PrintProposing rulemaking related to uniform policies, future ready Iowa skilled workforce grant program, and workforce grant and incentive program and providing an opportunity for public comment
The College Student Aid Commission hereby proposes to amend Chapter 10, “Uniform Policies”; to rescind Chapter 16, “Future Ready Iowa Skilled Workforce Grant Program,” Iowa Administrative Code, and adopt a new chapter with the same title; and to adopt a new Chapter 34, “Workforce Grant and Incentive Program.”Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 560.Purpose and Summary The proposed rulemaking rescinds and replaces rule 283—10.2(261) to leverage Chapter 10 for definitions and policies that are consistent among state financial aid programs in order to streamline and reduce redundancies in accord with Executive Order 10. As additional chapters are rescinded and promulgated anew in the future under Executive Order 10, the consistent definitions and policies will be cited from Chapter 10 rather than duplicated in each chapter. A Regulatory Analysis, including the proposed amendments to Chapter 10, was published on July 12, 2023. A public hearing was held on August 2, 2023. No public comments on the Regulatory Analysis were received at the public hearing or in writing. Additionally, the proposed rulemaking rescinds and adopts a new Chapter 16 for the Future Ready Iowa Skilled Workforce Grant Program. Statutory amendments to the program were enacted in 2023 Iowa Acts, Senate File 560, division VIII. Given the extent of the amendments, the existing chapter is proposed to be rescinded and a new chapter promulgated in lieu thereof under Executive Order 10 to ensure that outdated and obsolete provisions are eliminated. A Regulatory Analysis, including the proposed text of Chapter 16, was published on July 26, 2023. A public hearing was held on August 16, 2023. No public comments on the Regulatory Analysis were received at the public hearing or in writing. Lastly, the rulemaking proposes a new Chapter 34 to implement the Workforce Grant and Incentive Program, which was enacted in 2023 Iowa Acts, Senate File 560, division VI. A Regulatory Analysis, including the proposed Chapter 34, was published on July 12, 2023. A public hearing was held on August 2, 2023. No public comments on the Regulatory Analysis were received at the public hearing or in writing. The Administrative Rules Coordinator provided preclearance for the publication of this Notice of Intended Action on September 8, 2023. Citations in the rules to Iowa Code sections 261.132, 256.230 and 84A.1B are to those sections as enacted by 2023 Iowa Acts, Senate File 560. The proposed rulemaking includes two standards that are adopted by reference, each of which aligns to standards in Title IV of the federal Higher Education Act of 1965. The first standard is the cost of attendance, which generally includes tuition and fees, books, supplies, transportation and miscellaneous personal expenses, and an allowance for food and housing costs. The second reference is to the process in which a student who is in default on a student loan regains eligibility for financial aid, which generally includes making six consecutive on-time payments, repaying the defaulted loan in full, or consolidating the defaulted loan with other student loans in good standing.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Commission no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Julie Ntem Department of Education, Bureau of Iowa College Aid 475 S.W. Fifth Street, Suite D Des Moines, Iowa 50309-4608 Phone: 515.725.3414 Email: julie.ntem@iowa.gov or administrative rules website at rules.iowa.govPublic Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 25, 2023 4 to 4:30 p.m. Commission Boardroom 475 S.W. Fifth Street, Suite D Des Moines, Iowa October 26, 2023 4 to 4:30 p.m. Commission Boardroom 475 S.W. Fifth Street, Suite D Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind rule 283—10.2(261) and adopt the following new rule in lieu thereof:283—10.2(261) Definitions. "Financial metric" is the means by which the commission ranks the relative financial need of an applicant for financial assistance. The calculated financial metric shall be evaluated annually on the basis of a confidential statement of family finances filed on a form designated by the commission. The commission has adopted the use of the Free Application for Federal Student Aid (FAFSA), a federal form developed by the U.S. Department of Education, which is used to determine the financial metric. Relative need will be ranked based on the applicant’s financial metric provided by the U.S. Department of Education. The FAFSA must be received by the processing agent by the date specified by the commission. A negative financial metric is the equivalent of zero. "Financial need" is the difference between the applicant’s cost of attendance, as defined in Title IV of the federal Higher Education Act of 1965, as of July 1, 2023, and the applicant’s financial metric and other available financial assistance at the eligible institution. "Full-time" means enrollment in at least 12 semester credit hours, or the equivalent, that are part of a program of study. Credits that a student receives through “life experience credit” and “credit by examination” are not eligible for funding. Only coursework required for the student’s eligible program of study can be used to determine enrollment status for state award calculations. "Iowa resident" means a person who:- If attending an Iowa regent university, Iowa private college or university, or Iowa barber or cosmetology college, meets the criteria used by the state board of regents to determine residency for tuition purposes as described in rule 681—1.4(262) and, if the person qualifies for residency only as described in 681—paragraph 1.4(2)“b,” meets the following additional criteria:
- Is a veteran or qualifying military person domiciled in the state of Iowa who is not dependent upon a parent for financial support;
- Is a dependent veteran or qualifying military person whose parent is domiciled in the state of Iowa; or
- Is the spouse, domestic partner, or dependent child of a veteran or qualifying military person who is domiciled in the state of Iowa; or
- If attending an Iowa community college, meets the criteria defined by the Iowa department of education to determine residency for community college tuition purposes as defined in 281—subrule 21.2(11) and, if the person qualifies for residency only as described in 281—subparagraph 21.2(11)“b”(5), meets the following additional criteria:
- Is a veteran of uniformed service or a national guard member domiciled in the state of Iowa who is not dependent upon a parent for financial support;
- Is a dependent veteran of uniformed service or a national guard member whose parent is domiciled in the state of Iowa; or
- Is the spouse, domestic partner, or dependent child of a veteran of uniformed service or a national guard member who is domiciled in the state of Iowa.
- Annually completes the applications the commission deems necessary on or before the date established by the commission.
- Establishes financial need, has an eligible financial metric, meets satisfactory academic progress standards, and does not meet a condition in 283—subrule 10.3(1).
Proposing rulemaking related to organization and operation and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 1, “Organization and Operation,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code sections 17A.3, 256.1 and 256.7.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapter 256.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department identified several instances where the current Chapter 1 duplicates statutory language, in addition to containing a dated organizational structure. This duplicative text has been removed from the proposed chapter.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9 to 9:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Second Floor, Jim Hester Board Room Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 1 and adopt the following new chapter in lieu thereof: CHAPTER 1TITLE IGENERAL INFORMATION— DEPARTMENT OPERATIONSORGANIZATION AND OPERATION281—1.1(17A,256) State board of education. The state board of education, authorized by Iowa Code chapter 256, is the governing and policy-forming body for the department of education. 1.1(1) Membership. The state board’s membership is governed by Iowa Code sections 256.3 and 256.4. 1.1(2) Meetings. The board’s meetings are governed by Iowa Code section 256.6. The majority of the board’s meetings are held in the State Board Room, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319. By notice of the regularly published meeting agenda, the board may hold meetings in other areas of the state. The board may hold special meetings as provided in Iowa Code section 256.6. 1.1(3) Compensation. All voting members will receive compensation and reimbursement as provided in Iowa Code section 256.5. A student member will receive compensation pursuant to Iowa Code section 256.5A(6). If a student member’s parent or guardian provides supervision pursuant to subrule 1.2(4), the parent or guardian will receive necessary expenses but not a per diem.281—1.2(17A,256) Student member of the state board of education. The governor will appoint a public high school student to serve as a nonvoting member of the state board of education pursuant to Iowa Code section 256.5A. 1.2(1) Term. The nonvoting student member will serve a term from May 1 to April 30. The student member may serve a second year as the nonvoting student member without having to reapply for the position if the student has another year of high school eligibility remaining before graduation. A vacancy in the membership of the nonvoting student member will not be filled until the expiration of the term. 1.2(2) Qualifications. At the time of making application, a qualified nonvoting student member is to meet all of the following criteria: a. The student is a full-time, regularly enrolled tenth or eleventh grade student in an Iowa school district. b. The student has been regularly enrolled as a full-time student in the district of present enrollment for at least two consecutive semesters or the equivalent thereof. c. The student has a minimum cumulative grade point average in high school of 3.0 on a 4.0 scale (3.75 on a 5.0 scale). d. The student demonstrates participation in extracurricular and community activities, as well as an interest in serving on the state board. e. The student has the consent of the student’s parent or guardian, as well as the approval of the student’s district. 1.2(3) Application process. The application process for the nonvoting student member is as follows: a. The department will, on behalf of the state board, prepare and disseminate application forms to all school districts in Iowa. In addition to the application itself, the student will submit all of the following: (1) A consent form signed by the student’s parent or guardian. (2) An approval of the application signed by the superintendent of the student’s district of enrollment or the superintendent’s designee. (3) A letter of recommendation from a high school teacher from whom the student received instruction. (4) A letter of recommendation from a person in the community familiar with the student’s community activities. b. The number of applicants in a year from any one district is limited as follows: (1) If district enrollment for grades 10 through 12 is less than 400 students, there may be no more than one applicant from the district. (2) If district enrollment for grades 10 through 12 is between 400 and 1,199 students, there may be no more than two applicants from the district. (3) If district enrollment for grades 10 through 12 is 1,200 students or more, there may be no more than three applicants from the district. c. All applications are to be submitted on or before February 1 of the year in which the term is to begin. Applications may be hand-delivered or postmarked on or before February 1 to the Iowa department of education. d. All applications will be initially screened by a committee to be appointed by the director of the department. The initial screening committee will select not more than 20 semifinalists. If fewer than a total of 20 applications are received, the initial screening process may be omitted at the discretion of the director of the department. e. The applications of the semifinalists will be reviewed by a committee appointed by the president of the state board. The committee will submit a list of two to five finalists to the governor, who will appoint the student member from the list submitted. 1.2(4) Participation of student member in official board activities. a. Upon appointment to the board, the student member is to, at a minimum, fulfill the following qualifications to remain eligible to serve: (1) Maintain enrollment as a full-time student in an Iowa public school district (if the student moves or transfers from the district of application, the student will obtain the approval of the superintendent or the superintendent’s designee in the student’s new district of enrollment). (2) Maintain a minimum cumulative grade point average in high school of 3.0 on a 4.0 scale or 3.75 on a 5.0 scale. (3) Attend regularly scheduled board meetings as required of voting board members. As a nonvoting member, the student will not participate in any closed session of the board. b. The student member’s absences from school to participate in official state board activities will be excused absences. The student member’s participation in board activities outside the regularly scheduled meetings of the state board will be approved by the president of the board and the student’s superintendent or the superintendent’s designee. c. If the student member is a minor, the student’s parent or guardian will accompany the student while the student is participating in official state board activities at a location other than the student’s resident community, unless the parent or guardian submits to the state board a signed release indicating that the parent or guardian has determined that such supervision is unnecessary. d. The nonvoting student member is not considered for purposes of constituting the board’s necessary quorum.281—1.3(17A,256) Director of the department of education. The director is appointed pursuant to Iowa Code section 256.8 and performs such duties as assigned by the Iowa Code or the Iowa Administrative Code, including Iowa Code section 256.9.281—1.4(17A,256) Department of education. The department of education is established by Iowa Code section 256.1 to perform the functions and duties set forth in that section, in other Iowa Code provisions, and in the Iowa Administrative Code. The department is organized into such divisions as established by statute or the director. The mailing address for the state board of education, the director, and all divisions of the department is Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319-0146. These rules are intended to implement Iowa Code section 17A.3.ARC 7083CEducation Department[281]Notice of Intended ActionProposing rulemaking related to agency procedure for rulemaking and petitions for rulemaking and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 2, “Agency Procedure for Rule Making and Petitions for Rule Making,” and to adopt a new Chapter 2, “Agency Procedure for Rulemaking and Petitions for Rulemaking,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code chapter 17A and section 256.7.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapters 17A and 256.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department identified several instances where the current chapter duplicates statutory language. This text is removed in the proposed rulemaking.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9 to 9:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Second Floor, Jim Hester Board Room Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 2 and adopt the following new chapter in lieu thereof: CHAPTER 2AGENCY PROCEDURE FOR RULEMAKING AND PETITIONS FOR RULEMAKING281—2.1(17A) Incorporation by reference. The Iowa department of education (department) and the Iowa state board of education incorporate by this reference all such matters in Iowa Code chapter 17A that deal with rulemaking or petitions for rulemaking.281—2.2(17A) Contact information. 2.2(1) General. Petitions for rulemaking and inquiries about department rules and the rulemaking process may be directed to Legal Consultant, Iowa Department of Education, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319-0146. 2.2(2) Comments on proposed rules. Any public comment on a Notice of Intended Action or similar document may be directed to Legal Consultant, Iowa Department of Education, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319-0146, or as directed in the Notice of Intended Action or similar document. 2.2(3) Petitions for rulemaking. A petition for rulemaking that substantially conforms to the following form will be considered by the department:DEPARTMENT OF EDUCATION Petition by (Name of Petitioner)for the Adoption/Amendment/Repeal of (Cite rule involved). } PETITION FORRULEMAKING281—2.3(17A) Electronic submissions. The department encourages electronic submissions of documents under this chapter, including documents bearing electronic signatures. More information is available in the administrative rules content on the department’s website (educateiowa.gov). These rules are intended to implement Iowa Code section 256.7(3) and chapter 17A.ARC 7084CEducation Department[281]Notice of Intended ActionProposing rulemaking related to declaratory orders and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 3, “Declaratory Orders,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 17A.9.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapter 17A.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department determined nearly the entirety of this chapter is duplicative of the Uniform Rules on Agency Procedure chapter on declaratory orders, which is therefore proposed to be incorporated by reference.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9 to 9:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Second Floor, Jim Hester Board Room Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 3 and adopt the following new chapter in lieu thereof: CHAPTER 3DECLARATORY ORDERS The Iowa department of education adopts, with the exceptions and amendments noted in rule 281—3.13(17A), the Uniform Rules on Agency Procedure relating to declaratory orders, which are published at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the general assembly’s website.281—3.13(17A) Additional information concerning declaratory orders. For purposes of the Uniform Rules on Agency Procedure relating to declaratory orders, the following amendments and exceptions apply:- In lieu of “(designate agency)” insert “Iowa department of education”.
- In lieu of “(designate office)” insert “Grimes State Office Building, Second Floor, 400 East 14th Street, Des Moines, Iowa 50319-0146”.
- In lieu of “______days (15 or less)” insert “15 days”.
- In lieu of “______ days” insert “15 days”.
- In lieu of “(designate official by full title and address)” insert “General Counsel, Iowa Department of Education, Grimes State Office Building, Second Floor, 400 East 14th Street, Des Moines, Iowa 50319-0146”.
- In lieu of “(specify office and address)” insert “General Counsel, Iowa Department of Education, Grimes State Office Building, Second Floor, 400 East 14th Street, Des Moines, Iowa 50319-0146”.
- Method of service, time of filing, proof of mailing, the date of issuance of an order, or a refusal to issue an order are governed by 281—Chapter 6.
