campaign disclosure board.” The list shall be provided to the board and made available for public inspection.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to amend Chapter 4, “Campaign Disclosure Procedures,” Iowa Administrative Code.

Currently, a candidate who files a statement of organization registering a committee for one office but who ultimately seeks another office is required to dissolve the first committee and organize a new committee. The Board has determined that this requirement is no longer necessary and that a candidate who ultimately seeks another office should be given the option of filing an amended statement of organization reflecting the change in office sought in lieu of organizing a new committee. The proposed amendments set out the procedure for permitting a candidate to file an amended statement of organization disclosing the new office sought.

The proposed amendments do not provide for waiver, as the obligations on the regulated community are mandated by statute.

Any interested person may make written comments on the proposed amendments on or before September 10, 2002. Comments should be directed to Charlie Smithson, Iowa Ethics and Campaign Disclosure Board, 514 E. Locust, Suite 104, Des Moines, Iowa 50309. Persons who wish to comment orally should contact Charlie Smithson at (515) 281–3489.

These amendments are intended to implement Iowa Code section 56.5.

The following amendments are proposed.

ITEM 1. Rescind rule 351—4.2(56,68B) and adopt the following new rule in lieu thereof:

4.2(1) Full name required. The statement of organization shall include the full name of the committee. A committee using an abbreviation or acronym as part of the committee name shall provide with the statement of organization a written explanation of the full word or words that are abbreviated or that form the acronym.

4.2(2) Duplication of name prohibited. The committee name shall not substantially duplicate the name of another committee organized under Iowa Code chapter 56. The board shall determine whether two committee names are in substantial duplication in violation of Iowa Code section 56.5(2)“a.” A committee substantially duplicating the name of another organized committee shall choose a new committee name upon notification from the board. A candidate who files an amended statement of organization to reflect a change in office sought shall not be required to change the name of the candidate’s committee unless the committee’s name substantially duplicates the name of another organized committee.

4.2(3) Candidate’s surname required in committee name. A candidate filing a statement of organization on or after July 1, 1995, shall include the candidate’s surname within the committee name. This requirement also applies to a new candidate’s committee organized by a candidate who has a preexisting candidate’s committee but who organizes a new candidate’s committee or files an amended statement of organization.

This rule is intended to implement Iowa Code section 56.5.

ITEM 2. Rescind subrule 4.6(2) and adopt the following new subrule in lieu thereof:

4.6(2) New office sought. A candidate who filed a statement of organization for one office but eventually seeks another office may file an amended statement of organization to reflect the change in office sought in lieu of dissolving the old committee and organizing a new committee. A candidate who files an amended statement of organization reflecting a change in office sought may be required to amend the committee’s name to comply with Iowa Code section 56.5(2)“a” and rule 351—4.2(56,68B).

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to amend Chapter 4, “Campaign Disclosure Procedures,” Iowa Administrative Code.

The proposed amendments combine two current rules involving the segregation of committee funds, the deposit and maintenance of committee funds, and the identification of financial institutions and accounts where committee funds are held. The proposed amendments also remove the requirement for a committee to attach a voided campaign check with the statement of organization, bring the other requirements into compliance with the campaign finance statutes, and reflect current Board policies.

The proposed amendments do not include a waiver provision as the requirements are mandated by statute.

Any interested person may make written comments on the proposed amendments on or before September 10, 2002. Comments should be directed to Charlie Smithson, Iowa Ethics and Campaign Disclosure Board, 514 E. Locust, Suite 104, Des Moines, Iowa 50309. Persons who wish to comment orally should contact Charlie Smithson at (515)281– 3489.

The proposed amendments are intended to implement Iowa Code sections 56.3 and 56.5.

The following amendments are proposed.

ITEM 1. Rescind rule 351—4.5(56,68B) and adopt the following new rule in lieu thereof:

4.5(1) Segregation and deposit of funds. All committee funds shall be maintained in a financial institution and shall be segregated from any other funds held by a candidate, officer, member, or associate of the committee. The committee treasurer shall deposit all contributions within seven days of receipt by the treasurer in an account maintained by the committee.

