Iowa Admin. Code rr. 281-41.138

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 281-41.138 - Equitable services provided

(1)General. The services provided to parentally placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally placed private school children with disabilities do not have to meet the special education teacher requirements of rule 281-41.156 (256B, 34CFR300). Parentally placed private school children with disabilities receive the special education and related services required by Iowa Code section 256.12, although the source of the funding for such education and services may be different than funding for education and services for children with disabilities in public schools.

(2)Services provided in accordance with an IEP. Each parentally placed private school child with a disability who will receive special education and related services pursuant to the Act and Iowa Code section 256.12 must have an IEP developed in accordance with this chapter.

(3)Provision of equitable services. The provision of services pursuant to this rule and rules 281-41.139 (256,256B, 34CFR300) to 281-41.143(256,256B, 34CFR300) must be provided by employees of a public agency or through contract by the public agency with an individual, association, agency, organization, or other entity.

(4)Secular, neutral and nonideological. Special education and related services, including materials and equipment, provided to parentally placed private school children with disabilities, including children attending religious schools, must be secular, neutral, and nonideological.

Iowa Admin. Code rr. 281-41.138

Amended by IAB October 11, 2017/Volume XL, Number 8, effective 11/15/2017

Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024