Proposing rulemaking related to waivers from administrative rules and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 4, “Waivers from Administrative Rules,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 17A.9A.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapter 17A.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department determined that a large portion of this chapter recites statutory text or is aspirational in nature. That text is proposed to be removed and the chapter simplified.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9 to 9:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Second Floor, Jim Hester Board Room Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 4 and adopt the following new chapter in lieu thereof: CHAPTER 4WAIVERS FROM ADMINISTRATIVE RULES281—4.1(17A) Definitions. For purposes of this chapter: "Board" means the state board of education. "Department" means the department of education. "Director" means the director of the department of education. "Person" means an individual, school corporation, government or governmental subdivision or agency, nonpublic school, partnership or association, or any legal entity. "Waiver" means the same as defined in Iowa Code section 17A.9A(5).281—4.2(17A) General. The director may grant a waiver of any administrative rule, if the waiver is consistent with Iowa Code section 17A.9A.281—4.3(17A) Criteria for waiver. In response to a petition filed pursuant to this chapter, the director may in the director’s sole discretion issue an order waiving in whole or in part the obligations of a rule if the director finds, based on clear and convincing evidence, all of the factors listed in Iowa Code section 17A.9A(2) and that any waiver from the obligations of the rule in the specific case would not have a negative impact on the student achievement of any person affected by the waiver.281—4.4(17A) Filing of petition. All petitions for waiver are submitted in writing to the Director, Department of Education, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319-0146. If the petition relates to a pending contested case, the petition is filed in the contested case proceeding, using the caption of the contested case.281—4.5(17A) Content of petition. A petition for waiver includes the following information where applicable and known to the requester: 1. The name, address, and telephone number of the person for whom a waiver is being requested, and the case number of any related contested case. 2. A description and citation of the specific rule from which a waiver is requested. 3. The specific waiver requested, including the precise scope and duration. 4. The relevant facts that the petitioner believes would justify a waiver under the criteria described in Iowa Code section 17A.9A(2). This statement includes a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition and a statement of reasons that the petitioner believes will justify a waiver. 5. A history of any prior contacts between the board, the department and the petitioner relating to the regulated activity, license, or grant affected by the proposed waiver, including a description of each affected item held by the requester, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity, license, or grant within the last five years. 6. A detailed statement of the impact on student achievement for any person affected by the granting of a waiver. 7. Any information known to the requester regarding the board’s or department’s treatment of similar cases. 8. The name, address, and telephone number of any person or entity that would be adversely affected by the granting of a petition. 9. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver. 10. Signed releases of information authorizing persons with knowledge regarding the request to furnish the department with information relevant to the waiver.281—4.6(17A) Additional information. Prior to issuing an order granting or denying a waiver, the department may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the department may on its own motion or at the petitioner’s request, schedule a telephonic or in-person meeting between the petitioner and the department.281—4.7(17A) Notice. The department will acknowledge receiving the petition and ensure that, within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is necessary by any provision of law. In addition, the department may give notice to other persons. To accomplish this notice provision, the department may obligate the petitioner to serve the notice on all persons to whom notice is necessary by any provision of law and provide a written statement to the department attesting that notice has been provided.281—4.8(17A) Hearing procedures. The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings apply in three situations: (1) to any petition for a waiver filed within a contested case, (2) when provided by rule or order, or (3) when required to do so by statute.281—4.9(17A) Ruling. An order granting or denying a waiver will be in writing and will contain a reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and the reasons upon which the action is based, and a description of the precise scope and operative period of any waiver issued. 4.9(1) General. The final decision on whether the circumstances justify the granting of a waiver is in the sole discretion of the director, based on the unique, individual circumstances set out in the petition. 4.9(2) Compliance with Iowa Code standards. The department applies the standards and burdens in Iowa Code section 17A.9A(3). 4.9(3) Administrative deadlines. When the rule from which a waiver is sought establishes administrative deadlines, the director will balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all similarly situated persons. 4.9(4) Time for ruling. The director will grant or deny a petition for a waiver as soon as practicable but, in any event, within 120 days of its receipt, unless the petitioner agrees to a later date. However, if a petition is filed in a contested case, the director will grant or deny the petition no later than the time at which the final decision in that contested case is issued. Failure of the director to grant or deny a petition within the time period is deemed a denial of that petition by the director. However, the director remains responsible for issuing an order denying a waiver. 4.9(5) Service of order. Within seven days of its issuance, any order issued under this chapter is transmitted to the petitioner or the person to whom the order pertains, and to any other person entitled to such notice by any provision of law.281—4.10(17A) Public availability. The department will comply with the public availability and filing procedures of Iowa Code section 17A.9A(4).281—4.11(17A) After issuance of a waiver. 4.11(1) Cancellation. A waiver issued pursuant to this chapter may be withdrawn, canceled or modified if, after appropriate notice and hearing, the director issues an order finding any of the following: a. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety or desirability of the waiver; or b. The alternative means for ensuring that the public health, safety and welfare will be adequately protected after issuance of the waiver order have been demonstrated to be insufficient; or c. The subject of the waiver order has failed to comply with all conditions contained in the order. 4.11(2) Violations. A violation of conditions in the waiver approval is the equivalent of violation of the particular rule for which the waiver is granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue. 4.11(3) Defense. After the director issues an order granting a waiver, the order is a defense within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked. 4.11(4) Judicial review. Judicial review of the director’s decision to grant or deny a waiver petition may be taken in accordance with Iowa Code chapter 17A.281—4.12(17A) Exception. This chapter does not apply to 281—Chapters 36 and 37 or to specific waiver provisions adopted in other chapters. These rules are intended to implement Iowa Code section 17A.9A.ARC 7088CEducation Department[281]Notice of Intended ActionProposing rulemaking related to appeal procedures and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 6, “Appeal Procedures,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapter 290.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department determined several of the rules recite statutory text, recite text from the Uniform Rules on Agency Procedure on contested cases (which could be incorporated by reference), or are obsolete. The proposed rulemaking removes that language and simplifies this chapter.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9 to 9:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Jim Hester Board Room, Second Floor Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 6 and adopt the following new chapter in lieu thereof: CHAPTER 6APPEAL PROCEDURES281—6.1(290) Scope of chapter. This chapter applies to all hearing requests seeking appellate review by the state board of education, the director of education, or the department of education.281—6.2(256,290,17A) Definitions. The definitions contained in rule X.2 of the Uniform Rules on Agency Procedure for contested cases, effective on July 1, 1999, which are published on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf, are incorporated by reference. The following additional definitions apply to this chapter: "Appellant" refers to a party bringing an appeal to the state board of education, the director of education, or the department of education. "Appellee" refers to the party in a matter against whom an appeal is taken or the party whose interest is adverse to the reversal of a prior decision now on appeal to the state board of education, the director of education, or the department of education. "Board" means the state board of education. "Department" means the department of education. "Designated office" means the Iowa Department of Education, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319, or as ordered by the presiding officer. "Director" refers to the director of education. "Presiding officer" means the director of the department of education or the designated administrative law judge.281—6.3(290,17A) Incorporation by reference. The following rules from the Uniform Rules on Agency Procedure for contested cases, effective on July 1, 1999, are incorporated by reference:- X.7(17A) Waiver of procedures.
- X.9(17A) Disqualification.
- X.10(17A) Consolidation—severance.
- X.12(17A) Service and filing of pleadings and other papers.
- X.13(17A) Discovery.
- X.14(17A) Subpoenas, with the following addition: Witnesses and serving officers may be allowed the same compensation as is paid for like attendance or service in district court. The witness’s fees and mileage are considered costs of any appeal filed under Iowa Code chapter 290, and costs are assigned to the nonprevailing party. The witness’s fees and expenses for hearings brought under other statutes and rules are the responsibility of the party requesting or subpoenaing the witness.
- X.15(17A) Motions.
- X.16(17A) Prehearing conference.
- X.17(17A) Continuances.
- X.19(17A) Intervention.
- X.20(17A) Hearing procedures.
- X.21(17A) Evidence.
- X.22(17A) Default, with the following correction: The reference to Iowa Rule of Civil Procedure 236 is corrected to Rule 1.977.
- X.23(17A) Ex parte communication.
- X.24(17A) Recording costs.
- X.28(17A) Applications for rehearing.
- X.29(17A) Stays of agency actions.
- X.30(17A) No factual dispute contested cases.
- X.31(17A) Emergency adjudicative proceedings.
Proposing rulemaking related to criteria for grants and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 7, “Criteria for Grants,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapter 256.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department identified unnecessary and duplicative restrictive language, which this proposed rulemaking rescinds.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9 to 9:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Second Floor, Jim Hester Board Room Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 7 and adopt the following new chapter in lieu thereof: CHAPTER 7CRITERIA FOR GRANTS281—7.1(256,17A) General. To ensure equal access and objective evaluation of applicants for competitive program grant funds made available by the Iowa department of education (department), grant application materials are to contain, at minimum, specific content. The department develops competitive program grant application packets in accordance with these rules unless in conflict with appropriation language, the Iowa Code, the Iowa Administrative Code, federal regulations, or interagency agreements between the department and other state agencies.281—7.2(256,17A) Definitions. For the purpose of these rules, the following definitions apply: "Competitive program grant" means the collective activities of a competitive grant funded through the department. "Program period" means the period of time that the department intends to support the program without requiring the recompetition for funds. The program period is specified within the grant application. "Service delivery area" means the defined geographic area for delivery of program services.281—7.3(256,17A) Grant application contents. All competitive program grant application materials made available by the department are to include the following: 1. Funding source. 2. Program period. 3. Description of eligible applicants. 4. Services to be delivered. 5. Service delivery area. 6. Target population to be served (if applicable). 7. Funding purpose. 8. Funding restrictions. 9. Funding formula (if any). 10. Matching requirement (if any). 11. Reporting requirements. 12. Performance criteria. 13. Need for letters of support or other materials (if applicable). 14. Application due date. 15. Anticipated date of awarding grant. 16. Required components of submitted grant applications. 17. An explanation of the review process and the review criteria to be used by application evaluators, including the number of points allocated per evaluated component. 18. Appeal process in the event an application is denied.281—7.4(256,17A) Review process. The review process to be followed in determining the amount of funds to be approved for any competitive program grant will be described in the application, including the review criteria and point allocation for each criterion. 7.4(1) The competitive program grant review committee will be determined by the appropriate division administrator. The review committee members will allocate points per review criterion when conducting the review. 7.4(2) In the event competitive program grant applications receive an equal number of points that necessitates a further determination of whether an applicant is to receive a grant, a second review will be conducted by the division administrator or the division administrator’s designee.281—7.5(290,17A) Appeal of grant denial or termination. Any applicant may appeal the denial of a properly submitted competitive program grant application or the unilateral termination of a competitive program grant to the director of the department. 7.5(1) Appeals are to be: a. In writing, b. Received within ten working days of the date of the notice of decision, and c. Based on a contention that the process was conducted outside of statutory authority; violated state or federal law, policy, or rule; did not provide adequate public notice; was altered without adequate public notice; or involved conflict of interest by staff or committee members. 7.5(2) The hearing and appeal procedures found in 281—Chapter 6 that govern the director’s decisions apply to any appeal of denial or termination. 7.5(3) In the notice of appeal, the grantee will give a short and plain statement of the reasons for the appeal. 7.5(4) The director will issue a decision within a reasonable time, not to exceed 60 days from the date of the hearing. These rules are intended to implement Iowa Code section 256.9(7).ARC 7090CEducation Department[281]Notice of Intended ActionProposing rulemaking related to statewide voluntary preschool program and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 16, “Statewide Voluntary Preschool Program,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 256C.2.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapter 256C.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department identified several rules in Chapter 16 that recite statutory text, are obsolete, or are aspirational in nature. They are proposed to be removed in this rulemaking.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9:30 to 10 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Room 1070 Des Moines Roosevelt High School 4419 Center Street Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 16 and adopt the following new chapter in lieu thereof: CHAPTER 16STATEWIDE VOLUNTARY PRESCHOOL PROGRAM281—16.1(256C) Definitions. "Applicant" means a school district applying to become an approved local program. Only public school districts in Iowa may apply for state funds under this chapter. "Approved local program" means the same as defined in Iowa Code section 256C.1. "Assessment" means a systematic ongoing procedure for obtaining information from observations, interviews, portfolios, and tests that can be used to make judgments about the strengths and needs of individual children and plan appropriate instruction. "Comprehensive services" means the provision of quality, developmentally appropriate early learning experiences consistent with age-relevant abilities or milestones; extended day child care services; developmental screenings, including health, hearing, and vision screenings; transportation; and family education and support services. "Curriculum" means a research-based or evidence-based written framework that is comprehensive, addresses the needs of the whole child, and provides a guide for decision making about content, instructional methods, and assessment. "Department" means the same as defined in Iowa Code section 256C.1. "Developmentally appropriate" means practices that are based upon knowledge of how children develop and learn and that are responsive to the individual child’s learning strengths, interests, and needs. "Director" means the same as defined in Iowa Code section 256C.1. "Eligible child" means the same as defined in Iowa Code section 256C.3(1). "Family education and support" means any developmentally appropriate activity or information, provided either formally or informally to parents, that supports the success of children and their families to reach desired results. "Paraeducator" means a certified educational assistant as defined in Iowa Code section 272.1(7) and licensed under 282—Chapter 24. "Prekindergarten program" means an education program offered by a school district or by an accredited nonpublic school as defined in 281—Chapter 12. "Preschool budget enrollment" means the same as defined in Iowa Code section 256C.5. "Preschool foundation aid" means the same as defined in Iowa Code section 256C.5. "Preschool program" means the statewide voluntary preschool program for four-year-old children created in Iowa Code chapter 256C. "Program standards" means the expectations for the characteristics or quality of early childhood settings, centers, and schools approved by the department. Approved program standards include National Association for the Education of Young Children (NAEYC) Program Standards and Accreditation Criteria, Head Start Program Performance Standards, the Iowa Quality Preschool Program Standards (QPPS) and Criteria, or other approved program standards as determined by the department. "School district" means the same as defined in Iowa Code section 257.2. "Staff member" means an individual who implements preschool activities under the direct supervision of a teacher. Staff members include paraeducators, teacher aides and teacher associates. All staff members are to meet the program standards defined herein. "Teacher" means an individual who holds a valid practitioner’s license issued by the board of educational examiners under Iowa Code chapter 272 and holds an endorsement from the board of educational examiners that includes prekindergarten or kindergarten. There is no obligation that the teacher be an employee of the applicant district; the teacher may be employed by a private provider or other public agency with which the district has entered into an agreement or contract under Iowa Code chapter 28E.281—16.2(256C) Preschool program standards. Approved program standards include Head Start Program Performance Standards, Iowa Quality Preschool Program Standards and Criteria, or the NAEYC Program Standards and Accreditation Criteria. All approved local preschool programs adopt preschool program standards and meet the following criteria: 16.2(1) Personnel. A minimum of one teacher is present with eligible children during the voluntary preschool program instructional time. 16.2(2) Ratio of staff to children. At least one teacher is present in a classroom during the instructional time described in subrule 16.2(4). A minimum of one staff member and one teacher are present when 11 to 20 children are present. Staff members and teachers have reasonable line-of-sight supervision of all children. 16.2(3) Maximum class size. There are no more than 20 children per classroom. 16.2(4) Instructional time. Eligible children receive instructional time as established by Iowa Code section 256C.3(3)“f” that meets the needs of the child and is directly related to the program’s curriculum, such time to be exclusive of recess. 16.2(5) Child learning standards. The preschool program demonstrates how the curriculum, assessment, staff development, and instructional strategies are aligned to the Iowa Early Learning Standards. The teacher provides instruction on the skills and knowledge included in the Iowa Early Learning Standards. 16.2(6) Curriculum. The preschool program adopts a research-based or evidence-based curriculum. 16.2(7) Assessment. The preschool program adopts a research-based or evidence-based assessment to provide information on children’s learning and development. 16.2(8) Staff development. The school district complies with Iowa Code section 256C.3(4)“d.” The district makes available to any teacher of a statewide voluntary preschool program who is not employed by the district staff development that the district offers to the district’s personnel to maintain the skills appropriate to the teacher’s role. The school district ensures that staff members for the program are provided appropriate staff development in early childhood education. 16.2(9) Space. The preschool program provides adequate and appropriate space and facilities in accordance with program standards. 16.2(10) Materials. The preschool program provides instructional materials and supplies consistent with the program standards and Iowa Early Learning Standards. 16.2(11) Meals. The preschool program provides adequate and appropriate meals or snacks in accordance with program standards. 