4.5(2) Exception from segregation of committee funds. A candidate’s committee that receives contribution only from the candidate is not required to maintain a separate account. A permanent organization temporarily engaging in activity that qualifies it as a political committee that uses existing general operating funds and does not solicit or receive funds from other sources for campaign purposes is not required to maintain a separate account.

4.5(3) Identification of financial institution and account. The committee shall disclose on the committee’s statement of organization the name and mailing address of all financial institutions in which committee funds are maintained. The committee shall also disclose the name and type of all accounts in which committee funds are maintained, and the name of any such account shall be the same as the committee name on the statement of organization.

4.5(4) Notice to treasurer. Any person who receives contributions for a committee shall render the contributions to the treasurer within 15 days of receipt and provide the committee treasurer with the reporting information required by Iowa Code section 56.3(2).

This rule is intended to implement Iowa Code sections 56.3 and 56.5.

ITEM 2. Rescind and reserve rule 351—4.41(56,68B).

Pursuant to the authority of Iowa Code sections 18.4 and 18.10, the Department of General Services terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on June 26, 2002, as ARC 1730B, to amend Chapter 3, “Capitol Complex Operations,” Iowa Administrative Code.

The Notice proposed to amend Chapter 3 by adding a new subrule that would restrict the use of amplified sound in public or common areas of capitol complex buildings to use by state agencies so that official state business would not be disrupted by amplified sound used by groups holding events during business hours.

The Department is terminating the rule making commenced in ARC 1730B due to the negative response received during the public comment process.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 75, “Conditions of Eligibility,” Iowa Administrative Code.

These proposed amendments eliminate limited Medicaid eligibility for two groups called “expanded specified low–income Medicare beneficiaries,” and “home–health specified low–income Medicare beneficiaries.” These two 100 percent federally funded coverage groups were established by federal legislation for a five–year period, which expires on December 31, 2002. Benefits under these programs will end on that date unless the programs are renewed through congressional action.

Medicare Supplemental Medical Insurance, referred to as “Part B,” helps pay for outpatient services, such as physician, ambulance, and laboratory services, and medical equipment and supplies. Medicaid coverage under the “expanded” group is limited to payment of Medicare Part B premiums only (currently $54 per month). About 1400 people are currently eligible in this group. Medicaid coverage under the “home–health” group is limited to annual reimbursement of the “home–health” portion of the Medicare Part B premium only (currently $3.91 per month). About 650 people are currently eligible in this group.

These amendments do not provide for waivers in specified situations because the Department has no funding to cover the expenses of this coverage once the federal participation ends.

Any interested person may make written comments on the proposed amendments on or before September 11, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281– 4980 or by E–mail to policyanalysis@dhs.state.ia.us.

These amendments are intended to implement Iowa Code section 249A.4.

The following amendments are proposed.

ITEM 1. Rescind and reserve subrule 75.1(36).

ITEM 2. Rescind and reserve subrule 75.1(37).

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 83, “Medicaid Waiver Services,” Iowa Administrative Code.

These amendments extend the time limits for the Department to take various actions involved in processing applications for the home– and community–based services ill and handicapped and mental retardation waivers. Currently, if services under these two waivers are not initiated within 180 days of the assignment of a payment slot, the Department’s rules specify that the slot must revert to the next person on the waiting list, and the applicant must reapply. In practice, many applicants in this situation are close to realizing their service arrangements. The Department has been granting exceptions to policy to allow these applicants to receive waiver services beginning more than 180 days after the slot is assigned. Under these amendments, the 180–day limit to initiate services is removed. When a payment slot is assigned to a person from a waiting list, the person has 30 days to file a new application. Consumers may keep their assigned payment slots as long as they have filed an application and are making reasonable efforts to arrange services.

These amendments do not provide for waivers in specified situations because it is to an applicant’s advantage to have more time to arrange services when necessary.

