Amendments to Iowa’s Rules of Special Education

Thomas Mayes, Legal Consultant at the Iowa Department of Education, is passing on the following information following the State Board of Education’s January meeting. At its January meeting, Iowa’s State Board of Education adopted amendments to Iowa’s administrative rules of special education, which are effective on March 30, 2011. Those amendments:

• Make the Department’s enforcement actions associated with LEA/AEA determinations mandatory (“shall”), rather than discretionary (“may”). This is a requirement of federal law.
• Remove the term “preappeal,” and substitute “mediation” in its place. This is not a substantive change. The procedures associated with preappeal conferences will remain the same. The Department will still accept documents labeled as “preappeal requests.”
• Substitute the term “intellectual disability” for “mental disability.” This non-substantive change is authorized by recent federal legislation.

Since these rules changes are not large in number, the Department will prepare an insert sheet for the current (orange-covered) rules. That insert sheet will be available on or before the effective date of the rules.