16.2(12) Parent involvement. The preschool program involves families through at least one home visit by the licensed teacher of the child, one family night, and at least two family-teacher conferences per year. Family involvement may include volunteering in the classroom, orientation to the preschool program, parent education, general communications, or other activities. 16.2(13) Integration of other preschool programs. The preschool program complies with Iowa Code section 256C.3(3)“d.” 16.2(14) Comprehensive services. The preschool program may collaborate with other agencies for the provision of the following: a. Quality, developmentally appropriate early learning experiences; b. Extended day child care; c. Transportation; d. Developmental screening, including health, hearing, and vision screening; e. Referral to other agencies providing health insurance, health care, immunizations, nutrition services, and mental health and oral health services; and f. Family education and support.281—16.3(256C) Collaboration. 16.3(1) Teachers. The teacher complies with Iowa Code section 256C.3(2)“b.” 16.3(2) Programs. The program complies with Iowa Code section 256C.3(3)“e.” In doing so, the program makes available resources, including those described in subrule 16.2(14), necessary to meet the needs of the child. Preschool programs collaborate to ensure that children receiving care from other approved child care arrangements can participate in the voluntary preschool program with minimal disruptions to the child. 16.3(3) Districts. The school district complies with Iowa Code section 256C.3(4)“a” and “b.”281—16.4(256C) Applications for funding. All applications are submitted in a manner directed by the department; address the standards found in rules 281—16.2(256C), 281—16.3(256C), and 281—16.9(256C); and contain a plan describing how they will fully meet the program standards within one year of the funding award. Points are awarded based on the applicant’s provision of the following information: 1. Preschool program summary; 2. Research documentation; 3. Identification and documentation of local population; 4. Needs assessment of local programs providing services; 5. Evidence of collaboration with local agencies to provide comprehensive services; and 6. Letters of community support.281—16.5(256C) Application process. 16.5(1) Request for applications. a. The department announces the commencement of the application period through public notice on the department’s website and the department’s relevant regular electronic publications. b. Applications for preschool program funding are available on the department’s website and otherwise distributed by the department upon request. c. All applications are to be submitted to the department in accordance with instructions accompanying the applications. 16.5(2) Application process. a. Applications that do not contain the specified information or that are not received by the specified date will not be considered. b. The department has the final discretion to award funds. 16.5(3) Notification of applicants. The department notifies all applicants within 45 days following the due date for receipt of applications whether their requests are funded. The department is to provide to each successful applicant a contract to be signed by an official with authority to bind the applicant and to be returned to the department prior to the distribution of any funds under this program.281—16.6(256C) Removal of approval. 16.6(1) Removal by agreement. The contract may be terminated in whole or in part when both parties agree that the continuation of the project would not produce beneficial results commensurate with the future expenditure of funds. The parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The applicant does not incur new obligations for the terminated portion after the effective date and will cancel as many outstanding obligations as possible. 16.6(2) Department removal for cause. a. The department may remove approval in whole or in part at any time before the date of completion whenever it is determined by the department that the applicant has failed to comply substantially with the conditions of the contract. The applicant will be notified in writing by the department of the reasons for the removal of approval and the effective date. The applicant does not incur new obligations for the portion for which approval is removed after the effective date of removal and will cancel as many outstanding obligations as possible. b. The department may remove approval in whole or in part by June 30 of the current fiscal year in the event that the applicant has not attained the program standards. 16.6(3) Responsibility of applicant after removal of approval. Within 45 days of the removal of approval, the applicant will supply the department with a financial statement detailing all costs incurred up to the effective date of the removal. If the applicant expends moneys for other than specified budget items approved by the department, the applicant will return moneys for unapproved expenditures.281—16.7(256C) Appeal of application denial, termination, or removal of approval. Any applicant may appeal to the director of the department the denial of a properly submitted preschool program funding application or the unilateral termination or removal of an approval. The jurisdictional criteria and procedures found in 281—Chapter 7 apply to any appeal of denial.281—16.8(256C) Finance. 16.8(1) General. The department implements Iowa Code sections 256C.4 and 256C.5. 16.8(2) Aid payments. Preschool foundation aid is paid as part of the state aid payments made to school districts in accordance with Iowa Code section 257.16, except that it is not necessary that an eligible child be a resident of the district in which the child is enrolled voluntarily in the approved local program. 16.8(3) Separate accounting. All state funding received under this program is accounted for by the applicant district separately from other state aid payments. 16.8(4) Restriction on supplanting. State funding received under this program is used to supplement, not supplant, other public funding received by the applicant district as the result of the participation of any eligible children in other state or federal funded preschool programs. This restriction is applicable only for costs related to instructional time as described in subrule 16.2(4). 16.8(5) Transportation. Children participating in preschool in an approved local program under Iowa Code chapter 256C may be provided transportation services. However, transportation services provided to such children are not eligible for reimbursement under this chapter. 16.8(6) Open enrollment not applicable. Iowa’s open enrollment statute (Iowa Code section 282.18) is not applicable for the parent or guardian of an eligible child who desires to access an approved program in a school district not of the child’s residence. Approved programs are open to all eligible Iowa children, regardless of a child’s district of residence. Accordingly, it is neither necessary for a parent or guardian to file an open enrollment application, nor will open enrollment applications for approved preschool programs be allowed. Participation in an approved program in a school district not of the child’s residence does not create an entitlement to continuous open enrollment under Iowa Code section 282.18.281—16.9(256C) Accountability. An approved local program meets the minimum program specifications in this chapter. The department encourages approved local programs to exceed the minimum standards as programs work toward ongoing improvement. The department monitors each local program’s compliance with this rule. 16.9(1) Annual reports. Each approved local program provides, on forms provided by the department, an annual report to the department regarding program specifications. Failure to submit an annual report by the date specified therein results in suspension of financial payments to the applicant until such time as the report is received by the department. 16.9(2) Performance measures. The approved local program collects data on all of the following: a. The number of eligible children participating in the preschool program. b. The number of eligible children participating in a program that meets the criteria of NAEYC, Head Start, or QPPS Standards and Criteria. c. The curriculum. d. The assessment as defined in rule 281—16.1(256C). e. The number of teachers. f. The kindergarten literacy assessment as defined in Iowa Code section 279.60. 16.9(3) Noncompliance with program specifications. If the department determines that a participating district does not meet one or more of the accountability specifications provided in rule 281—16.2(256C), the department informs the school district of appropriate actions to be taken by the school district. The school district submits an action plan that is approved by the department and contains reasonable timelines for coming into compliance. The department will facilitate technical assistance when requested. If the department determines that the school district is not taking the necessary actions in a timely manner, the director removes approval and terminates the school district’s contract as provided in subrule 16.6(2). Until such time as the school district’s contract is terminated, the school district may continue to participate in the statewide voluntary preschool program. 16.9(4) Monitoring. The department develops a monitoring system based on the annual reporting and performance measures described in this rule to be implemented no later than one year after funding is first provided under this chapter. The monitoring system ensures that programs meet the provisions herein requiring a properly licensed teacher and adoption of program standards and is designed to follow the academic progress of children who voluntarily participate in the statewide preschool program as the children progress through elementary and secondary grade levels. If feasible, it is the intent of the department to include postsecondary monitoring of such children. These rules are intended to implement Iowa Code chapter 256C.ARC 7091CEducation Department[281]Notice of Intended ActionProposing rulemaking related to school fees and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 18, “School Fees,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 256.7(20).State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 256.7(20).Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department identified several rules that recite statutory text or are aspirational in nature. They are proposed to be removed in this rulemaking.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. The rulemaking maintains the core status quo responsibilities for schools. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9:30 to 10 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Room 1070 Des Moines Roosevelt High School 4419 Center Street Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 18 and adopt the following new chapter in lieu thereof: CHAPTER 18SCHOOL FEES281—18.1(256) Overview. No Iowa student enrolled in a public school may be excluded from participation in or denied the benefits of course offerings and related activities due to the student’s or the student’s parent’s or guardian’s financial inability to pay a fee associated with the class, program, or activity.281—18.2(256) Fee policy. The board of directors (board) of a public school district (district) shall adopt a policy regarding the charging and collecting of fees for course offerings and related activities and for transportation provided to resident students who are not entitled to transportation under Iowa Code section 285.1, apply its policy to any fees charged, and develop procedures to implement its policy.281—18.3(256) Eligibility for waiver, partial waiver or temporary waiver of student fees. The policy mandated by rule 281—18.2(256) is to include provisions for granting a waiver, partial waiver, or temporary waiver of student fees upon application by the student. 18.3(1) Waivers. At minimum, the policy is to include the following provisions relating to eligibility for the waivers: a. Waiver.A student is granted a waiver of all fees covered by this chapter if the student or the student’s family meets the financial eligibility criteria for free meals offered under the child nutrition program, or for the family investment program (FIP), or for transportation assistance under open enrollment provided under 281—Chapter 17, or if the student is in foster care under Iowa Code chapter 232. b. Partial waiver.A student is granted either a waiver of all student fees or a partial waiver of student fees if the student or the student’s family meets the financial eligibility criteria for reduced price meals offered under the child nutrition program, based on a sliding scale related to an ability to pay. c. Temporary waiver.At the discretion of the district, a student may be granted a temporary waiver of a fee or fees in the event of a temporary financial difficulty in the student’s immediate family. A temporary waiver may be applied for and granted at any time during a school year. The maximum length of a temporary waiver is one year. d. Fees waived not collectable.When an application for any fee waiver is granted, the fee or fees waived under the application are not collectable. e. Distribution of policy and applications.At the time of registration or enrollment, the district distributes procedures on charging fees, a written notice of fees charged to each student, the waiver and reduction policy and procedures including income guidelines, and the application for waiver. For students or families whose primary language is other than English, the district provides a copy of the materials in the student’s native language or arranges for translation of the materials within a reasonable time. f. Annual application.The request for a fee waiver is made on application forms provided by the department of education. An application can be received at any time but may only be renewed at the beginning of the school year. 18.3(2) Applications. The procedures are to include a description of the confidential application process for the waiver and provide that a written decision be issued to the applicant within a reasonable time. If the application is denied, the decision will include the reason for the denial. 18.3(3) Review and appeals. The procedures are to include a provision for a confidential review of any denial by a person or persons designated by the board upon request and the manner in which an appeal may be taken. If the decision on review is again to deny the application, the decision maker will notify the applicant in writing that the applicant may appeal the denial to the director of the department of education by filing a notarized statement within 30 days of the applicant’s receipt of the district’s final decision.281—18.4(256) Fees covered. Fines assessed for damage or loss to school property are not fees and need not be waived. Nothing in this chapter authorizes the charging of a fee for which there is no authority in law. These rules are intended to implement Iowa Code section 256.7(20).ARC 7092CEducation Department[281]Notice of Intended ActionProposing rulemaking related to charter schools and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 19, “Charter Schools,” and adopt a new chapter with the same title, and to rescind Chapter 68, “Iowa Public Charter and Innovation Zone Schools,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code chapters 256E and 256F.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapters 256E and 256F.Purpose and Summary As part of the Department’s review of rules under Executive Order 10, the Department determined that several of the rules in both Chapters 19 and 68 recite statutory text, are obsolete, or are aspirational in nature. Because Chapter 68 will only apply to two legacy charter schools and none in the future, the Department proposes consolidating these two chapters into one for monitoring purposes.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9:30 to 10 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Room 1070 Des Moines Roosevelt High School 4419 Center Street Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 19 and adopt the following new chapter in lieu thereof: CHAPTER 19CHARTER SCHOOLS281—19.1(256E) General. All charter schools in Iowa are a part of the state’s program of public education. Charter schools established on or after July 1, 2021, are subject to Iowa Code chapter 256E and Division I of this chapter. Charter schools established prior to July 1, 2021, continue to operate under and are subject to the provisions of Iowa Code chapter 256F and Division II of this chapter. The department monitors the effectiveness of charter schools and implements the applicable provisions of this chapter.DIVISION I CHARTER SCHOOLS ESTABLISHED ON OR AFTER JULY 1, 2021281—19.2(256E) Establishment of charter schools. A charter school may be established by either of the following methods: a school board-state board model, pursuant to Iowa Code section 256E.4, or a founding group-state board model, pursuant to Iowa Code section 256E.5. The state board of education is the only authorizer of charter schools under this division.281—19.3(256E) Purpose of a charter school. A charter school established under this division must intend to accomplish one or more of the purposes set forth in Iowa Code section 256E.1(3).281—19.4(256E) Definitions. The definitions set forth in Iowa Code section 256E.2 apply to this division. In addition, “parent” includes a child’s biological or adoptive parent, as well as anyone authorized by state or federal law or court order, judgment, or decree to make educational decisions for the child.281—19.5(256E) General application provisions. The following general application provisions apply to both the school board-state board and founding group-state board charter establishment models. 19.5(1) Instructions. The instructions for completing an application includes or otherwise informs applicants of the content listed in Iowa Code sections 256E.4(3) and 256E.5(3). 19.5(2) Review. In reviewing and evaluating charter school applications, the state board employs procedures, practices, and criteria consistent with nationally recognized principles and standards for reviewing charter school applications. Each application review includes: a. A thorough evaluation of the written application. b. An in-person interview with the founding group. c. An opportunity in a public forum for local residents to learn about and provide input on each application. 19.5(3) State board actions following review. Following review of a charter school application and completion of the process under subrule 19.5(2), the state board does all of the following: a. Approves a charter school application only if the founding group has demonstrated competence in each element of the approval criteria and if the founding group is likely to open and operate a successful charter school. b. Makes application decisions on documented evidence collected through the application review process. c. Adheres to the policies and criteria that are transparent, are based on merit, and avoid conflicts of interest or any appearance thereof. 19.5(4) Application approval. The state board approves a charter school application if the application satisfies this division. a. The state board will approve or deny a charter school application no later than 75 calendar days after the application is received. b. If the state board denies an application, the state board will provide notice of denial to the founding group in writing within 30 days after the state board’s action, specifying the exact reasons for denial and provide documentation supporting those reasons. c. An approval decision may include, if appropriate, reasonable conditions that the founding group meet before a charter school contract may be executed pursuant to Iowa Code section 256E.6. d. An approved charter application does not serve as a charter school contract. e. A decision of the state board relating to an application under this rule is not appealable. f. An unsuccessful applicant under this rule may subsequently reapply to the state board. 19.5(5) Application deadlines and timelines. For school years on or after the school year beginning on July 1, 2023, applications submitted to the state board on or before November 1 of the preceding school year will be considered for approval for the establishment of the charter school for the next school year.281—19.6(256E) School board-state board model. Iowa Code section 256E.4 governs charter schools founded under this model. 19.6(1) School board-state board model application. An application submitted under this rule includes all of the items related to the proposed charter school that are set forth in Iowa Code section 256E.4(4). 19.6(2) Conversion of existing attendance center. If the founding group proposes to establish a charter school by converting an existing attendance center of the school district, Iowa Code section 256E.4(5) governs such proposal.281—19.7(256E) Founding group-state board model. Iowa Code section 256E.5 governs charter schools founded under this model. An application submitted under this rule includes all of the items related to the proposed charter school that are set forth in Iowa Code section 256E.5(4).281—19.8(256E) Charter school contract. Iowa Code section 256E.6 governs contracts with approved charter schools. A contract may be amended by the founding group and the state board after the founding group complies with subrule 19.5(2) with reference to the proposed amendment.281—19.9(256E) Performance framework. The performance provisions within each charter school’s contract are governed by Iowa Code section 256E.9. This framework includes the items in Iowa Code section 256E.9(1), including student academic growth and proficiency in English language arts on statewide outcome assessments, student academic growth and proficiency in mathematics on statewide outcome assessments, and conditions for learning data (as mandated by Iowa’s state plan under the Every Student Succeeds Act).281—19.10(256E) General operating powers and duties. In order to fulfill the charter school’s public purpose, a charter school established under this division is organized as a nonprofit education organization. It has the powers, duties, and exemptions specified in Iowa Code section 256E.7. For purposes of “applicable federal, state, and local health and safety requirements,” that term includes mandatory reporting of child abuse under Iowa Code section 232.69, investigation of abuse by school employees under 281—Chapter 102, and seclusion and restraint under 281—Chapter 103.281—19.11(256E) Funding. 19.11(1) General. Charter school funding is governed by Iowa Code section 256E.8. 