Any interested person may make written comments on the proposed amendments on or before September 11, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281– 4980 or by E–mail to policyanalysis@dhs.state.ia.us.

These amendments are intended to implement Iowa Code section 249A.4.

The following amendments are proposed.

ITEM 1. Amend subrule 83.2(1), paragraph “g,” as follows:

g. The person must have service needs that can be met by this waiver program. At a minimum a person must receive a unit of adult day care, consumer–directed attendant care, counseling, home health aid, homemaker, interim medical monitoring and treatment, nursing, or respite service per calendar quarter. The calendar quarter requirement applies after the requirement that the initial access of the waiver be within 180 days.

ITEM 2. Amend subrule 83.3(2) as follows:

Amend the introductory paragraph as follows:

83.3(2) Application and services program limit. The number of persons who may be approved for the HCBS ill and handicapped waiver shall be subject to the number of clients consumers to be served as set forth in the federally approved HCBS ill and handicapped waiver. The number of clients consumers to be served is set forth at the time of each five–year renewal of the waiver or in amendments to the waiver approved by the Centers for Medicare and Medicaid Services (CMS). When the number of applicants exceeds the number of clients consumers specified in the approved waiver, the applicant’s name shall be placed on a waiting list maintained by the bureau of long–term care.

Amend paragraph “a,” subparagraphs (1), (2), and (4), as follows:

(1) For applicants not currently receiving Medicaid, the county department office shall contact the bureau by the end of the second fifth working day after receipt of a completed Form 470–2927, Health Services Application, or within two five working days after receipt of disability determination, whichever is later.

(2) For current Medicaid recipients, the county department office shall contact the bureau by the end of the second fifth working day after receipt of either Form 470–0659, Home– and Community–Based Services Assessment or Reassessment, with the choice of HCBS waiver indicated by signature of the consumer or a written request, signed and dated by the consumer.

(4) Once a payment slot is assigned, the county department office shall give written notice to the applicant. and The department shall hold the payment slot shall be held for the applicant for 180 days as long as reasonable efforts are being made to arrange services unless and the person applicant has not been determined to be ineligible for the program. If services are have not been initiated within 180 days of the county department’s written notice to the applicant and reasonable efforts are no longer being made to arrange services, the slot shall revert for use by the next applicant person on the waiting list, if applicable. The applicant originally assigned the slot must reapply for a new slot.

Amend paragraph “b,” introductory paragraph and subparagraph (5), as follows:

b. If no payment slot is available, the bureau of long–term care shall enter persons shall be entered on a waiting list by the division of medical services according to the following:

(5) Once a payment slot is assigned, the county department office shall give written notice to the applicant person within five working days., and The department shall hold the payment slot shall be held for 180 30 days to arrange services unless for the person has been determined ineligible for the program to file a new application. If services are an application has not initiated been filed within 180 30 days of the county department’s written notice to the applicant, the slot reverts shall revert for use by the next applicant person on the waiting list, if applicable. The applicant person originally assigned the slot must reapply for a new slot.

Amend paragraph “c” as follows:

c. The county department office shall notify the bureau of long–term care within two five working days of a denial the receipt of an application and of any action on or withdrawal of an application.

ITEM 3. Amend subrule 83.61(1), paragraph “e,” as follows:

e. Have service needs that can be met by this waiver program. At a minimum, an adult must receive one unit of either consumer–directed attendant care, supported community living, respite, or supported employment service per calendar quarter. Children shall, at a minimum, receive one unit of either consumer–directed attendant care, interim medical monitoring and treatment service, respite service or supported community living service per calendar quarter under this program. The calendar quarter requirement applies after the requirement that the initial access of the waiver be within 180 days.

