Iowa Admin. Code rr. 281-41.535

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

Rule 281-41.535 - Referral to and action by law enforcement and judicial authorities

(1)Rule of construction. Nothing in Part B of the Act or this chapter prohibits an agency from reporting a crime committed by a child with a disability to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a child with a disability.

(2)Transmittal of records.

a. An agency reporting a crime committed by a child with a disability must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.

b. An agency reporting a crime under this rule may transmit copies of the child's special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act, such as by obtaining consent (34 CFR Section 99.30) or in instances where disclosure without consent is permitted (34 CFR Section 99.31).

Iowa Admin. Code rr. 281-41.535

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