19.11(2) Enrollment estimates. If necessary, and pursuant to paragraph 19.11(2)“a,” funding amounts determined under this rule for the first school year of a new charter school are to be based on enrollment estimates for the charter school included in the charter school contract. The process set out in paragraph 19.11(2)“b” is to be used for determining estimated enrollments for charter school funding purposes in school years after the first year of a charter school. Amounts paid using estimated enrollments are to be reconciled during subsequent payments based on actual enrollment of the charter school during each school year pursuant to paragraph 19.11(2)“c.” a. Enrollment estimates for the first school year are to be based on the number of enrolled students reported to the department through the student information system by August 5 of the school year. b. Enrollment estimates for school years following the first school year are to be based on the number of enrolled students reported to the department through the student information system by August 5 of the school year. c. Estimated payments will be reconciled, at minimum, based on actual enrollment information reported by the charter school pursuant to Iowa Code sections 256.9(44) and 257.6. 19.11(3) Federal funds. If a charter school is eligible for federal funds, those federal funds will be calculated and distributed based on relevant federal statute and regulation. 19.11(4) Notification to districts of residence. For purposes of this rule, each charter school notifies the district of residence of each child in a time and manner that allow the district of residence to include the child in the district’s certified enrollment and any other relevant enrollment data.281—19.12(256E) Oversight—corrective action—contract renewal—revocation. 19.12(1) General. The state board’s monitoring, oversight, remedial actions, and enforcement actions (up to and including revocation) are governed by Iowa Code section 256E.10. 19.12(2) Renewal guidance. The state board’s renewal application guidance will, at a minimum, include the criteria that will be used when assessing charter school contract renewal decisions and provide an opportunity for the charter school to: a. Present additional evidence beyond the data contained in the performance report. b. Describe improvements undertaken or planned for the charter school. c. Describe the charter school’s plans, including any proposed modifications, for the next charter school contract term. 19.12(3) Revocation or nonrenewal. a. A charter school contract may be revoked at any time or not renewed if the state board determines that the charter school did any of the following: (1) Committed a material violation of any of the terms, conditions, standards, or procedures under the charter school contract or this division. (2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter school contract. (3) Failed to meet generally accepted standards of fiscal management. (4) Violated a provision of law from which the charter school was not exempted. b. A decision to revoke or to not renew a charter school contract may only be by resolution of the state board and is to clearly state the reasons for the revocation or nonrenewal. 19.12(4) Contract revocation and nonrenewal standards and procedures. The state board will develop charter school contract revocation and nonrenewal standards and procedures that do all of the following: a. Provide the charter school with a timely notice of the possibility of revocation or nonrenewal and of the reasons therefor. b. Allow the charter school a reasonable period of time in which to prepare a response to any notice received. c. Provide the charter school an opportunity to submit documents and give testimony challenging the decision to revoke the charter school contract or the decision to not renew the contract. d. Allow the charter school the opportunity to hire legal representation and to call witnesses. e. Permit the audio or video recording of such proceedings described in paragraphs 19.12(4)“c” and “d.” f. Require a final decision to be conveyed in writing to the charter school.281—19.13(256E) Procedures for charter school closure—student enrollment. Charter school closures are governed by Iowa Code section 256E.11. Prior to any charter school closure decision, the state board develops a charter school closure protocol to ensure timely notice to parents and guardians, provide for the orderly transition of students and student records to new schools, and provide proper disposition of school funds, property, and assets in accordance with this division. The protocol specifies necessary actions and timelines and identifies responsible parties for each such action.281—19.14(256E) Reports. 19.14(1) Annual report. Each charter school prepares and files an annual report with the department, on or before October 1 and including data from the prior school year, pursuant to Iowa Code section 256E.12(1) that includes: a. The charter school’s mission statement, including a vision statement and goals, as well as data measuring goal attainment. b. Student demographics, disaggregated by grade level and protected characteristics. c. Attendance statistics and dropout rate (average daily attendance, dropout rate, student mobility). d. Graduation data, including four-year and five-year graduation rates, credit accrual, and number of students on track for graduation. e. Student achievement, including annual academic growth and proficiency, including Iowa statewide assessment of student progress (ISASP) data, other assessment data, and aggregate assessment test scores. f. Financial performance, including projections of financial stability. g. The number and qualifications of teachers and administrators. h. Sustainability data, including enrollment trends, staff satisfaction, and parent and student satisfaction. 19.14(2) Annual financial report. Each charter school submits a Certified Annual Report consistent with 281—Chapter 99. The annual financial report is due to the department by September 15. 19.14(3) Report to general assembly. The state board will prepare and file a report with the general assembly annually by December 1 as required by Iowa Code 256E.12(2).281—19.15(256E) Operation of existing charter schools. Charter schools established pursuant to Iowa Code chapter 256F continue to operate pursuant to that chapter and are not subject to the requirements of this division or Iowa Code chapter 256E. These rules are intended to implement Iowa Code chapter 256E.DIVISION II CHARTER SCHOOLS ESTABLISHED BEFORE JULY 1, 2021281—19.16(256F) Definitions. The definitions in Iowa Code section 256F.2 apply to this division. In addition, “advisory council” means a council appointed by the school board of a charter school. With respect to a charter school, no more than one member of the council may be a member of the school board; a district’s school improvement advisory committee may also serve as its advisory council. All advisory councils are subject to the provisions of Iowa Code chapters 21 and 22.“Family unit” means a household in which resides one or more students enrolled at the existing public school that is the subject of a charter school application.281—19.17(256F) Operating requirements. Charter schools are governed by Iowa Code sections 256F.4(2) through (8), 256F.6, and 256F.7.281—19.18(256F) Ongoing review by the department. The department periodically reviews each charter school to ensure continuing compliance with the charter school’s contract. The department may schedule mandatory meetings with the administrators of all charter schools at the department’s sole discretion. Iowa Code section 256F.10 governs necessary reports under this division.281—19.19(256F) Renewal of charter. The school board that established the charter school, in the absence of revoking the charter pursuant to rule 281—19.20(256F), takes affirmative action to renew a charter school contract after the initial four-year contract for a charter school and at the end of each renewal period. The school board shall hold a public hearing on the issue of renewal and submit to the department a copy of the minutes of the public hearing showing that a majority of the school board members voted in favor of renewal of the charter. Any action to renew a charter specifies the number of years, which may only be four years or less, for which the charter was renewed by the school board.A school board will submit a new application to the department if the board modifies any of the terms of the original charter.281—19.20(256F) Revocation or nonrenewal of charter. Iowa Code sections 256F.8 and 256F.9 govern revocation or nonrenewal of a charter under this division.281—19.21(256F) Transition—operation of existing charter schools. Charter schools established pursuant to this division and Iowa Code chapter 256F prior to July 1, 2021, may continue to operate pursuant to those terms and are not subject to Iowa Code chapter 256E or Division I of this chapter. No new charter or innovation zone school may be created under this division. These rules are intended to implement Iowa Code chapter 256F. ITEM 2. Rescind and reserve 281—Chapter 68.ARC 7087CEducation Department[281]Notice of Intended ActionProposing rulemaking related to educating homeless children and youth and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 33, “Educating Homeless Children and Youth,” Iowa Administrative Code, and to adopt a new Chapter 33 with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented This rulemaking implements, in whole or in part, the McKinney-Vento Homeless Assistance Act (42 U.S.C. §11431).Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department identified several instances where the rules duplicate language from the Iowa Code or the United States Code, including the definition of “homeless child or youth” and the responsibilities of the local homeless coordinator. In this proposed rulemaking, that language is removed and the rules are simplified.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 10 to 10:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Room 1070 Des Moines Roosevelt High School 4419 Center Street Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 33 and adopt the following new chapter in lieu thereof: CHAPTER 33EDUCATING HOMELESS CHILDREN AND YOUTH281—33.1(256) Definitions. "District of origin" means the public school district in Iowa in which a child was last enrolled or which a child last attended when permanently housed. "Guardian" means a person of majority age with whom a homeless child or youth of school age is living or a person of majority age who has accepted responsibility for the homeless child or youth, whether or not the person has legal guardianship over the child or youth. "Homeless child or youth" means a child or youth from the age of 3 years through 21 years who meets the definition in Iowa Code section 282.1(2)“a”(2). "Preschool child" means a child who is three, four, or five years of age before September 15. "School of origin" means the school that a child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool. When the child or youth completes the final grade level served by the school of origin, the term “school of origin” includes the designated receiving school at the next grade level for all feeder schools. "Unaccompanied homeless youth" means a homeless youth not in the physical custody of a parent or guardian.281—33.2(256) Responsibilities of school districts. A public school district (district) shall do all of the following: 33.2(1) The district will locate and identify homeless children or youth within the district, whether or not they are enrolled in school. 33.2(2) The district will post, at community shelters and other locations in the district where services or assistance is provided to the homeless, information regarding the educational rights of homeless children and youth and encouraging homeless children and youth to enroll in the public school. 33.2(3) The district will examine and revise, if necessary, existing school policies or rules that create barriers to the enrollment of homeless children or youth, consistent with these rules. Examination and revision include identifying and removing barriers that prevent such children and youth from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with state, local, and school policies. Examination and revision also include ensuring that homeless children and youth who meet the relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the state and local levels. School districts are encouraged to cooperate with agencies and organizations for the homeless to explore comprehensive, equivalent alternative educational programs and support services for homeless children and youth when necessary to implement the intent of these rules. 33.2(4) The district will enact a policy prohibiting the segregation of a homeless child or youth from other students enrolled in the public school district. 33.2(5) The district immediately will enroll a homeless child or youth, pending resolution of any dispute regarding in which school the child or youth should be enrolled. 33.2(6) The district will determine school placement based on the best interests of a homeless child or youth. The district, to the extent feasible, will keep a homeless child or youth in the school of origin, except when doing so is contrary to the wishes of the child’s or youth’s parent or guardian. If the child or youth becomes permanently housed during an academic year, enrollment continues in the school of origin for the remainder of that academic year unless the parent or guardian agrees otherwise. 33.2(7) The district will designate as the district’s local educational agency liaison for homeless children and youth an appropriate staff person who is able to and has been trained to carry out the duties specified in 42 U.S.C. Section 11432(g)(6) and coordinates and collaborates with state coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youth.281—33.3(256) School records; student transfers. 33.3(1) The school records of each homeless child or youth will be maintained so that the records are available in a timely fashion when a child or youth enters a new school district and in a manner consistent with federal statutes and regulations related to student records. 33.3(2) Upon notification that a homeless student intends to transfer out of the district, a school district will immediately provide copies of the student’s permanent and cumulative records, or other evidence of placement or special needs, to the homeless child or youth or the parent or guardian of a homeless child or youth who may take the copies with them. 33.3(3) Upon the enrollment of a homeless child or youth, a school district will accept copies of records, or other evidence of placement provided by the homeless child, youth, or the parent or guardian of the homeless child or youth, for purposes of immediate placement and delivery of education and support services. Thereafter, the receiving school will request copies of the official records from the sending school. The receiving school shall not dismiss or deny further education to the homeless child or youth solely on the basis that the prior school records are unavailable.281—33.4(256) Immunization. 33.4(1) Consistent with the provisions of Iowa Code section 139A.8 and rules of the department of health and human services, a public school shall not refuse to enroll or exclude a homeless child or youth for lack of immunization records if any of the following situations exist. The parent or guardian of a homeless child or youth or a homeless child or youth: a. Offers a statement signed by a doctor licensed by the state board of medical examiners specifying that in the doctor’s opinion the immunizations required would be injurious to the health and well-being of the child or youth or to any member of the child’s or youth’s family or household. b. Provides an affidavit stating that the immunization conflicts with the tenets and practices of a recognized religious denomination of which the homeless child or youth is a member or adherent, unless the state board of health has determined and the director of health has declared an emergency or epidemic exists. c. Offers a statement that the child or youth has begun the required immunizations and is continuing to receive the necessary immunizations as rapidly as is medically feasible. d. States that the child or youth is a transfer student from any other school, and that school confirms the presence of the immunization record. 33.4(2) The school district will make every effort to locate or verify the official immunization records of a homeless child or youth based upon information supplied by the child, youth, parent, or guardian. In circumstances where it is admitted that the homeless child or youth has not received some or all of the immunizations required by state law for enrollment and none of the exemptions listed above is applicable, the district will refer the child, youth, and parent or guardian to the local board of health for the purpose of immunization, and the school is to provisionally enroll the child or youth in accordance with paragraph 33.4(1)“c” or “d” above.281—33.5(256) Waiver of fees and charges encouraged. 33.5(1) If a child or youth is determined to be homeless as defined by these rules, and is not otherwise eligible for a waiver of fees under 281—Chapter 18, a school district is encouraged, subject to state law, to waive any fees or charges that would present a barrier to the enrollment or transfer of the child or youth, such as fees or charges for textbooks, supplies, or activities. 33.5(2) A homeless child or youth, or the parent or guardian of a homeless child or youth, who believes a school district has denied the child or youth entry to or continuance of an education in the district on the basis that mandatory fees cannot be paid may appeal to the department of education using the dispute resolution mechanism in rule 281—33.8(256).281—33.6(256) Waiver of enrollment requirements encouraged; placement. 33.6(1) If a homeless child or youth seeks to enroll or to remain enrolled in a public school district, the district is encouraged to waive any requirements, such as mandatory enrollment in a minimum number of courses, which would constitute barriers to the education of the homeless child or youth. 33.6(2) In the event that a school district is unable to determine the appropriate grade or placement for a homeless child or youth because of inadequate, nonexistent, or missing student records, the district will administer tests or utilize otherwise reasonable means to determine the appropriate grade level for the child or youth.281—33.7(256) Residency of homeless child or youth. 33.7(1) A child or youth, a preschool child if the school offers tuition-free preschool, or a preschool child with a disability who meets the definition of homeless in these rules is entitled to receive a free, appropriate public education and necessary support services in either of the following: a. The district in which the homeless child or youth is actually residing, or b. The district of origin.The deciding factor as to which district has the duty to enroll the homeless child or youth is the best interests of the child or youth. In determining the best interests of the child or youth, the district(s), to the extent feasible, will keep a homeless child or youth in the district of origin, except when doing so is contrary to the wishes of the parent or guardian of the child or youth. In the case of an unaccompanied homeless youth, the local educational agency liaison assists in the placement or enrollment decision, taking into consideration the views of the unaccompanied homeless youth. If the child or youth is placed or enrolled in a school other than within the district of origin or other than a school requested by the parent or guardian or unaccompanied homeless youth, the district will provide a written explanation, including notice of the right to appeal under rule 281—33.8(256), to the parent or guardian or unaccompanied homeless youth. 33.7(2) The choice regarding placement is made regardless of whether the child or youth is living with a homeless parent or has been temporarily placed elsewhere by the parent(s); or, if the child or youth is a runaway or otherwise without benefit of a parent or legal guardian, where the child or youth has elected to reside. 33.7(3) Insofar as possible, a school district will not require a homeless student to change attendance centers within a school district when a homeless student changes places of residence within the district. 33.7(4) If a homeless child or youth is otherwise eligible and has made proper application to utilize the provisions of Iowa Code section 282.18 (open enrollment), the child or youth will not be denied the opportunity for open enrollment on the basis of homelessness.281—33.8(256) Dispute resolution. 33.8(1) If a homeless child or youth is denied access to a free, appropriate public education in either the district of origin or the district in which the child or youth is actually living, or if the child’s or youth’s parent or guardian believes that the child’s or youth’s best interests have not been served by the decision of a school district, an appeal may be made to the department of education as follows: a. If the child is identified as a special education student under Iowa Code chapter 256B, the manner of appeal is by letter from the homeless child or youth, or the homeless child’s or youth’s parent or guardian, to the department of education as established in Iowa Code section 256B.6 and 281—Chapter 41 and governed by that chapter and the order of the presiding administrative law judge. b. If the child is not eligible for special education services, the manner of appeal is by letter from the homeless child or youth or the homeless child’s or youth’s parent or guardian to the director of the department of education or a designated administrative law judge. The provisions of 281—Chapter 6 apply insofar as possible; however, the hearing shall take place in the district where the homeless child or youth is located or at a location convenient to the appealing party. c. At any time a school district denies access to a homeless child or youth, the district will notify in writing the child or youth and the child’s or youth’s parent or guardian, if any, of the right to appeal and manner of appeal to the department of education for resolution of the dispute and shall document the notice given. The notice will contain the name, address, and telephone number of the legal services office in the area. 33.8(2) This chapter will be considered by the presiding officer or administrative law judge assigned to hear the case. 33.8(3) Mediation and settlement of the dispute prior to hearing are permitted and encouraged. 33.8(4) While dispute resolution is pending, the child or youth is enrolled immediately in the school of choice of the child’s parent or guardian or the school of choice of the unaccompanied homeless youth. The school of choice is to be an attendance center either within the district of residence or the district of origin of the child or youth.281—33.9(256) Transportation of homeless children and youth. 33.9(1) General. A child or youth, a preschool child if the school offers tuition-free preschool, or a preschool child with a disability who meets the definition of “homeless child or youth” in these rules shall not be denied access to a free, appropriate public education solely on the basis of transportation. The necessity for and feasibility of transportation are to be considered, however, in deciding which of two districts would be in the best interests of the homeless child or youth. The dispute resolution procedures in rule 281—33.8(256) apply to disputes arising over transportation issues. 