ITEM 4. Amend subrule 83.61(3), introductory paragraph and paragraph “a,” as follows:

83.61(3) HCBS MR program limit. The number of persons served receiving HCBS MR waiver services in the state shall be subject to a limit based on limited to the number of payment slots set forth provided in the HCBS MR waiver amendment approved by the Centers for Medicare and Medicaid Services (CMS). The department shall make a request to the Health Care Financing Administration (HCFA) CMS to adjust the program limit annually to be effective each July 1 based upon the county management plans submitted by the state and counties. The department shall also submit a request to HCFA CMS for changes to the program limit to be effective January 1 if requested by a county during the month of September.

a. The payment slots are on a county basis for adults with legal settlement in a county and are on a statewide basis for children and adults without a county of legal settlement. These slots shall be available on a first–come, first–served basis.

ITEM 5. Amend subrule 83.61(4) as follows:

Amend paragraph “a,” subparagraphs (1), (2), and (4), as follows:

(1) For applicants not currently receiving Medicaid, the county department office shall contact the bureau or the county by the end of the second fifth working day after receipt of a completed Form 470–2927, Health Services Application, or within two five working days after receipt of disability determination, whichever is later.

(2) For current Medicaid recipients, the county department office shall contact the bureau or the county by the end of the second fifth working day after receipt of either Form 470–0659, Home– and Community–Based Services Assessment or Reassessment, with the choice of HCBS waiver indicated by signature of the consumer or a written request signed and dated by the consumer.

(4) Once a payment slot is assigned, the county department office shall give written notice to the applicant. and The department shall hold the payment slot shall be held for the applicant for 180 days as long as reasonable efforts are being made to arrange services unless and the person applicant has not been determined to be ineligible for the program. If services are have not been initiated within 180 days of the county department’s written notice to the applicant and reasonable efforts are no longer being made to arrange services, the slot reverts shall revert for use by the next applicant person on the waiting list, if applicable. The applicant originally assigned the slot must reapply for a new slot.

Amend paragraph “b,” introductory paragraph and subparagraph (5), as follows:

b. If no payment slot is available, the bureau of long–term care shall enter persons shall be entered on a waiting list by the division of medical services according to the following:

(5) Once a payment slot is assigned, the county department office shall give written notice to the applicant person within five working days., and The department shall hold the payment slot shall be held for the applicant for 180 30 days to arrange services unless for the person has been determined ineligible for the program to file a new application. If services are an application has not initiated been filed within 180 30 days of the county department’s written notice to the consumer, the slot reverts shall revert for use by the next applicant person on the waiting list, if applicable. The person originally assigned the slot must reapply for a new slot.

Amend paragraph “c” as follows:

c. The county department office shall notify the bureau of long–term care for state cases and children or the central point of coordination administrator for the county of legal settlement for adults within two five working days of a denial the receipt of an application and of any action on or withdrawal of an application.

Pursuant to the authority of Iowa Code sections 237.3, 237.5A, 238.6, and 600.7A, the Department of Human Services proposes to amend Chapter 108, “Licensing and Regulation of Child–Placing Agencies,” Chapter 113, “Licensing and Regulation of Foster Family Homes,” Chapter 117, “Foster Parent Training,” Chapter 156, “Payments for Foster Care and Foster Parent Training,” Chapter 157, “Purchase of Adoption Services,” and Chapter 200, “Adoption Services,” Iowa Administrative Code.

These amendments are intended to implement 2002 Iowa Acts, House File 2518, which changes licensure requirements for child–placing agencies and foster family homes. These amendments:

• Change from one year to three years the term of licensure for a child–placing agency that meets the minimum requirements.

• Increase from 12 hours to 30 hours the training requirement for initial licensure as a foster family home or approval as an adoptive home.

• Establish the curriculum developed by the Child Welfare Institute, “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting” (PS–MAPP), as the standard curriculum for the training of foster and adoptive parents.

• Eliminate provisions for foster parent training advisory committees and allocation of foster parent training funds for training enhancement, due to budgetary constraints.

• Clarify procedures for unannounced visits to foster family homes.

• Update form numbers and organizational references.

Exceptions to the training requirement for foster families that apply before December 31, 2002, are listed in subrule 113.8(1). Exceptions for adoptive families are specified in subrule 200.2(4), paragraph “a.” Other than these exceptions, these amendments do not provide for waivers in specified situations because:

• Extension of the license term is a benefit to child–placing agencies.

