281—41.604(256B,34CFR300) Enforcement.
	41.604(1) Needs assistance. If the state determines for two consecutive years that an LEA or AEA needs assistance under paragraph 41.603(2)“b” in implementing the requirements of Part B of the Act, the state shall take one or more of the following actions:
	a. 	Advise the LEA or AEA of available sources of technical assistance that may help the LEA or AEA to address the areas in which it needs assistance, which may include assistance from the Iowa department of education, other state agencies, technical assistance providers approved by the Secretary, and other federally funded and state-funded nonprofit agencies, and require it to work with appropriate entities. Such technical assistance may include any of the following:
	(1)	The provision of advice by experts to address the areas in which the LEA or AEA needs assistance, including explicit plans for addressing the area for concern within a specified period of time;
	(2)	Assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically based research;
	(3)	Designating and using distinguished superintendents, principals, special education administrators, special education teachers and other teachers to provide advice, technical assistance, and support; and
	(4)	Devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service agencies, national centers of technical assistance supported under Part D of the Act, and private providers of scientifically based technical assistance.
	b. 	Identify the LEA or AEA as a high-risk grantee and impose special conditions on its grant under Part B of the Act.
	41.604(2) Needs intervention. If the state determines for three or more consecutive years that an LEA or AEA needs intervention under paragraph 41.603(2)“c” in implementing the requirements of Part B of the Act, the following shall apply:
	a. 	The state may take any of the actions described in subrule 41.604(1).
	b. 	The state shall take one or more of the following actions:
	(1)	Require the LEA or AEA to prepare a corrective action plan or improvement plan if the state determines that the LEA or AEA should be able to correct the problem within one year.
	(2)	Withhold, in whole or in part, any further payments to the AEA or LEA under Part B of the Act.
	41.604(3) Needs substantial intervention. Notwithstanding subrule 41.604(1) or 41.604(2), at any time that the state determines that an LEA or AEA needs substantial intervention in implementing the requirements of Part B of the Act or of this chapter or that there is a substantial failure to comply with any condition of an LEA’s eligibility or an AEA’s eligibility under Part B of the Act or this chapter, the state shall take one or more of the following actions:
	a. 	Withhold, in whole or in part, any further payments to the LEA or AEA under Part B of the Act.
	b. 	Refer the matter for appropriate enforcement action, which may include referral to the Iowa department of justice or the auditor of state.
	41.604(4) Rule of construction. The listing of specific enforcement mechanisms in this rule shall not be construed to limit the enforcement mechanisms at the state’s disposal in its enforcement of this rule or any other rule in this chapter.
[ARC 7792C, IAB 4/17/24, effective 5/22/24]