33.9(2) Entitlement. Following the determination of the homeless child’s or youth’s appropriate school district under rule 281—33.7(256) or 281—33.9(256), transportation will be provided to the child or youth in the following manner: a. If the appropriate district is determined to be the district in which the child or youth is actually living, transportation for the homeless child or youth is to be provided on the same basis as for any resident child of the district, as established by Iowa Code section 285.1 or local board policy. b. If the appropriate district is determined to be a district other than the district in which the child or youth is actually living, the district in which the child or youth is actually living (sending district) and the district of origin will agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the receiving district. If these districts are unable to agree upon such method, the responsibility and costs for transportation will be shared equally.281—33.10(256) School services. 33.10(1) The school district designated for the homeless child’s or youth’s enrollment will make available to the child or youth all services and assistance, including the following services, on the same basis as those services and assistance are provided to resident pupils: a. Compensatory education; b. Special education; c. English as a second language; d. Career and technical education courses or programs; e. Programs for gifted and talented pupils; f. Health services; g. Preschool (including Head Start); h. Before- and after-school child care; i. Food and nutrition programs; j. School counseling services to advise homeless students and prepare and improve the readiness of such students for college. 33.10(2) A district must include homeless students in its academic assessment and accountability system under the federal Every Student Succeeds Act, P.L. 114-95, and report disaggregated data regarding the academic achievement and graduation rates for homeless children, as set forth in that Act. These rules are intended to implement the provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. §11431, et seq.), as reauthorized December 10, 2015, by Title IX, Part A, of the Every Student Succeeds Act.ARC 7093CEducation Department[281]Notice of Intended ActionProposing rulemaking related to veterans’ education and training and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 51, “Approval of On-the-Job Training Establishments Under the Montgomery G.I. Bill,” to adopt a new Chapter 51, “Veterans’ Education and Training,” and to rescind Chapter 52, “Approval of Educational Institutions for the Education and Training of Eligible Veterans Under the Montgomery G.I. Bill,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented This rulemaking implements, in whole or in part, 38 CFR Part 21.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department determined that all of the rules in Chapters 51 and 52 restate federal regulatory requirements. Some rules, such as approval of high schools, are obsolete. Those duplicative and obsolete rules are proposed to be removed, and the two chapters are proposed to be consolidated.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 10 to 10:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Room 1070 Des Moines Roosevelt High School 4419 Center Street Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 51 and adopt the following new chapter in lieu thereof: CHAPTER 51TITLE XVETERANS’ TRAININGVETERANS’ EDUCATION AND TRAININGPrior to 9/7/88, see Public Instruction Department[671] Chs 24 and 25Prior to [publication of the AF], see Education Department[281] Chs 51 and 52281—51.1(256) Apprenticeships and on-the-job training programs for veterans. For approval of apprenticeships and on-the-job training programs, the following provisions of the Code of Federal Regulations, as of October 4, 2023, are incorporated by reference: 38 CFR Sections 21.4001 through 21.4009, 21.4150 through 21.4155, 21.4200 through 21.4206, 21.4209 through 21.4216, 21.4234, 21.4261, and 21.4262.281—51.2(256) Educational institutions. For approval of educational institutions, the following provisions of the Code of Federal Regulations, as of October 4, 2023, are incorporated by reference: 38 CFR Sections 21.4001 through 21.4009, 21.4150 through 21.4155, 21.4200 through 21.4206, 21.4209 through 21.4216, 21.4232 through 21.4236, 21.4250 through 21.4259, and 21.4263 through 21.4268. These rules are intended to implement 38 CFR Part 21. ITEM 2. Rescind and reserve 281—Chapter 52.ARC 7094CEducation Department[281]Notice of Intended ActionProposing rulemaking related to school breakfast and lunch program and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 58, “School Breakfast and Lunch Program; Nutritional Content Standards for Other Foods and Beverages,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 256.7(5).State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapter 283A.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department determined there are several portions of the current chapter that restate federal regulatory language. The nutritional content standards chart (current rule 281—58.11(256)) is obsolete based on changes in federal law. The Department proposes removing that language.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 10 to 10:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Room 1070 Des Moines Roosevelt High School 4419 Center Street Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 58 and adopt the following new chapter in lieu thereof: CHAPTER 58TITLE XIIPROGRAMS ADMINISTRATIONSCHOOL BREAKFAST AND LUNCH PROGRAM; NUTRITIONAL CONTENT STANDARDS FOR OTHER FOODS AND BEVERAGES[Prior to 9/7/88, see Public Instruction Department[670] Ch 10]281—58.1(256,283A) School breakfast and lunch program. The following regulations from the United States Department of Education’s Food and Nutrition Service governing the National School Lunch and School Breakfast programs and effective as of [the effective date of these rules] are incorporated by reference: 7 CFR Parts 210, 215, 220, 225, 226, 227, 235, 240, 245, and 250, as well as related procurement regulations at 2 CFR Sections 200.317 through 200.326.281—58.2(256) Nutritional content standards for other foods and beverages. The following regulation is incorporated by reference: 7 CFR Section 210.11. These rules are intended to implement Iowa Code chapter 283A and sections 256.7(29) and 256.9(51).ARC 7081CEducation Department[281]Notice of Intended ActionProposing rulemaking related to gifted and talented programs and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 59, “Gifted and Talented Programs,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 257.42(4).State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code sections 257.42 through 257.49.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department proposes eliminating several instances where statutory text was reproduced verbatim, reducing a large number of restrictive terms, and resequencing and consolidating certain subrules to improve readability. The Department proposes removing certain language from the staff qualifications subrule (the reference to what a program teacher-coordinator is entitled to do) because that matter is within the jurisdiction of the Board of Educational Examiners.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9:30 to 10 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Room 1070 Des Moines Roosevelt High School 4419 Center Street Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 59 and adopt the following new chapter in lieu thereof: CHAPTER 59GIFTED AND TALENTED PROGRAMS[Prior to 9/7/88, see Public Instruction Department[670] Ch 56][Former Ch 59 Rescinded IAB 9/7/88]281—59.1(257) General principles. Gifted and talented programs shall be provided by a school district and may be made available to eligible students as a cooperative effort between school districts or through cooperative arrangements between school districts and other educational agencies. It is the responsibility of school districts to ensure that the programs comply with state statute and this chapter.281—59.2(257) Definitions. For the purposes of this chapter, the following definitions apply. "Department" means the department of education. "Gifted and talented students" means the same as “gifted and talented children” as defined in Iowa Code section 257.44. For purposes of that section, the following definitions apply. 1. “Creative thinking” refers to students who have advanced insight, outstanding imagination and innovative reasoning ability. Such students possess outstanding ability to integrate seemingly unrelated information in formulating unique ideas, insights, solutions, or products. 2. “General intellectual ability” refers to students who can learn at a faster pace, master higher levels of content and handle abstract concepts at a significantly higher level than expected, given the student’s chronological age and experiences. 3. “Leadership ability” refers to those students who possess outstanding potential or demonstrated ability to exercise influence on decision making. These students may be consistently recognized by their peers, may demonstrate leadership behavior through school and nonschool activities or may evidence personal skills and abilities that are characteristic of effective leaders. 4. “Specific ability aptitude” refers to those students who have exceptionally high achievement or potential and a high degree of interest in a specific field of study. 5. “Visual or performing arts ability” refers to students who demonstrate or indicate potential for outstanding aesthetic production or creativity in areas such as art, dance, music, drama, and media production. "Program budget" is a budget consisting of a listing of the estimated direct program expenditures, by function and object, that are necessary to accomplish the goals of the program in meeting the needs of identified students, along with a listing of the sources of revenue and, if necessary, the amounts of fund balance to be applied.281—59.3(257) Program plan. The program plan submitted by school districts will include the elements set forth in Iowa Code section 257.43.281—59.4(257) Responsibilities of school districts. A school district’s program under this chapter shall meet the following criteria. 59.4(1) Development of goals and objectives. A school district will establish goals and objectives for the following: a. Curriculum and instructional strategies. b. Student outcomes. c. Program management and administration. d. Program development. 59.4(2) Development of curriculum and instructional strategies. The program of instruction will consist of content and teaching strategies that reflect the accelerative pace, intellectual processes and creative abilities that characterize gifted and talented students. A linkage among the selection of students, the anticipated student outcomes and the special instructional programs will be evident. Learning activities will provide for the development of skills that are beyond the scope of the regular classroom, introduce advanced concepts and contents, and offer students a greater latitude of inquiry than would be possible without the specialized instructional program. Specialized instructional activities are those not ordinarily found in the regular school program and may include the following: a. A special curriculum supplementing the regular curriculum, using a high level of cognitive and affective concepts and processes. b. Flexible instructional arrangements, such as special classes, seminars, resource rooms, independent study, student internships, mentorships, research field trips, and research centers. 59.4(3) Student enrollment. Students will be involved in a gifted and talented program for a sufficient portion of the regularly scheduled school time to ensure that projected student outcomes are likely to be achieved. 59.4(4) Personalized education plan. Best practice dictates that the services provided for each student placed in a gifted and talented program be contained in a written, personalized gifted and talented plan. Personalized education plans should be in writing and reviewed at periodic intervals in accordance with the changing needs of the student. The following items are suggested for inclusion in a student’s personalized education plan, but this is neither a mandatory nor an exhaustive list: a. Relevant background data, assessment of present needs and projections for future needs. Relevant information may include the student’s leadership ability, interest inventories, learning characteristics, and learning goals. b. The nature and extent of the gifted and talented services provided to the student, including indirect services, such as consultative services or other supportive assistance provided to a regular classroom teacher. Other services may include modifications to curriculum and acceleration of the student’s curriculum. c. Personnel responsible for the services provided to the student, as well as those responsible for monitoring and evaluating the student’s progress. 59.4(5) Student identification criteria and procedures. Students will be placed in a gifted and talented program in accordance with systematic and uniform identification procedures that encompass all grade levels and that are characterized by the following: a. Identification will be for the purpose of determining the appropriateness of placement in a gifted and talented program, rather than for categorically labeling a student. b. The decision to provide a student with a gifted and talented program will be based on a comprehensive appraisal of the student, consideration of the nature of the available gifted and talented program and an assessment of actual and potential opportunities within the student’s regular school program. c. Multiple criteria will be used in identifying a student, with no single criteria eliminating a student from participation. Criteria will combine subjective and objective data, including data with direct relevance to program goals, objectives and activities. d. In the event that the number of eligible students exceeds the available openings, participants will be selected according to the extent to which they can benefit from the program. e. Each identified student’s progress will be reviewed at least annually to consider modifications in program or student placement. 59.4(6) Evaluation. The school district will give attention to the following in its evaluation design: a. Evaluation of gifted and talented programs will be for the purpose of measuring program effects and providing information for program improvement. b. Evaluation should be conducted for each program level where objectives have been established. c. Both cognitive and affective components of student development should be evaluated. d. Evaluation findings should report results based on actual accomplishments by the gifted and talented students or their teachers, which are a direct result of the project, program, or activity. 59.4(7) Staff utilization plan. Staff will be deployed to ensure quality gifted and talented programs by employing the following procedures: a. A designated staff person will be responsible for the overall program coordination throughout the school district. b. The teaching staff of the gifted and talented program should work with the regular classroom teachers to assess, plan, carry out instruction, and evaluate outcomes. c. Coordination time will be made available to staff providing gifted and talented programs to allow staff to perform professional responsibilities. 59.4(8) Staff professional development. Periodic professional development will be offered for all classroom teachers to maintain and update understandings and skills about individualizing programs for identified gifted and talented students. A staff development plan for personnel responsible for gifted and talented programs will be provided and will be based upon the assessed needs of the gifted and talented instructional and supervisory personnel. 59.4(9) Qualifications of personnel. Instructional personnel providing programs for gifted and talented students should have preservice or in-service preparation in gifted and talented education that is commensurate with the extent of their involvement in the gifted and talented program. The gifted and talented program teacher-coordinator will hold an endorsement allowing the holder to serve as a teacher or a coordinator of programs for gifted and talented students from the prekindergarten level through grade 12. 59.4(10) Fiscal and accountability principles. a. When programs are jointly provided by two or more school districts or by a school district in cooperation with another educational agency, the budget will specify how each cooperating school district or agency will determine the portion of the program costs to be provided by each school district or agency and will provide a budget that specifies the contribution of each school district or agency. b. Gifted and talented categorical funding will be used only for expenditures directly related to providing the gifted and talented program described in the program plan. Appropriate expenditures, inappropriate expenditures, and financial management provisions are set forth in 281—Chapter 98. c. School districts will include and identify the detail of financial transactions related to gifted and talented resources, expenditures, and carryforward balances on their certified annual report, using the account coding appropriate to the gifted and talented program as defined by Uniform Financing Accounting for Iowa School Districts and area education agencies. Each school district will certify its certified annual report following the close of the fiscal year but no later than September 15.281—59.5(257) Responsibilities of area education agencies. 59.5(1) When a written request is received from one or more local school boards, an area education agency will establish and operate a gifted and talented children advisory council under Iowa Code sections 257.48 and 257.49. 59.5(2) Staff of the area education agency will cooperate with school districts in the identification and placement of gifted and talented students. Cooperation may include: a. Assisting local school district personnel in the interpretation of available student data. b. Assistance in the development of the identification plan. c. Providing for psychological testing in individual cases when available data contains significant inconsistencies or in other circumstances when additional data may be necessary for determining the appropriateness of the student placement.281—59.6(257) Responsibilities of the department. The department will review documentation submitted by school districts and area education agencies regarding the school districts’ and area education agencies’ gifted and talented programs and financial transactions. The department may request that the staff of the auditor of state conduct an independent program audit to verify that the gifted and talented programs conform to a school district’s program plans. The department will provide technical assistance to school districts and to area education agencies in the development of gifted and talented programs. These rules are intended to implement Iowa Code sections 257.42 through 257.49.ARC 7086CEducation Department[281]Notice of Intended ActionProposing rulemaking related to programs for students who are English learners and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 60, “Programs for Students Who Are English Learners,” Iowa Administrative Code, and to adopt a new Chapter 60 with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 280.4.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 280.4.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department proposes an overall reduced regulatory footprint by eliminating obsolete language, eliminating unnecessarily restrictive language, updating other language, and providing clearer guidance for nonpublic schools that serve English learners. Iowa Code section 280.4 requires nonpublic schools to serve English learners; however, current Chapter 60 purports to require nonpublic schools to serve English learners only if those services can be provided by public school districts. This proposed chapter would require nonpublic schools to serve all English learners; however, the standard is to make minor adjustments. This requirement and standard are consistent with other laws under which nonpublic schools are expected to provide services (e.g., Section 504 of the Rehabilitation Act of 1973).Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 9:30 to 10 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Room 1070 Des Moines Roosevelt High School 4419 Center Street Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 60 and adopt the following new chapter in lieu thereof: CHAPTER 60PROGRAMS FOR STUDENTS WHO ARE ENGLISH LEARNERS[Prior to 9/7/88, see Public Instruction Department[670] Ch 57] 281—60.1(280) Definitions. As used in these rules, the following definitions apply: "Bilingual instruction" refers to a program of instruction in English and the native language of the student designed to enable students to become proficient in English and in academic content areas at an age- and grade-appropriate level. "Educational and instructional model" means an instructional model, strategy, method, or skill that provides a framework of instructional approaches to guide decision making about teaching and learning. Based on the needs of particular students, “educational and instructional model” may include a specific set of instructional services or a fully developed curriculum or other supplementary services. "English as a second language" refers to a structured language acquisition program designed to teach English to students whose native language is other than English, until the student demonstrates a functional ability to speak, read, write, and listen to English language at the age- and grade-appropriate level. "English learner" means the same as defined in Iowa Code section 280.4(1)“b.” "Fully English proficient" means the same as defined in Iowa Code section 280.4(1)“b.” "Intensive student" means the same as defined in Iowa Code section 280.4(1)“b.” "Intermediate student" means the same as defined in Iowa Code section 280.4(1)“b.” "Research-based" means based on a body of research showing that the educational and instructional model, or other educational practice, has a high likelihood of improving teaching and learning. To determine whether research meets this standard for purposes of this chapter, research reports are reviewed for the following:- The specific population studied;
- Research that involves the application of rigorous, systematic, and objective procedures to obtain reliable results and provide a basis for valid inferences relevant to education activities and programs;
- Whether the research employs systematic, empirical methods that draw on observation or experiment;
- Reliance on measurement or observational methods that provide reliable and valid data;
- Inclusion of rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions or inferences drawn;
- Description of the magnitude of the impact on student learning results; and
- Inclusion of the level of the review of the study.