• The Department may make an exception to the requirement that training be completed before initial foster family home licensing by issuing a provisional license under rule 441—112.7(237). The Department does not have authority to waive the amount of training required, since 30 hours of training for foster parents is a statutory requirement.

• Adoptive parents may request a waiver of training requirements under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

Any interested person may make written comments on the proposed amendments on or before September 11, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281– 4980 or by E–mail to policyanalysis@dhs.state.ia.us.

These amendments are intended to implement 2002 Iowa Acts, House File 2518.

The following amendments are proposed.

ITEM 1. Amend subrule 108.2(2), introductory paragraph, as follows:

108.2(2) Application. An agency or person applying for a license shall complete Form SS–3105–0 470–0723, Application for License or Certificate of Approval. The application shall be completed and signed by the administrator or the appropriate officer and submitted to the department.

ITEM 2. Amend subrule 108.2(5) as follows:

108.2(5) Certificate of license. The department shall issue or renew Form SS–3304 470–3623, Certificate of License, shall be issued or renewed by the department on an annual basis every three years, without cost, to any child–placing agency which meets the minimum requirements applicable to child–placing agencies as defined by Iowa Code chapter 238 and this chapter of administrative rules. The license shall be posted in a conspicuous place on the licensed premises.

ITEM 3. Amend subrule 108.8(1) as follows:

Amend paragraphs “a” and “b” as follows:

a. Availability of applications. The agency may provide Form SS–2101 470–0689, Application for a License to Operate a Foster Family Home License Application, to anyone requesting to be licensed.

b. Licensing study. The agency may complete a licensing study of the family. The licensing study shall be completed by a staff member certified as a leader for the “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting” (PS–MAPP).

Amend paragraph “c,” subparagraph (13), fourth and fifth unnumbered paragraphs, as follows:

The regional administrator service area manager or des–ignee shall make the evaluation and decision. Within 30 days of receipt of Form 470–2310, the regional administrator service area manager or designee shall mail the child–placing agency and foster family applicant Form 470–2386, Record Check Decision, that explains the decision reached regarding the evaluation of an abuse or crime. The regional administrator service area manager or designee shall also issue Form 470–2386 when an applicant fails to complete the evaluation form within the ten–calendar–day specified time frame.

Foster parents applying for renewal of their license may be subject to the same record checks as new applicants when there is reason to believe that a founded abuse or conviction of a crime has occurred. The regional administrator service area manager or designee shall evaluate only abuses, convictions of crimes, or placement on the sex offender registry since the last record check using the process set forth above.

ITEM 4. Amend subrule 108.9(4) as follows:

Amend paragraph “c,” introductory paragraph, as follows:

c. Adoptive home study. The home study shall be completed by a staff member certified as a leader for the “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting” (PS–MAPP). The home study consists of a family assessment which shall include at least two face–to–face interviews with the applicant and at least one face–to–face interview with each member of the household. At least one interview shall take place in the applicant’s home. The assessment shall include, but need not be limited to, the following:

Amend paragraph “d,” subparagraph (2), numbered paragraph “2,” as follows:

2. If the licensed child–placing agency believes that the applicant should be approved despite the abuse or criminal conviction, the licensed child–placing agency shall provide copies of Form 470–2310, Record Check Evaluation, and Form 470–2386, Record Check Decision, to the Department of Human Services, Administrator, Division of Adult, Children Behavioral, Developmental, and Family Protective Services, 1305 East Walnut Street, Des Moines, Iowa 50319– 0114. Within 30 days, the administrator shall determine whether the abuse or crime merits prohibition of approval, and shall notify the licensed child–placing agency in writing of that decision.

ITEM 5. Amend subrule 113.3(4) as follows:

113.3(4) Application form. When a A person who has reached a decision to operate a foster family home, the shall make application shall be made on Form SS–2101 470–0689, Application for a License to Operate a Foster Family Home License Application. A request for renewal of the license shall be made on the same form.

