281—61.6 (256) Nature of the center’s products. The center’s strategies, models, materials, and assessments, including the products referred to in subrule 61.6(3), shall be judged by and subject to the following requirements:
	 61.6(1) Research-based. To the extent possible, strategies, models, materials, and assessments shall be research-based.
	 61.6(2) Replicable. The strategies, models, materials, and assessments produced by the center shall contain evidence establishing that they are replicable by Iowa school districts, area education agencies, and accredited nonpublic schools.
	 61.6(3) Sustainable. The strategies, models, and materials produced by the center shall contain evidence establishing that they are capable of sustainable implementation.
	 61.6(4) Publicly available. Due to the nature of the center, its products shall be widely and liberally distributed and used.
	  a.   	 Regardless of any intellectual property right that may accrue to the center, the department of education shall have a perpetual, irrevocable, royalty-free, nonexclusive, nontransferable license to use any of the strategies, models, and materials produced by the center.
	  b.   	 Regardless of any intellectual property right that may accrue to the center, each school district, area education agency, and accredited nonpublic school shall have a perpetual, irrevocable, royalty-free, nonexclusive, nontransferable license to use any of the strategies, models, and materials produced by the center.
	  c.   	 Regardless of any intellectual property right that may accrue to the center, each school district, area education agency, accredited nonpublic school, and practitioner preparation program approved by the department of education shall have a perpetual, irrevocable, royalty-free, nonexclusive, nontransferable license to use any of the strategies, models, and materials produced by the center to provide training to current and prospective teachers and administrators.
	  d.   	 Notwithstanding paragraphs 61.6(4)“a” through “c,” the center may seek reimbursement from a school district, area education agency, accredited nonpublic school, or practitioner preparation program approved by the department of education for the actual cost of delivering the center’s products. For purposes of this paragraph, actual costs may include printing, telecommunications expenses, personnel time, postage, and other costs, but shall not include any amount that represents a royalty or other compensation for the use of the center’s intellectual property.
[ARC 0475C, IAB 11/28/12, effective 1/2/13]