Proposing rulemaking related to programs for at-risk early elementary students and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 65, “Programs for At-Risk Early Elementary Students,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 279.51.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 279.51.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department determined that the current midyear report does not add value and the current rules contain unnecessarily restrictive language. The Department proposes removing that language.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.govPublic Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 10 to 10:30 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5 to 5:30 p.m. Room 1070 Des Moines Roosevelt High School 4419 Center Street Des Moines, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 65 and adopt the following new chapter in lieu thereof: CHAPTER 65PROGRAMS FOR AT-RISK EARLY ELEMENTARY STUDENTS281—65.1(279) Definitions. "At-risk student" means, for purposes of this chapter, a student in early elementary grades who is eligible for free or reduced price meals. "Awardee" means a public school district designated to receive the at-risk early elementary school award funds for buildings serving early elementary grades with a high percentage of at-risk students. "Department" means the department of education. "Early elementary grades" means kindergarten through grade three.281—65.2(279) Eligibility identification procedures. In a year in which funds are made available by the Iowa legislature, the department will grant awards to districts for buildings serving early elementary grades with a high percentage of at-risk students. Using a formula determined by the department and consistent with Iowa Code section 279.51(1)“c,” the department will distribute awards based on the number of early elementary students in the identified buildings serving a high percentage of at-risk students.281—65.3(279) Award acceptance process. The department will notify eligible districts of the opportunity to be granted an award for a three-year cycle. A district will make formal acceptance using forms issued and procedures established by the department, and by an official with vested authority to approve the acceptance.281—65.4(279) Awardee responsibilities. Each year, the awardee will complete reports on forms provided by the department, including the following: 1. An initial report, including a proposed budget and expected outcomes. 2. An end-of-the-year report, including total expenditures and a statement of impact on expected outcomes.281—65.5(279) Allowable expenditures. School districts will provide, at a minimum, the activities set forth in Iowa Code section 279.51(1)“c.” Additional allowable expenditures include salaries and benefits for teachers and paraeducators, and activities and materials to improve academic achievement. These funds are to be used for instruction, activities, and materials that are in addition to the regular school curricula for children participating in these programs, and only to be used in the building for which the award is made. Inappropriate uses of award funding include indirect costs or use charges, operational or maintenance costs, capital expenditures, student transportation other than that which is directly related to the activities and materials described in this rule, or administrative costs. Moneys received are subject to the general provisions described in 281—Chapter 98.281—65.6(279) Evaluation. The awardee will cooperate with the department and provide requested information to determine how well the outcomes in rule 281—65.4(279) are being met. Statewide leadership teams will review final reports and provide useful feedback about buildings to awardees. This feedback will include information about innovative components to building programs. Buildings demonstrating innovation will be given preference the following grant cycle.281—65.7(279) Budget revisions. The department may grant approval to an awardee for any revisions in the proposed budget in excess of 10 percent of a line item, provided the revisions do not increase the total amount of the award.281—65.8(279) Termination. 65.8(1) Termination for convenience. The award may be terminated, in whole or in part, upon agreement of both parties, concerning the termination conditions, the effective date, and in the case of partial termination, the portion to be terminated. The awardee shall cancel as many outstanding obligations as possible and not incur new obligations for the terminated portion after the effective date of termination. 65.8(2) Termination for cause. a. The award may be terminated, in whole or in part, at any time before the date of completion, whenever the department determines that the awardee has failed to comply substantially with the conditions of the award. The awardee will be notified in writing by the department of the reasons for the termination and the effective date. The awardee shall cancel as many outstanding obligations as possible and not incur new obligations for the terminated portion after the effective date of termination. b. The department will administer the at-risk early elementary school awards contingent upon the availability of state funds. If there is a lack of funds necessary to fulfill the fiscal responsibility of the awards, the awards are to be terminated or renegotiated. The department may terminate or renegotiate an award upon 30 days’ notice when there is a reduction of funds by executive order. 65.8(3) Responsibility of awardee at termination. Within 45 days of the effective date of award termination, the awardee will supply the department with a financial statement detailing all program expenditures up to the effective date of the termination. The awardee will be solely responsible for all expenditures after the effective date of termination.281—65.9(279) Appeals from terminations. Any awardee aggrieved by a unilateral termination of an award may appeal the decision to the director of the department in writing within 30 days of the decision to terminate. 65.9(1) Form of appeal. In the notice of appeal, the awardee will give a short and plain statement of the reason for the appeal. 65.9(2) Appeal procedures. The hearing procedures found at 281—Chapter 6 will apply to appeals of terminated awards. The director will issue a decision within a reasonable time, not to exceed 120 days from the date of hearing. 65.9(3) Grounds for reversal. Termination of an award under this chapter may be reversed only if the awardee proves the process was conducted outside of statutory authority; violated state or federal law, policy, or rule; did not provide adequate public notice; was altered without adequate public notice; or involved conflict of interest by staff or committee members. 65.9(4) Mandatory denial of appeal. In lieu of a decision on the merits of an appeal, the director of the department will deny an appeal if the director finds any of the following: a. The appeal is untimely; b. The appellant lacks standing to appeal; c. The appeal is not in the necessary form or is based upon frivolous grounds; d. The appeal is moot because the issues raised in the notice of appeal or at the hearing have been settled by the parties; or e. The termination of the award was beyond the control of the department due to lack of available funds. These rules are intended to implement Iowa Code section 279.51.ARC 7096CEducation Department[281]Notice of Intended ActionProposing rulemaking related to standards for school administration manager (SAM) programs and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 82, “Standards for School Administration Manager Programs,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code sections 256.7(5) and 256.7(30)“b.”State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 256.7(30)“b.”Purpose and Summary As part of the Department’s review of rules under Executive Order 10, the Department proposes eliminating several instances where statutory text was reproduced verbatim, eliminating obsolete language, and providing flexibility on how SAM preparation programs may meet program approval standards.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.govPublic Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 10:30 to 11 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5:30 to 6 p.m. Jim Hester Board Room, Second Floor Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 82 and adopt the following new chapter in lieu thereof: CHAPTER 82STANDARDS FOR SCHOOL ADMINISTRATION MANAGER PROGRAMS281—82.1(272) Definitions. "Coach" means a person who provides regularly scheduled coaching visits to SAM/administrator teams. "Department" means the department of education. "Director" means the director of the department of education. "Organization" means a professional organization offering an approved training program and support for SAMs. "SAM" "school administration manager" means a person or persons who are authorized to assist a school administrator in performing noninstructional administrative duties. "School administration manager program" means a program of SAM training and preparation that leads to authorization to practice as a school administration manager. "State board" means the Iowa state board of education. "Trainer" means a person with responsibility for providing approved training for school administration managers.281—82.2(272) Organizations eligible to provide a school administration manager training program. Approved professional organizations engaged in the preparation and training of SAMs that meet the standards contained in this chapter may obtain and maintain state board approval of the organizations’ training programs for SAMs. Only approved programs may recommend candidates for SAM authorization.281—82.3(272) Approval of training programs. The state board’s approval of an organization’s training program is based on the recommendation of the director after study of the evidence about the program in terms of the standards contained in this chapter. The department will seek maximum flexibility in the design of systems allowed to meet the goals of this program. 82.3(1) Approval, if granted, will be for a term of seven years; however, approval for a lesser term may be granted by the state board if it determines conditions so warrant. 82.3(2) If approval is not granted, the applicant organization will be advised concerning the areas in which improvement or changes appear to be essential for approval. In this case, the organization will be given the opportunity to present factual information concerning its program at a regularly scheduled meeting of the state board, no later than three months following the board’s decision. 82.3(3) Programs may be granted conditional approval upon review of appropriate documentation. In such an instance, the program will receive a full review after one year or, in the case of a new program, at the point at which candidates demonstrate mastery of standards for authorization. 82.3(4) The standards herein apply regardless of delivery mode of the training. 82.3(5) All programs in existence prior to July 31, 2013, are deemed to meet program standards without having to submit an application for review.281—82.4(272) Governance and resources standard. To be an approvable organization, an organization’s governance structure and resources adequately support the training of SAMs to meet professional, state, and organizational standards in accordance with the following provisions: 82.4(1) The organization provides sufficient trainers, coaches, and administrative, clerical, and technical staff to plan and deliver a quality SAM program. 82.4(2) Resources are available to support professional development opportunities for trainers of SAMs. 82.4(3) Resources are available to support technological and instructional needs to enhance trainer and authorized SAM learning.281—82.5(272) Trainer and coach standard. An approved organization’s trainer and coach qualifications and performance facilitate the professional development of SAMs.281—82.6(272) Assessment system and organization evaluation standard. An organization’s assessment system monitors individual candidate performance and uses the performance data in concert with other information to evaluate and improve the organization and its program. The actual annual evaluation of each SAM is performed by the administrator or the administrator’s designee, and the evaluation is conducted in accordance with the standards set forth in rule 281—82.7(272). The organization will annually report data to the department, as determined by the department. The department will periodically conduct a survey of schools or facilities that employ authorized SAMs to ensure that the schools’ and facilities’ needs are adequately met by the programs and the approval process herein.281—82.7(272) School administration manager knowledge and skills standards and criteria. SAMs will demonstrate the content knowledge and professional knowledge and skills in accordance with the following standards and supporting criteria. 82.7(1) Standard 1. Each SAM will demonstrate an understanding of the instructional and management codes and how to best support the SAM’s administrator in instructional leadership. If a SAM is also employed as a secretary or administrative assistant, the SAM’s job responsibilities will be modified as established by the school district. 82.7(2) Standard 2. Each SAM will attend an approved training program at the onset of the SAM’s hire. The training for the SAM and administrator will include the following: a. Background information on SAMs. b. Understanding of the instructional and management descriptors. c. Introduction and practice using approved time-tracking software. d. First responders and delegation responsibilities. e. Job responsibilities and variations. f. Daily meeting protocols. g. Training of office staff on communication with others. h. Use of reflective questions. i. Understanding of conflict resolution skills. j. Action planning for building implementation and timelines. k. SAM/administrator rubric process. 82.7(3) Standard 3. Each SAM will demonstrate competence in technology appropriate to the SAM’s position. 82.7(4) Standard 4. Each SAM will demonstrate appropriate personal skills. The SAM: a. Is an effective communicator with all stakeholders, including but not limited to colleagues, community members, parents, and students. b. Works effectively with employees, students, and other stakeholders. c. Maintains confidentiality when dealing with student, parent, and staff issues. d. Clearly understands the administrator’s philosophy of behavior expectations and consequences. e. Maintains an environment of mutual respect, rapport, and fairness. f. Participates in and contributes to a school culture that focuses on change in teacher practices and improved student learning by supporting the administrator in the administrator’s instructional leadership role. 82.7(5) Standard 5. Each SAM will fulfill professional responsibilities as established by the SAM’s school district. 82.7(6) Standard 6. Each SAM will engage in professional growth that continuously improves the SAM’s skills of professional inquiry and learning.281—82.8(272) Monitoring and continued approval. Upon request by the department, programs will make periodic reports, which include basic information necessary to maintain up-to-date data of the SAM program and to carry out research studies relating to SAMs. Every seven years or sooner if deemed necessary by the director, an organization will file a written self-evaluation of its SAM program. Any action for continued approval or denial of approval will be approved by the state board.281—82.9(272) Approval of program changes and flexibility of programs. Upon application by an organization, the director may approve minor additions to or changes within the organization’s approved SAM program. When an organization proposes a revision that exceeds the primary scope of the organization’s program, the revision becomes operative only after approval by the state board. Districts may have a variety of programs and job descriptions that meet the standards of a SAM system but must receive permission to make changes to those programs in the manner prescribed. The department will seek maximum flexibility in systems allowed to meet the goals of this program. Essential components of any approved SAM program include readiness, data collection of administrator time, ongoing training of the program administrator, use of time-tracking software and ongoing coaching for participants in the program. These rules are intended to implement Iowa Code section 256.7(30)“b.” ARC 7097CEducation Department[281]Notice of Intended ActionProposing rulemaking related to financial incentives for national board certification and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 84, “Financial Incentives for National Board Certification,” Iowa Administrative Code, and adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 256.44.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 256.44.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department determined that the current subrule 84.3(4) is obsolete because the issue is adequately addressed through the application process, and that the current chapter contains unnecessarily repetitive and restrictive language. The Department proposes removing this language.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 10:30 to 11 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5:30 to 6 p.m. Second Floor, Jim Hester Board Room Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 84 and adopt the following new chapter in lieu thereof: CHAPTER 84FINANCIAL INCENTIVES FOR NATIONAL BOARD CERTIFICATION281—84.1(256) Definitions. For the purpose of these rules, the following definitions apply: "A person who receives a salary as a classroom teacher" means a teacher employed by a school district in Iowa who receives any salary compensation from the school district for providing classroom instruction to students in the district. "Department" means the Iowa department of education. "Director" means the director of the Iowa department of education. "Employed by a school district in Iowa" means a teacher employed in a nonadministrative position in an Iowa school district pursuant to a contract issued by a board of directors of a school district under Iowa Code section 279.13 and any full-time permanent substitute teacher who is employed under individual contracts not included under Iowa Code section 279.13 but who is receiving retirement and health benefits as part of the substitute teacher’s contract. "National Board Certification" "NBC" is a nationwide certification program administered by the National Board for Professional Teaching Standards. "National Board for Professional Teaching Standards" "NBPTS" is a private nonprofit organization whose goal is to develop professional standards for early childhood, elementary and secondary school teaching. NBPTS administers the NBC program. "School district" means a public school district under Iowa Code chapter 274. "Teacher" means an Iowa-licensed teacher as defined in Iowa Code section 272.1.281—84.2(256) Registration fee reimbursement program. The department will administer a registration fee reimbursement program in each year for which the legislature appropriates funds. 84.2(1) Eligibility. Teachers seeking reimbursement under this rule will apply to the department within one year of registration with NBPTS and meet all of the following qualifications: a. The individual has all qualifications required by NBPTS for application for certification. b. The individual is a teacher employed by a school district in Iowa and receives a salary as a classroom teacher. c. The individual completes the department’s application process, which includes verifying NBC registration. d. The individual has not received reimbursement from this program at any previous time. 84.2(2) Reimbursement. Teachers determined eligible will receive reimbursement in the following manner: a. Initial registration fee reimbursement.Each eligible teacher will receive an initial reimbursement of one-half of the reimbursement fee charged by NBPTS or, if necessary, a prorated amount upon submission to the department of the NBC registration confirmation form provided to each teacher by NBPTS. b. Final registration fee reimbursement.The final registration fee reimbursement of one-half of the reimbursement fee charged by NBPTS will be awarded when the eligible teacher notifies the department of the teacher’s certification achievement and submits verification of certification. If an eligible teacher fails to receive certification, the teacher can receive the remaining reimbursement if the teacher achieves certification within three years of the initial NBC score notification. c. Amount of reimbursement.If funds are appropriated by the legislature, each eligible teacher who applies under this rule will receive the registration fee reimbursement. If in any fiscal year the number of eligible teachers who apply for the reimbursement exceeds the funds available, the department will prorate the amount of the registration fee reimbursement among all eligible teachers.281—84.3(256) NBC annual award. If funds are appropriated by the legislature, each eligible NBC teacher will qualify for an NBC annual award. If in any fiscal year the funds appropriated are insufficient to pay the maximum amount of the annual awards to each eligible teacher or the number of teachers eligible to receive annual awards exceeds 1,100 individuals, the department will prorate funds among all eligible teachers. An eligible teacher who receives NBC certification after May 1, 2000, will receive an annual award of up to $2,500 per year or a prorated amount for a maximum period of ten years. An otherwise-eligible teacher who possesses a teaching contract that is less than full-time will receive an award prorated to reflect the type of contract (half-time, quarter-time, etc.). 84.3(1) Eligibility. In addition to having registered with NBPTS and achieving certification within NBPTS-established timelines and policies, individuals eligible for the NBC annual award will meet all of the following qualifications: a. The individual is a teacher who has attained NBC certification. b. The individual is employed by a school district in Iowa and receives a salary as a classroom teacher. c. The individual completes the department’s annual application process, in a manner prescribed by the department. d. The individual has received no more than ten annual awards, including the annual award currently sought. e. The individual is applying for the award within one year of being eligible for the award. 84.3(2) Application. To receive an award under this rule, an NBC teacher will submit an application verifying eligibility for an NBC award to the department by May 1. The department will issue NBC awards to eligible NBC teachers no later than June 1.281—84.4(256) Appeal of denial of a registration fee reimbursement award or an NBC annual award. Any applicant may appeal the denial of a registration fee reimbursement award or an NBC annual award to the director of the department. Appeals will be in writing, signed, and notarized; will contain a short and plain statement of the reasons for appeal; will be based on a contention that the process was conducted outside statutory authority or violated state or federal law, regulation or rule; and will be received within ten working days of the date of the notice of denial. The hearing and appeal procedures found in 281—Chapter 6 that govern the director’s decisions will apply to proceedings under this rule. The director’s decision is due within a reasonable time, not to exceed 30 days from the date of the hearing. These rules are intended to implement Iowa Code section 256.44.ARC 7098CEducation Department[281]Notice of Intended ActionProposing rulemaking related to equal employment opportunity and affirmative action and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 95, “Equal Employment Opportunity and Affirmative Action in Educational Agencies,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 19B.11.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 19B.11.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department identified rules that recite statutory text, contain unnecessary restrictive terms, are obsolete, or are aspirational in nature. One of the subrules raises constitutional concerns, as noted below. The Department proposes removing this language. Current paragraph 95.5(9)“h,” which provides, in part, that race or ethnic origin may be considered when “selecting applicants for interview, employment and promotion,” raises constitutional concerns and concerns under Title VI. For that reason, this provision will not be readopted. If an employer wishes to consider race or national origin when making employment decisions, the employer is advised to consult with counsel.