ITEM 6. Amend subrule 113.4(2), paragraphs “b” and “c,” as follows:

b. Foster care service workers, foster care licensing staff, and their supervisors employed in county, district or central offices of the department.

c. Other staff in county and district offices engaged in foster care placements, such as child protective staff or adoption workers.

ITEM 7. Amend subrule 113.8(1) as follows:

113.8(1) Required preservice training. Each individual foster parent shall complete an entire 12 30 hours of a preservice training program the “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting”(PS–MAPP) which is approved pursuant to rule 441— 117.5(237). This PS–MAPP training shall be completed prior to before receiving a license for the first time, unless an exception is made for up to 90 days under rule 441— 112.7(237) to allow for later completion of this course.

ITEM 8. Amend subrule 113.8(4) as follows:

113.8(4) Required training in universal precautions. Each Before licensure, each individual foster parent shall complete one hour of training related to the use and practice of universal precautions prior to licensure. Training shall be completed through the approved individual self–study course, “Universal Precautions in Foster and Adoptive Family Homes.” Families licensed prior to June 1, 1995, shall complete this training requirement by June 1, 1996.

ITEM 9. Amend subrule 113.12(6) as follows:

113.12(6) Determination of characteristics. The areas discussed in 113.12(4) and 113.12(5) shall be explored through observation of the family and interviews with family members and documented in a written report known as the foster home study, using Form RC–0025, Home Study Format. The foster home study shall be completed by aPS–MAPP–certified leader. The home study shall be maintained in the foster family record. Any additional areas that the family or worker identifies as a possibility for creating problems shall also be documented in the foster family rec–ord.

ITEM 10. Amend subrule 113.13(2) as follows:

113.13(2) Evaluation process. The regional administrator service area manager or designee shall make the evaluation and decision. Within 30 days of receipt of the completed Form 470–2310, the regional administrator service area manager or designee shall mail to the individual on whom the evaluation was completed and to the registrant for an employee of the registrant Form 470–2386, Record Check Decision, that explains the decision reached regarding the evaluation of an abuse or a crime. The regional administrator service area manager shall also issue Form 470–2386 when an applicant fails to complete the evaluation form within the ten–calendar–day specified time frame.

ITEM 11. Amend subrule 113.15(4) as follows:

113.15(4) A written report summarizing the visit shall be sent to the appropriate district administrator or designee of the department of human services licensing worker within two weeks after the visit. A copy of the report shall be retained in the foster parents’ record.

ITEM 12. Amend subrule 113.15(5) as follows:

Amend paragraph “a” as follows:

a. When deficiencies are cited that do not appear likely to cause immediate physical or mental harm to the child, the information shall be made available to the licensor and an additional visit may be scheduled.

Amend paragraph “b” as follows:

b. When the reported deficiencies raise questions of concern as to the quality of care provided, the district administrator licensing worker shall report to the licensing worker and to the placement worker, suggesting a meeting with foster parents to discuss deficiencies, and suggestions for improving the deficiencies, and following the discussion obtaining written commitments from the foster parents as to how the foster parents intend to correct the deficiencies.

Amend paragraph “c,” introductory paragraph, as follows:

c. When the reported deficiencies appear likely to cause immediate physical or mental harm to the child, the district administrator service area manager immediately shall:

ITEM 13. Amend subrule 113.15(6) as follows:

113.15(6) When the foster parents refuse to make a written commitment to improve the deficiencies, the district administrator service area manager shall direct the licensing worker to do a complete study a review of the foster home to determine if the family should continue to be licensed, should receive a provisional license, or should have the license revoked according to rule 441—112.6(237).

ITEM 14. Amend subrule 117.1(2) as follows:

Amend paragraph “a,” unnumbered paragraph, as follows:

The curriculum developed by the Nova University Foster Parent Project “Preparation for Fostering: Preservice Education for Foster Families” Child Welfare Institute “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting” (PS–MAPP) shall be considered as meeting this requirement.

