Iowa Admin. Code r. 281-20.1

Current through Regsiter Vol. 46, No. 26, June 12, 2024
Rule 281-20.1 - Definitions
(1) "Annual income" means the same as line 4 of Form 2023 IA 1040 (Iowa taxable income). In calculating annual income, the department shall use information from the last year's state tax form and need not include income of individuals who have no legal obligation to provide support to the student unless said individual is married to the parent or guardian who is responsible for financially supporting the student. If "annual income" cannot be clearly determined through review of the submitted tax return, the department director has authority to request additional information and determine eligibility. The department director may consider income reductions after the filing of the preceding year's tax return. This subrule applies only for school years beginning July 1, 2023, and July 1, 2024; it will cease to be applicable by operation of law on July 1, 2025.
(2) "Department" means the department of education.
(3) "Full-time" means enrollment at a nonpublic school with a minimum school calendar that meets the requirement of Iowa Code section 279.10 for at least 75 percent of the school's definition of "full-time."
(4) "Household" means the number of people who reside together and who are related by birth, marriage, adoption, legal guardianship, or placement in the home through a state agency. "Household" includes parents, student applicants, and other children who share at least one parent by birth, by adoption, by a parent's current marriage, or by placement in the home through a state agency. A parent on military duty is considered to be residing in the household. If "household" cannot be clearly determined through review of the submitted tax return, the department director has authority to request additional information and determine eligibility. This subrule applies only for school years beginning July 1, 2023, and July 1, 2024; it will cease to be applicable by operation of law on July 1, 2025.
(5) "Nonpublic school" means the same as defined in Iowa Code section 285.16.
(6) "Qualified educational expenses" means the same as defined in Iowa Code section 257.11B(1)"b" as enacted by 2023 Iowa Acts, House File 68, section 7.
a. For purposes of this subrule, an approvable provider of "educational therapies" is qualified by recognized training and education to provide those educational therapies. To prevent waste, fraud, and abuse, "educational therapies" does not include therapies provided by the student's family. For purposes of this subrule, "family" includes parents, step-parents, guardians, siblings, half siblings, step-siblings, grandparents, step-grandparents, aunts, uncles, or first cousins.
b. For purposes of this subrule, approvable "online education programs" means online education programs provided by online education providers approved by the department under 281-Chapter 15.
c. For purposes of this subrule, an approvable provider of "vocational and life skills education" is any entity approved by the department or any other unit of state government to provide the vocational and life skills education sought.
d. For purposes of this subrule, an approvable "accredited provider" is any individual or organization holding a credential issued by the Iowa board of educational examiners or any other credential issued by the state of Iowa to provide the service at issue. For purposes of this paragraph, paraprofessionals or assistants are sufficiently trained if they hold a credential issued under Iowa Code section 272.12 or if they have received training and education deemed sufficient by their supervising professional.
e. For purposes of this subrule, expenses listed in Iowa Code section 257.11B(1)"b" as enacted by 2023 Iowa Acts, House File 68, section 7, as "not included" in the definition of "qualified educational expenses," are not eligible for payment.
(7) "Resident" means the same as defined in Iowa Code section 282.1(2).
(8) "Student" is synonymous with the term "pupil" as that term is used in Iowa Code section 257.11B as enacted by 2023 Iowa Acts, House File 68, section 7.

Iowa Admin. Code r. 281-20.1

Adopted by IAB May 31, 2023/Volume XLV, Number 24, effective 5/4/2023
Amended by IAB August 23, 2023/Volume XLVI, Number 4, effective 9/27/2023
Amended by IAB March 6, 2024/Volume XLVI, Number 18, effective 4/10/2024