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 10:30 to 11 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5:30 to 6 p.m. Second Floor, Jim Hester Board Room Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 95 and adopt the following new chapter in lieu thereof: CHAPTER 95EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION IN EDUCATIONAL AGENCIES281—95.1(19B) Definitions. The following definitions will be applied to the rules in this chapter: "Affirmative action" means action appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity. "Agency" means a local school district, an area education agency or a community college. "Availability" means the extent to which members of a racial/ethnic group, women, men or persons with disabilities are present within the relevant labor market. "Department" means the Iowa department of education. "Director of education" means the director of the Iowa department of education. "Equal employment opportunity" means equal access to employment, training and advancement, or employment benefits regardless of race, creed, color, religion, sex, age, national origin and disability. "Metropolitan statistical area" means a large population nucleus (over 50,000 persons) and nearby communities which have a high degree of economic and social integration with that nucleus. Each area consists of one or more entire counties. "Person with a disability" means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment or is regarded as having such an impairment, as defined in Iowa Code section 216.2. "Racial/ethnic minority person" means any person who is African American, Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native. "Relevant labor market" means the geographic area in which an agency can reasonably be expected to recruit for a particular job category. "Underrepresentation" means having fewer members of a racial/ethnic group, women, men or persons with disabilities in a particular job category than would be reasonably expected based on their availability in the relevant labor market. "Work force" means an agency’s full-time and part-time employees.281—95.2(19B) Equal employment opportunity standards. An agency’s employment policies and practices shall provide equal employment opportunity to all persons. No person may be denied equal access to agency employment opportunities because of race, creed, color, religion, national origin, gender, age or disability.281—95.3(19B) Duties of boards of directors. Each agency’s board of directors will adopt policy statements and develop plans for implementation of equal employment opportunity standards and affirmative action programs, which contain the following elements. 1. A policy statement outlining the board of directors’ commitment to the principles of equal employment opportunity and affirmative action, which contain procedures for employees and applicants for employment to redress complaints of discrimination. 2. A written equal employment opportunity and affirmative action plan, to be evaluated and updated on a biennial basis. 3. Assignment of responsibility to an employee for coordinating the development and ongoing implementation of the plans. This employee may be the same employee who has been assigned to coordinate the agency’s efforts to comply with federal laws requiring nondiscrimination in educational programs and employment. 4. Systematic input from diverse racial/ethnic groups, women, men and persons with disabilities into the development and implementation of the plans, which may include using existing advisory committees or public hearing procedures. 5. Periodic training for all staff who hire or supervise personnel on the principles of equal employment opportunity and the implementation of its affirmative action plan. 6. Maintenance of necessary records to document its affirmative action progress. An agency will report employment data to the department by racial/ethnic category, gender and disability.281—95.4(19B) Plan components. In addition to the board policy statement, each agency’s equal employment opportunity and affirmative action plan will include, at a minimum, the following components: 95.4(1) General. a. The name, job title, address and phone number of the employee responsible for coordinating the development and implementation of the equal employment opportunity and affirmative action plans. b. An administrative statement on how the agency’s equal employment opportunity and affirmative action policies and plans are to be implemented, including the internal system for auditing and reporting progress, to be signed and dated by the chief executive officer of the agency. c. A work force analysis showing the numerical and percentage breakdown of the agency’s full-time and part-time employees within each major job category (consistent with the E.E.O. 5 and E.E.O. 6 occupational categories reported to the United States Equal Employment Opportunity Commission) by racial/ethnic group, gender, and disability. For the purpose of confidentiality, disability data may be based on total agency figures, rather than those of major job categories. d. A quantitative analysis comparing work force analysis figures with the availability of qualified or qualifiable members of racial/ethnic groups, women, men and persons with disabilities within the relevant labor market. e. When underrepresentation is identified in one or more major job category, the agency will conduct a qualitative analysis to be included in the agency’s affirmative action plan. The qualitative analysis is a review of employment policies and practices to determine if and where those policies and practices tend to exclude, disadvantage, restrict or result in adverse impact on the basis of racial/ethnic origin, gender, or disability. The analysis may include, but is not limited to the review of: (1) Recruitment practices and policies; (2) A demographic study of the applicant pool and flow; (3) The rate and composition of turnover in major job categories; (4) Trends in enrollment that will affect the size of the work force; (5) Application and application screening policies and practices; (6) Interview, selection, and placement policies and practices; (7) Transfer and promotion policies and practices; (8) Discipline, demotion, termination, and reduction in force policies and practices; (9) Employee assistance, training selection, and mentoring policies and practices; (10) The impact of any collective bargaining agreement on equal employment opportunity and the affirmative action process; (11) Law, policies or practices external to the agency that may hinder success in equal employment opportunity and affirmative action. 95.4(2) Quantitative goals. The agency will develop numerical goals and timetables for reduction of underrepresentation in each major job category where it has been identified. These goals are not rigid and inflexible quotas, but reasonable aspirations toward correcting imbalance in the agency’s work force. A goal shall not cause any group of applicants to be excluded from the hiring process. When setting numerical goals, agencies will take into consideration the following: a. The numbers and percentages from the work force analysis conducted pursuant to subrule 95.4(1); b. The number of short- and long-term projected vacancies in the job category, considering turnover, layoffs, lateral transfers, new job openings, and retirements; c. The availability of qualified or qualifiable persons from underrepresented racial/ethnic, gender and disability categories within the relevant labor market; d. The makeup of the student population served by racial/ethnic origin, gender and disability; e. The makeup of the population served by racial/ethnic origin, gender and disability; f. The makeup of the population of the metropolitan statistical area, when applicable, by racial/ethnic origin, gender, and disability. 95.4(3) Qualitative goals. The agency will develop qualitative goals, activities and timetables which specify the appropriate actions and time frames in which problem areas identified during the qualitative analysis are targeted and remedied. In setting qualitative goals and planning actions, the agency may consider, but need not be limited to, the following: a. Broadening or targeting recruitment efforts; b. Evaluating and validating criteria and instruments used in selecting applicants for interviews, employment, and promotion; c. Providing equal employment opportunity, affirmative action, and intergroup relations training for employees of the agency; d. Developing a system of accountability for implementing the agency’s plan; e. Developing and implementing an employee assistance and mentoring program; f. Establishing a work climate that is sensitive to diverse racial/ethnic groups, both women and men and persons with disabilities; g. Negotiating the revision of collective bargaining agreements to facilitate equal employment opportunity and affirmative action. 95.4(4) Absence of minority base. Agencies with no minority students enrolled or no minority employees shall develop goals and timetables for recruiting and hiring persons of minority racial/ethnic origin when those persons are available within the relevant labor market. 95.4(5) Consolidation. An agency may consolidate racial/ethnic minorities and job categories into broader groupings in conducting analyses under this chapter when its size or number of employees makes more specific categories impractical.281—95.5(19B) Dissemination. Each agency will adopt an internal and external system for disseminating its equal employment opportunity and affirmative action policies and plans. 95.5(1) Plan distribution. An agency will annually distribute its policies and plans to agency employees involved in the hiring or management of personnel, and the agency will make the policies and plans available to other agency employees, the public and the director of education upon request. 95.5(2) Policy statement distribution. An agency will distribute its policy statement to all applicants for employment, and the agency will distribute the policy statement annually to employees, students, parents, and recruitment sources.281—95.6(19B) Reports. Each agency will submit an annual progress report on equal employment opportunity and affirmative action to its local board of directors. Each agency will submit its annual progress report under this chapter to the department by December 31 of each year. The report is a part of the basic educational data collection system administered by the department. These rules are intended to implement Iowa Code section 19B.11.ARC 7099CEducation Department[281]Notice of Intended ActionProposing rulemaking related to business procedures and deadlines and providing an opportunity for public comment
The State Board of Education hereby proposes to rescind Chapter 99, “Business Procedures and Deadlines,” Iowa Administrative Code, and to adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 256.7 and chapters 24, 257, 285, and 291.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapters 24, 256, 257, 285, and 291.Purpose and Summary As part of the Department of Education’s review of rules under Executive Order 10, the Department proposes replacing restrictive words as unnecessary in this chapter’s context. The Department also proposes adding dates certain to external sources that are incorporated by reference (e.g., generally accepted accounting principles (GAAP)).Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the State Board for a waiver of the discretionary provisions, if any, pursuant to 281—Chapter 4. Public Comment Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on October 24, 2023. Comments should be directed to: Thomas A. Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.281.8661 Email: thomas.mayes@iowa.gov Public Hearing Public hearings at which persons may present their views orally or in writing will be held as follows: October 24, 2023 10:30 to 11 a.m. State Board Room, Second Floor Grimes State Office Building Des Moines, Iowa October 24, 2023 5:30 to 6 p.m. Second Floor, Jim Hester Board Room Davenport Schools, Achievement Service Center 1702 North Main Street Davenport, Iowa Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs by calling 515.281.5295.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rulemaking action is proposed:
ITEM 1. Rescind 281—Chapter 99 and adopt the following new chapter in lieu thereof: CHAPTER 99BUSINESS PROCEDURES AND DEADLINES281—99.1(257) Definitions. "Area education agency" "AEA" means a school corporation organized under Iowa Code chapter 273. "Basis of accounting" means the accrual/modified accrual accounting basis under generally accepted accounting principles (GAAP) as defined by the governmental accounting standards board (GASB) as of October 4, 2023. "Basis of budgeting" means the accrual/modified accrual budgeting basis under GAAP as defined by the GASB as of October 4, 2023. "SBRC" means the school budget review committee appointed pursuant to Iowa Code section 257.30. "School district" means a school corporation organized under Iowa Code chapter 274. "Unique" means highly unusual, extraordinary; unparalleled. "Unusual" means not usual or common; rare; constituting or occurring as an exception; not ordinary or average; affecting very few school districts or AEAs. "Usual" means that which past experience has shown to be normal or common or is anticipated to become normal or common, hence an expected or predictable event; that which affects more than just a few school districts or AEAs.281—99.2(256,257,285,291) Submission deadlines. It is the responsibility of the administrative officials and board members to submit information and materials as requested by the department of education, department of management, any other state agency, or any federal agency. Reports shall be filed electronically if an electronic format is available. 99.2(1) All school districts will submit program plans, reports, or data collections in the manner, by the procedures, and on the dates set by statute or by the department of education. Plans, reports, and data collections will include the following:Vehicle Information SystemSeptember 1 Annual Transportation ReportSeptember 15Certified Annual Report (CAR-COA)September 15Special Education SupplementSeptember 15Facilities, Elections & Save ReportSeptember 30Certified Enrollment Report/PEACEOctober 15Certified Supplementary Weighting ReportOctober 15School Board Officers ReportNovember 1Annual Audit ReportMarch 31Certified BudgetApril 15 99.2(2) All AEAs will submit program plans, reports, or data collections in the manner, by the procedures, and on the dates set by statute or by the department of education. Plans, reports, and data collections will include the following:Certified Annual Report (CAR-COA)September 15Facilities ReportSeptember 30Certified Supplementary Weighting ReportOctober 15School Board Officers ReportNovember 1Proposed BudgetMarch 15Annual Audit ReportMarch 31 99.2(3) If any plan, report, or data collection has not been received by the due date of the form or by the due date of a valid extension granted by the department of education, the following procedure will apply: a. The superintendent of the school district or the administrator of the area education agency, and the president of the applicable board, will be notified of the unfiled report and the number of days it is past due. b. The state board of education, the SBRC, or the Iowa board of educational examiners may be notified of the school districts or AEAs that were not timely in filing one or more reports. c. The SBRC may implement the procedures described in 289—subrule 6.3(5).281—99.3(257) Good cause for late submission. 99.3(1) The department of education may, upon request, allow a school district or AEA to submit reports, data collections, or program plans after the due dates listed in rule 281—99.2(256,257,285,291) for good cause. a. Good cause includes illness or death of a school district or AEA staff member involved in developing the program plan or submitting the report or data collection; acts of God; technological problems at the department lasting at least seven days within the final two weeks prior to the deadline that prevent access necessary for the plan, report, or data collection submission; or unforeseeable unusual or unique circumstances, which, in the opinion of the director of the department, constitute sufficient cause for allowing submission of program plans, reports, or data collections after the published due date. b. Good cause does not include consequences of local time management or administrative decisions or when districts and AEAs have timed out or have encountered system overloads within the final three days before the due date. 99.3(2) A school district or AEA requesting permission to submit a program plan, report, or data collection after the published due date will notify the department staff member responsible for receiving the plan, report, or data collection as soon as possible upon determining that the district or AEA will not be able to meet the deadline, but no sooner than two weeks prior to the due date and no later than two days prior to the due date. When an extension of the submission deadline is allowed, the department will establish a date by which the school district or AEA will submit the plan, report, or data collection. Permission to submit a program plan, report, or data collection after the published due date expires upon receipt of the submission by the department and does not carry over into subsequent application or reporting cycles.281—99.4(24,256,257,291) Budgets, accounting, and reporting. The school district or AEA will budget on the GAAP basis of budgeting. School districts and AEAs will use the chart of accounts defined in the Uniform Financial Accounting Manual for Iowa LEAs and AEAs (UFA manual). The school district or AEA will maintain its financial records and prepare financial reports, including the Certified Annual Report, in the manner and by the procedures set by the departments of education and management in the UFA manual and GAAP. School districts and AEAs will use the chart of accounts defined in the UFA manual. The UFA manual is based on the Financial Accounting for Local and State School Systems published by the United States Department of Education, as of October 4, 2023. If GAAP permits a choice of reporting methods for transactions, or if GAAP conflicts with the UFA manual, the department of education staff will determine a uniform method of reporting to be used by all school districts and AEAs. These rules are intended to implement Iowa Code chapters 24, 256, 257, 285 and 291.ARC 7075CWorkforce Development Board and Workforce Development Center Administration Division[877]Filed Emergency After NoticeRulemaking related to Iowa office of apprenticeship
The Workforce Development Board and Workforce Development Center Administration Division hereby adopts new Chapter 29, “Iowa Office of Apprenticeship,” Iowa Administrative Code. Legal Authority for Rulemaking This rulemaking is adopted under the authority provided in 2023 Iowa Acts, Senate File 318.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapter 84D as enacted by 2023 Iowa Acts, Senate File 318.Purpose and Summary This new chapter establishes rules and procedures for implementation and administration of the new Iowa Office of Apprenticeship pursuant to 2023 Iowa Acts, Senate File 318.Public Comment and Changes to Rulemaking Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on July 26, 2023, as ARC 7052C. 29 CFR 29.13 requires the State of Iowa to have a state law and plan that conforms with 29 CFR Parts 29 and 30 in order for the Iowa Office of Apprenticeship to be approved as a state apprenticeship agency (SAA). Iowa Workforce Development (IWD) has been working closely with the U.S. Department of Labor (USDOL) to ensure the State has the appropriate state code and administrative rules in place for the SAA to meet the 29 CFR 29.13 requirement. The adopted rules establish an SAA in conformity with 29 CFR Part 29. The adopted rules, Iowa Code chapter 84D, and the state plan will be submitted to USDOL for final approval before Iowa will be able to implement 2023 Iowa Acts, Senate File 318, and become an SAA state. During the Administrative Rules Review Committee (ARRC) meeting held August 15, 2023, there was discussion regarding the definition of “supervision” in the proposed rules as it relates to the definition provided in Senate File 318. To address this concern, IWD has removed the definitions found in proposed rule 877—29.2(90GA,SF318). This also negates the need to discuss any other public comments related to the definition of “supervision.” IWD also received public comments regarding the transition process for programs already registered with USDOL. As IWD has previously stated, pursuant to the definition of “apprenticeship program” in Iowa Code section 84D.2(4) as enacted by 2023 Iowa Acts, Senate File 318, registered apprenticeship programs currently registered with USDOL will not be required to reregister once the Iowa Office of Apprenticeship is approved as an SAA. All programs will be transitioned from the USDOL Office of Apprenticeship to the Iowa Office of Apprenticeship. The Iowa Office of Apprenticeship may provide registered apprenticeship programs with the option to continue to receive technical assistance from USDOL. The opening of the SAA will require approval of the state plan by USDOL, which will be submitted after the publication of this rulemaking. One other change from the Notice was made to remove the term “definitions” from rule 877—29.1(90GA,SF318). Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Department finds that the normal effective date of this rulemaking, 35 days after publication, should be waived and the rulemaking made effective on September 8, 2023, because 2023 Iowa Acts, Senate File 318, was effective upon enactment and authorizes this emergency rulemaking.Adoption of Rulemaking This rulemaking was adopted by the Workforce Development Board and Workforce Development Center Administration Division on September 8, 2023.Fiscal Impact 2023 Iowa Acts, Senate File 318, was signed into law on May 10, 2023, establishing new Iowa Code chapter 84D. There is no immediate fiscal impact of creation and implementation of these rules; however, the Iowa Office of Apprenticeship will have costs associated with it over the next five years in terms of personnel and implementation costs. No estimate is available at this time because IWD continues to coordinate with the existing Office of Apprenticeship and USDOL to determine scope of responsibility and timing of transition of the program. IWD does not anticipate any additional fiscal impact in the current fiscal year and anticipates that there will be a request for a general appropriation in future legislative sessions as IWD is better able to determine the amount of staff and resources necessary to fully implement this program.Jobs Impact This chapter is authorized by 2023 Iowa Acts, Senate File 318, which establishes the Iowa Office of Apprenticeship in Iowa Code chapter 84D. The chapter is required to supplement Senate File 318 and bring the state law establishing an SAA into conformity with USDOL requirements pursuant to 29 CFR 29.13. The chapter, in conjunction with Senate File 318, creates career pathways for all Iowans, including adults and minorities. The chapter, in conjunction with Senate File 318, will have a positive impact on private sector jobs and employment opportunities in Iowa by increasing training pathways into a wide variety of industries and occupations. Iowa led the country in creating registered apprenticeship programs in 2022, and the SAA program, implemented through these rules, will make it easier for employers and high schools to provide this valuable training pathway to more Iowans. Iowa wants to foster and grow registered apprenticeship and work-based learning programs throughout the state. As a system, IWD wants to continue to foster the quality programs that have already been created in construction trades and other occupations to help grow registered apprenticeship programs in all industries. IWD has had federal grants that have assisted in growing registered apprenticeship programs in the following high-demand areas: health care, agriculture, advanced manufacturing, construction trades and education. With these rules, IWD and the Iowa Office of Apprenticeship will work with all industries to support the creation of high-quality registered apprenticeship and work-based learning opportunities for Iowans. In a registered apprenticeship, employers create a program that contains related training instruction and on-the-job learning. Cost can vary from in-house education programs to community college courses for related training, on-the-job wages and mentor wages. There is no other relevant analysis.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the IWD for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rulemaking became effective on September 8, 2023. The following rulemaking action is adopted:
ITEM 1. Adopt the following new 877—Chapter 29: CHAPTER 29IOWA OFFICE OF APPRENTICESHIP877—29.1(90GA,SF318) Purpose. The purpose of this chapter is to bring identified terms and language in 2023 Iowa Acts, Senate File 318, into conformity with federal requirements, necessary for the approval of the Iowa office of apprenticeship law by the United States Department of Labor Office of Apprenticeship in accordance with 29 CFR 29.13(a)(1).877—29.2(90GA,SF318) Code of Federal Regulations reference. All references to the Code of Federal Regulations (CFR) in this chapter are as amended to September 8, 2023.877—29.3(90GA,SF318) Duties of office. The Iowa office of apprenticeship shall establish time-based, competency-based and hybrid apprenticeship frameworks based on the regional and statewide collection of valuable credentials. 29.3(1) The Iowa office of apprenticeship shall establish the following standards and processes in conformance with 29 CFR Part 29: a. Program performance standards in conformance with 29 CFR 29.6. b. Process for deregistration of registered apprenticeship programs in conformance with 29 CFR 29.8. c. Process for the reinstatement of a registered apprenticeship program that was previously deregistered under 29 CFR 29.8 in conformance with 29 CFR 29.9. d. Appeal process for registered apprenticeship programs that have been deregistered in conformance with 29 CFR 29.10. 29.3(2) Neither the provisions of 2023 Iowa Acts, Senate File 318; federal law; or the apprenticeship agreement will invalidate any provision in any collective bargaining agreement between employers and employees establishing higher apprenticeship standards. 29.3(3) Neither the provisions of 2023 Iowa Acts, Senate File 318; federal law; nor the apprenticeship agreement will invalidate any special provision for veterans, minority persons, or women in the standards, apprenticeship qualifications or operation of the program which is not prohibited by state or federal law. 29.3(4) The Iowa office of apprenticeship will establish a process for complaints in conformance with 29 CFR 29.12.877—29.4(90GA,SF318) Requirements for sponsors and employers. Sponsors and employers are responsible for the following:- Ensuring the program conforms to 29 CFR Part 29 standards of apprenticeship.