Amend paragraphs “b,” “c,” and “g” as follows:

b. Length. The entire preservice training PS–MAPP program shall total at least 12 30 hours of contact between trainers leaders and participants.

The department and each licensed child–placing agency offering the mandatory 12 30 hours of preservice PS–MAPP training shall devise a procedure for parents to make up any portions of training which are missed.

c. Instructors. The program shall be team taught by at least one foster or adoptive parent and one casework staff person. Both foster parent instructors and casework staffAll instructors shall have previous education or experience in training and in the particular curriculum to be taught be certified PS–MAPP leaders.

g. Training records. A record of the foster parents who begin and complete the training, and of the training program evaluation shall be submitted to the district department office for the location in which the training was provided at the end of each 12 30–hour training PS–MAPP session.

ITEM 15. Amend subrule 117.3(1) as follows:

117.3(1) A detailed program description, including objectives, agenda, content, participant materials and time frames or a statement that the Nova program “Preparation for Fostering: Preservice Education for Foster Families,” Child Welfare Institute “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting”(PS–MAPP), as described in subrule 117.1(2)“a,” will be the preservice program taught.

ITEM 16. Amend subrules 117.4(1) and 117.4(2) as follows:

117.4(1) Group training. Applications to provide group foster parent training shall be submitted to the department district office for the district service area in which the training will be conducted.

117.4(2) Individual training. Applications for approval for individual training, college credit, written materials, or movies or videotapes shall be submitted to the department district office for the district service area in which the foster family resides.

ITEM 17. Amend rule 441—117.6(237) as follows:

441—117.6(237) Application conference available. If an applicant or provider of training objects in writing within seven days after the notification of the department’s decision to deny or revoke approval, the bureau chief of the bureau of adult, children and family services service area manager shall review the decision to determine if the original decision shall stand.

The decision of the bureau chief service area manager is final and is not subject to an appeal.

ITEM 18. Rescind and reserve rule 441—117.8(237).

ITEM 19. Rescind subrule 156.18(6).

ITEM 20. Amend subrule 157.3(1) as follows:

Amend paragraph “b,” subparagraph (2), numbered paragraph “2,” as follows:

2. If the licensed child–placing agency believes that the applicant should be approved despite the abuse or criminal conviction, the licensed child–placing agency shall provide copies of the child abuse report or criminal history record, Form 470–2310, Record Check Evaluation, and Form 470– 2386, Record Check Decision, to the Department of Human Services, Administrator, Division of Adult, Children Behavioral, Developmental, and Family Protective Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Within 30 days the administrator shall determine whether the abuse or crime merits prohibition of approval and shall notify the licensed child–placing agency in writing of that decision.

Amend paragraph “c” as follows:

c. Written report. The provider shall prepare a written report of the family assessment, known as the adoptive home study, which using Form RC–0025, Home Study Format. A certified PS–MAPP leader shall complete the home study. The home study shall be used to approve or deny a prospective family as an appropriate placement for a special needs child or children. The family shall be notified by the provider agency in writing of the decision, and if denied, reasons for denial shall be stated. The adoptive home study shall be dated and signed by the provider adoption worker. A copy of the adoptive home study shall be provided to the family and to the department with the notification of approval or denial.

ITEM 21. Amend rule 441—157.4(600) as follows:

Amend the introductory paragraph as follows:

441—157.4(600) Contract requirements and management. The department of human services and the provider agency shall enter into a purchase of adoption services contract using Form SS–1501–0 470–0628, Iowa Purchase of Social Services Agency Contract—Agency Provider. The development and management of the contract including contract amendments, contract renewal and contract termination shall comply with 441—paragraph 150.2(1)“a” and rule 441—150.3(234).

Amend subrule 157.4(2) as follows:

157.4(2) Referral for purchased adoption service. To receive purchased adoption services, the child or children or the individual or family must be determined eligible and referred by the department. The department shall not make payment for purchased adoption service until eligibility is determined, and a referral is made authorizing services on Form SS–1701–0 470–0622, Referral of Client for Purchased Purchase of Social Services.

