Content Information
The Department has policies and procedures that an individual can use to obtain review of decisions made by the agency concerning the request for the provision of IL services. 34 C.F.R. § 364.58 (2002). Reviews and appeals result from the dissatisfaction of applicants or clients of the IL Program with some aspect of agency services. At the time of application for IL services and at other times throughout the IL case process all applicants and clients shall be informed of their rights to the procedures by which they seek review of a Department decision about their services. 34 C.F.R. § 364.51 (2002).
A dissatisfied applicant or client may request a review of an ILR teacher’s decision regarding the provision or denial of services by submitting a letter detailing the matter to the IL Program Administrator. 111 I.A.C. § 11.9(2) (2012). The applicant or client shall be notified of his or her right to obtain assistance through the ICAP. 111 I.A.C. § 11.9(2)(a) (2012). The client can also appeal to the agency Director if dissatisfied with the decision of the IL Program Administrator.
This administrative review shall consist of a review of the case file and any other documentation involved in the subject matter of the review, interviews with the ILR teacher and any others directly involved with the subject matter of the review, and an interview with the applicant or client or, where appropriate, his or her representative. 111 I.A.C. §11.9(2)(b) (2012).
An applicant or client who is dissatisfied with the findings of an administrative review or has elected to bypass the review may request mediation by submitting a letter, which must be received within seven days of the date of the administrative review decision if one was made, to the IL Program Administrator. 111 I.A.C. §11.9(3) (2012). All parties shall mutually agree on the date, time, and place of the mediation. 111 I.A.C. §11.9(3)(a) (2012).
The Department shall pay all costs of the mediation process and the IL Program Administrator shall determine who will represent the Department during the session. 111 I.A.C. §11.9(3)(a) (2012).
All discussions that occur during mediation are confidential and shall not be used as evidence at any subsequent due process hearing or civil proceeding. 111 I.A.C. §11.9(3)(d) (2012). All agreements the parties reach shall be memorialized in a written Mediation Agreement, which the mediator shall prepare and mail to all parties. 111 I.A.C. §11.9(3)(e) (2012).
Either party may request a formal hearing on the mediation by writing a request to the Director of the Department within seven days of the date of the written mediation agreement. 111. I.A.C. §11.9(3)(f) (2012). When a party requests a formal hearing, the agency’s Director shall appoint an Impartial Hearing Officer and arrange for a formal hearing to be held within 60 days of the request. 111 I.A.C. §11.9(4)(a) (2012). The hearing site shall be fully accessible. The hearing shall be confidential and shall be recorded. 111 I.A.C. §11.9(4)(d) (2012).
The ILR teacher shall not suspend, reduce, or terminate IL services during the review and appeal processes unless the applicant or client or his or her representative, requests it. 111 I.A.C. §11.9(1) (2012).
The Impartial Hearing Officer shall decide based on the State IL Plan, the Rehabilitation Act, and state rules and policies. 111 I.A.C. §11.9(4)(e) (2012). Either party may seek judicial review of the decision in the Iowa District Court according to the Iowa Administrative Procedures Act, Iowa Code Chapter 17A (2014).