- Ensuring the program complies with 29 CFR Part 30 equal employment opportunity in apprenticeship.
- Ensuring the program complies with the Iowa Office of Apprenticeship Standards and Regulations document approved by the United States Department of Labor.
- Ensuring the program complies with 2023 Iowa Acts, Senate File 318.
Rulemaking related to the setoff program
The Revenue Department hereby adopts new Chapter 26, “Setoff of Qualifying Debts Owed to Public Agencies,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is adopted under the authority provided in Iowa Code section 421.65 as enacted by 2020 Iowa Acts, House File 2565; and 2020 Iowa Acts, House File 2641, division VI.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 421.65 as enacted by 2020 Iowa Acts, House File 2565; and 2020 Iowa Acts, House File 2641, division VI.Purpose and Summary The primary purpose of this rulemaking is to make effective 2020 Iowa Acts, House File 2565. That legislation sets forth the statutory authority that will transition the setoff program from the Department of Administrative Services (DAS) to the Iowa Department of Revenue (IDR). The setoff program allows public agencies, including but not limited to state agencies, clerks of court, and municipalities, to collect debt by intercepting payments owed by a public agency to a citizen and applying those payments to qualifying debt. House File 2565 transfers the setoff program from DAS to IDR. 2020 Iowa Acts, House File 2641, section 73, amended the effective date of House File 2565 to the later date of January 1, 2021, or the effective date of rules adopted by IDR implementing House File 2565, which are adopted herein. All Iowa Code citations within the new rules are to those sections as enacted by House File 2565. IDR’s authority to administer setoffs will be under Iowa Code section 421.65. IDR is required to promulgate rules to describe the priority of payment when multiple agencies within the same priority group make a claim to the same setoff payment. IDR is also permitted to promulgate rules to describe the frequency and contents of certifications of debt by public agencies submitting debt to the program and to establish a minimum debt submission amount by rule. These rules also establish procedures and requirements for participating agencies. The rules require that public agencies submitting debt to the program enter into a memorandum of understanding with IDR, set forth details about debt balances and notifications of changes of such balances, describe challenge processes and requests for division of the setoff payment, contemplate a transition period, and provide an explanation and examples about the fee paid by public agencies for use of the setoff system.Public Comment and Changes to Rulemaking Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on August 9, 2023, as ARC 7054C. An Advisory Notice was also published in the August 23, 2023, Iowa Administrative Bulletin correcting erroneously published information regarding the telephone number and access code for participating in the public hearing. A public hearing was held on August 29, 2023, at 9 a.m. in Room 430, Hoover State Office Building, Fourth Floor, 1305 East Walnut Street, Des Moines, Iowa. Virtual and telephone options were also available. One public comment was received. Iowa Legal Aid provided comments both orally at the public hearing and via written comment through Litigation Director and General Counsel Alex Kornya. Iowa Legal Aid comment summary:
Since publication of the Notice, the title of new Chapter 26 was revised and is now “Setoff of Qualifying Debts Owed to Public Agencies.” Rule 701—26.3(421) was revised to refer to the “effective” date of the memorandum of understanding rather than the “execution” date of the memorandum of understanding. Subrule 26.8(3) was revised to allow IDR to determine that it should make a split payment to an obligor on behalf of a public agency if the requirement to make a split payment would cause the public agency significant hardship. Adoption of Rulemaking This rulemaking was adopted by IDR on September 13, 2023.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. There is no cost to the State other than the costs that result from the statute and the need for the IDR to develop a system to operate the setoff program as a result of the statute. Development of the system is well underway. Iowa Code section 421.65 requires that public agencies pay a fee for the use of the setoff system. Details regarding the fee are set forth in these rules. The DAS currently charges a $7 fee for each offset. As set forth in these rules, a fee of $7 will be paid by participating public agencies to the IDR for each setoff when the IDR assumes the setoff program. These costs would accrue to participating public agencies. Based on information provided by the DAS, over the three most recent complete fiscal years, the average number of fee collections each year was approximately 109,000. This average is assumed to be typical for any year. At a cost of $7 per setoff, the overall administrative costs to all participating public agencies combined are thus estimated to be $763,000 each year. Because both the DAS and the IDR fees are $7, it is expected that the administrative costs for the new program under the IDR will be substantially similar to the current program under the DAS.Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition IDR for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rulemaking will become effective on November 13, 2023. The following rulemaking action is adopted:
Rulemaking related to special permits for operation and movement of vehicles and loads of excess size and weight
The Transportation Department hereby amends Chapter 511, “Special Permits for Operation and Movement of Vehicles and Loads of Excess Size and Weight,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is adopted under the authority provided in Iowa Code sections 307.12, 312.2(18), 321E.8(4), 321E.15 and 321E.24.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 312.2 and chapter 321E.Purpose and Summary This rulemaking amends Chapter 511 to conform the rules with 2022 Iowa Acts, House File 2518 and Senate File 2376, which were effective on January 1, 2023, and codified in Iowa Code chapters 312 and 321E. These amendments:
Rulemaking related to license by verification
The Board of Veterinary Medicine hereby amends Chapter 6, “Application for Veterinary Licensure,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is adopted under the authority provided in Iowa Code section 272C.4.State or Federal Law Implemented This rulemaking implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary This rulemaking amends license by verification rules to comply with 2022 Iowa Acts, Senate File 2383, which removed residency and active duty requirements from the license by verification process for applicants seeking professional licensure who are licensed in another jurisdiction.Public Comment and Changes to Rulemaking Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on May 31, 2023, as ARC 7030C. No public comments were received. No changes from the Notice have been made.Adoption of Rulemaking This rulemaking was adopted by the Board on August 31, 2023.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 811—Chapter 14.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rulemaking will become effective on November 8, 2023. The following rulemaking action is adopted:
ITEM 1. Amend subrule 6.6(1) as follows: 6.6(1) Eligibility. A person may seek licensure by verification if the person is licensed in at least one other jurisdiction., and either: a. The person establishes residency in the state of Iowa; or b. The person is married to an active duty member of the military forces of the United States and is accompanying the member on an official permanent change of station in Iowa. ITEM 2. Rescind paragraph 6.6(2)"d". ITEM 3. Reletter paragraph 6.6(2)"e" as 6.6(2)"d". [Filed 9/14/23, effective 11/8/23][Published 10/4/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/4/23.ARC 7077CVeterinary Medicine Board[811]Adopted and FiledRulemaking related to license by verification
The Board of Veterinary Medicine hereby amends Chapter 8, “Auxiliary Personnel,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is adopted under the authority provided in Iowa Code section 272C.4.State or Federal Law Implemented This rulemaking implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary This rulemaking amends license by verification rules to comply with 2022 Iowa Acts, Senate File 2383, which removed residency and active duty requirements from the license by verification process for applicants seeking professional licensure who are licensed in another jurisdiction.Public Comment and Changes to Rulemaking Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on May 31, 2023, as ARC 7031C. No public comments were received. No changes from the Notice have been made.Adoption of Rulemaking This rulemaking was adopted by the Board on August 31, 2023.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 811—Chapter 14.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rulemaking will become effective on November 8, 2023. The following rulemaking action is adopted:
ITEM 1. Amend subrule 8.11(1) as follows: 8.11(1) Eligibility. A person may seek registration by verification if the person is registered or licensed in at least one other jurisdiction., and either: a. The person establishes residency in the state of Iowa; or b. The person is married to an active duty member of the military forces of the United States and is accompanying the member on an official permanent change of station in Iowa. ITEM 2. Rescind paragraph 8.11(2)"d". ITEM 3. Reletter paragraphs 8.11(2)"e" and 8.11(2)"f" as 8.11(2)"d" and 8.11(2)"e". [Filed 9/14/23, effective 11/8/23][Published 10/4/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/4/23.ARC 7078CVeterinary Medicine Board[811]Adopted and FiledRulemaking related to military service and veteran reciprocity
The Board of Veterinary Medicine hereby adopts new Chapter 15, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is adopted under the authority provided in 2022 Iowa Acts, Senate File 2383, section 21.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 272C.4.Purpose and Summary This rulemaking adopts new Chapter 15, which provides a process under which the Board will provide credit toward licensure qualifications for military service and the procedures for issuing reciprocal or provisional licensure for veterans who are licensed in other jurisdictions. The rulemaking also implements 2022 Iowa Acts, Senate File 2383, section 21, by adding military spouses as individuals who can be licensed under special veteran reciprocity rules.Public Comment and Changes to Rulemaking Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on May 31, 2023, as ARC 7029C. No public comments were received. No changes from the Notice have been made.Adoption of Rulemaking This rulemaking was adopted by the Board on August 31, 2023.Fiscal Impact This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rulemaking, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 811—Chapter 14.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rulemaking will become effective on November 8, 2023. The following rulemaking action is adopted:
ITEM 1. Adopt the following new 811—Chapter 15: CHAPTER 15MILITARY SERVICE AND VETERAN RECIPROCITY811—15.1(272C) Definitions. "Board" means the Iowa board of veterinary medicine. "License" "licensure" means any license, registration, certificate, or permit that may be granted by the Iowa board of veterinary medicine. "Military service" means honorably serving on federal active duty, state active duty, or national guard duty, as defined in Iowa Code section 29A.1; in the military services of other states, as provided in 10 U.S.C. Section 101(c); or in the organized reserves of the United States, as provided in 10 U.S.C. Section 10101. "Military service applicant" means an individual requesting credit toward licensure for military education, training, or service obtained or completed in military service. "Spouse" means a spouse of an active duty member of the military forces of the United States. "Veteran" means an individual who meets the definition of “veteran” in Iowa Code section 35.1(2).811—15.2(272C) Military education, training, and service credit. A military service applicant may apply for credit for verified military education, training, or service toward any experience or educational requirement for licensure by submitting a military service application form to the board office. 15.2(1) The application may be submitted with an application for licensure or examination, or prior to application for licensure or to take an examination. No fee is required with submission of an application for military service credit. 15.2(2) The applicant shall identify the experience or educational licensure requirement to which the credit would be applied if granted. Credit shall not be applied to an examination requirement. 15.2(3) The applicant shall provide documents, military transcripts, a certified affidavit, or forms that verify completion of the relevant military education, training, or service, which may include, when applicable, the applicant’s Certificate of Release or Discharge from Active Duty (DD Form 214) or Verification of Military Experience and Training (VMET) (DD Form 2586). 15.2(4) Upon receipt of a completed military service application, the board shall promptly determine whether the verified military education, training, or service will satisfy all or any part of the identified experience or educational qualifications for licensure. 15.2(5) The board shall grant credit requested in the application in whole or in part if the board determines that the verified military education, training, or service satisfies all or part of the experience or educational qualifications for licensure. 15.2(6) The board shall inform the military service applicant in writing of the credit, if any, given toward an experience or educational qualification for licensure, or explain why no credit was granted. The applicant may request reconsideration upon submission of additional documentation or information. 15.2(7) A military service applicant who is aggrieved by the board’s decision may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. The provisions of rules 811—10.13(17A,169,272C) through 811—10.38(17A) shall apply, except that no fees or costs shall be assessed against the military service applicant in connection with a contested case conducted pursuant to this subrule. 15.2(8) The board shall grant or deny the military service application prior to ruling on the application for licensure. The applicant shall not be required to submit any fees in connection with the licensure application unless the board grants the military service application. If the board does not grant the military service application, the applicant may withdraw the licensure application or request that the licensure application be placed in pending status for up to one year or as mutually agreed. The withdrawal of a licensure application shall not preclude subsequent applications supported by additional documentation or information.811—15.3(272C) Veteran or spouse reciprocity. 15.3(1) A veteran or spouse with an unrestricted professional license in another jurisdiction may apply for licensure in Iowa through reciprocity. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity and will be given credit for examinations previously passed when consistent with board laws and rules on examination requirements. A fully completed application for licensure submitted by a veteran or spouse under this subrule shall be given priority and shall be expedited. 15.3(2) Such an application shall contain all of the information required of all applicants for licensure who hold unrestricted licenses in other jurisdictions and who are applying for licensure by reciprocity, including but not limited to completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. The applicant shall use the same forms as any other applicant for licensure by reciprocity and shall additionally provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2) or a spouse of an active duty member of the military forces of the United States. 15.3(3) Upon receipt of a fully completed licensure application, the board shall promptly determine if the scope of practice in the jurisdiction where the applicant is licensed is substantially equivalent to the scope of practice in Iowa. The board shall make this determination based on information supplied by the applicant and such additional information as the board may acquire from the applicable jurisdiction. 15.3(4) The board shall promptly grant a license to the applicant if the applicant is licensed in the same or similar profession in another jurisdiction whose scope of practice is substantially equivalent to the scope of practice in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or criminal background. 15.3(5) If the board determines that the scope of practice in the jurisdiction in which the applicant is licensed is not substantially equivalent to the scope of practice in Iowa, the board shall promptly inform the applicant of the additional education or training required for licensure in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or criminal background, the following shall apply: a. If an applicant has not passed the required examination(s) for licensure, the applicant may not be issued a temporary license but may request that the licensure application be placed in pending status for up to one year or as mutually agreed to provide the applicant with the opportunity to satisfy the examination requirements. b. If additional education or training is required, the applicant may request that the board issue a temporary license for a specified period of time during which the applicant will successfully complete the necessary education or training. The board shall issue a temporary license for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare or safety of the public unless the board determines that the deficiency is of a character that the public health, welfare or safety will be adversely affected if a temporary license is granted. c. If a request for a temporary license is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a temporary license. d. If a temporary license is issued, the application for full licensure shall be placed in pending status until the necessary education or training has been successfully completed or the temporary license expires, whichever occurs first. The board may extend a temporary license on a case-by-case basis for good cause. 15.3(6) An applicant who is aggrieved by the board’s decision to deny an application for a reciprocal license or a temporary license or is aggrieved by the terms under which a temporary license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. The provisions of rules 811—10.13(17A,169,272C) through 811—10.38(17A) shall apply, except that no fees or costs shall be assessed against the applicant in connection with a contested case conducted pursuant to this subrule. These rules are intended to implement Iowa Code section 272C.12A. [Filed 9/14/23, effective 11/8/23][Published 10/4/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 10/4/23.