Amend subrule 157.4(3) as follows:

157.4(3) Billing procedures. Billings shall be prepared and submitted at the end of the month to the department by the provider agency on Form AA–2241–0 470–0020, Purchase of Service Provider Invoice, for contractual services provided by the agency during the month, according to 441—subrule 150.3(8).

ITEM 22. Amend subrule 200.2(3) as follows:

200.2(3) Forms. The Adoptive Child’s Medical and Social History, Form SS–6706, Form 470–3615, Background Report Part I, shall be completed for all children who are adopted under Iowa Code chapter 600. All forms used to execute a release of custody shall comply with the requirements of Iowa Code chapters 600 and 600A.

ITEM 23. Amend subrule 200.4(1) as follows:

Amend paragraph “b,” fifth unnumbered paragraph, as follows:

The evaluation and decision shall be made by the regional administrator service area manager or designee. Within 30 days of receipt of the completed Form 470–2310, the regional administrator service area manager or designee shall mail to the individual on whom the evaluation was completed Form 470–2386, Record Check Decision, which explains the decision reached regarding the evaluation of an abuse or crime. Form 470–2386, Record Check Decision, shall also be issued when an applicant fails to complete the evaluation form within the ten–calendar–day specified time frame.

Amend paragraph “c” as follows:

c. Written report. The worker shall prepare a written report of the family assessment, known as the adoptive home study, using Form RC–0025, Home Study Format. A certified PS–MAPP leader shall complete the home study. The worker shall use the home study to approve or deny a prospective family as an appropriate placement for a child or children. The department adoption worker and supervisor shall date and sign the adoptive home study.

The worker shall notify the family of the decision using Form SS–6104–0 470–0745, Adoption Notice of Decision, and, if the worker denies does not approve the placement home study, shall state the reasons for denial on the notice. The worker shall provide the family a copy of the adoptive home study with the notification of approval or denial.

ITEM 24. Amend subrule 200.4(4), paragraph “a,” as follows:

a. Completion of at least 12 30 hours of the department’s designated preservice training for foster parents, 12 hours of the department’s designated adoption training “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting” (PS–MAPP), including the self–study course, and the “Universal Precautions in Foster and Adoptive Family Homes,” prior to before placement of a child. These training requirements apply to families who are adopting special needs children who are under the guardianship of the department.

(1) Foster parents licensed before December 31, 2002, who have been caring for a foster child in their home for at least six months and who have been selected to adopt that child may have their participation in adoption training waived by the human services area administrator service area manager or designee.

(2) Relatives who have cared for a related child for at least six months and who have been selected to adopt that relative related child may have their participation in the department’s preservice training for foster parents or the designated PS–MAPP training waived by the human services area administrator service area manager or designee.

(3) Adoptive families approved for adoption prior to June 1, 1997 before December 31, 2002, shall not be required to complete the department’s designated adoption PS–MAPP training. People who applied for adoption but were not approved before December 31, 2002, are not required to complete PS–MAPP training but shall complete at least 12 hours of the department’s designated preservice training for foster parents, 12 hours of the department’s designated adoption training, and the self–study course, “Universal Precautions in Foster and Adoptive Family Homes,” before placement of a child.

(4) If the family is adoptive parents are accepting placement of a child who is at high risk of becoming, or is HIV positive, they shall also complete the “Caring for Children with HIV” course.

ITEM 25. Amend subrule 200.4(6), unnumbered paragraph, as follows:

Prior to Before placement of a child, the Agreement of Placement for Adoption, Form SS–6623 470–0761, shall be signed by all parties.

ITEM 26. Amend subrule 200.4(7), paragraph “b,” unnumbered paragraph, as follows:

Home visits shall be completed at a minimum as follows: one no later than 30 days after placement, one no later than 90 days after placement, and a final visit prior to before requesting a consent to adopt. Supervisory reports based on observations shall be completed after the home visits using Form SS–6713 470–0773, Supervisory Report.