Administrative Rules Process & Calendar

The Iowa State Board of Education (State Board) adopts rules relating to education law. The State Board may only adopt a rule for which it has statutory authority, and any rule it adopts must be consistent with that underlying statutory authority. The standard rule making process takes at least 108 days, but no more than 180 days (notice expires after 180 days). An emergency rule-making has a different timeline.

Step 1: Iowa Department of Education Drafts Proposed Rules

The Iowa Department of Education (Department) drafts proposed administrative rules for the State Board’s consideration, along with the background, purpose, substance and fiscal impact of proposed rules.

Step 2: State Board Gives Notice of Intended Action

A "yes" vote by the State Board of Education starts the administrative rules process. Formally, this means the State Board has filed a Notice of Intended Action. If the State Board votes "no" on the proposed rules, the process stops. The Department may restart the process.

Step 3: Notice of Intended Action Published in the Iowa Administrative Bulletin

The Administrative Code Editor, in conjunction with Department staff, prepares the Notice of Intended Action for publication in the Iowa Administrative Bulletin. Publication starts the period of public comment. There is a minimum of 20 days for public comment (Day 1 is the day after the proposed rules are published.).

Step 4: Department Receives Public Comment on the Notice of Intended Action

The Department receives public comment on the proposed rules for a minimum of 20 days. The Department may also hold a public hearing. If the Department holds a public hearing, the date, time, and place of the hearing is published in the Notice of Intended Action. The Department may schedule a hearing on or after the 20th day following publication of the Notice of Intended Action.

Step 5: Administrative Rules Review Committee (ARRC) Considers Notice of Intended Action

The Administrative Rules Review Committee, which is 10 members of the Legislature (5 House, 5 Senate), reviews the Notice of Intended Action. The Department presents a summary of the proposed rules and answers questions from ARRC members. Public comment is allowed.

Step 6: Department Drafts Final Rules

The Department drafts final administrative rules for the State Board of Education’s consideration, along with the background, purpose, substance and fiscal impact of proposed rules. The Department considers any public comment the Department receives.

Step 7: State Board Adopts Final Rules

The State Board may act on the proposed rules 15 days after the close of the public comment period (and 35 days after the notice is published in the Iowa Administrative Bulletin). The State Board has 5 options:

1. Adopt the rules as noticed
2. Adopt rules without substantial changes
3. Make substantial changes and re-notice
4. Request additional public hearings
5. Take no action and let the Notice of Intended Action expire (180 days after publication of notice

Step 8: Adopted Final Rules Published in the Iowa Administrative Bulletin

Step 9: The ARRC Considers the Final Rules

ARRC reviews adopted rules. The Department presents a summary of the adopted rules, a summary of public comment and the Department’s response to that public comment, and answers questions from ARRC members. Public comment is allowed.  ARRC has several options at this stage.  The most commonly used options are:

• Take no action and allow the rules to go into effect
• Approve a “session delay”, which delays the effective date of the adopted rules until the end of the General Assembly’s next regular session
• Approve a day of the effective date of the adopted rules for 70 days
• Object to the adopted rules, which eliminates the presumption that the rule is legally valid if the rule is ever challenged in court
• Refer the adopted rule to the General Assembly.  This does not delay the effective date of the adopted rule, but it lets the legislature know it may want to act on the adopted rules.

View adopted Department of Education rules on the Administrative Rules website. By default, the page shows rules that are open for comment. Select “All” to view adopted rules in reverse chronological order.

Step 10:  Adopted Rules Become Effective

The earliest an adopted rule becomes effective is 35 days after the adopted rule was published in the Iowa Administrative Bulletin (Step 8).  The adopted rules may specify a later effective date.

Questions About the Rule Making?

If you have questions about the rule making process or particular rules, contact:

Administrative Rules Coordinator
Grimes State Office Building, Second Floor
400 E 14th Street
Des Moines, IA 50319-0416
Phone: 515-281-8661
Fax: 515-242-5988
Email: thomas.mayes@iowa.gov

Accommodation Requests

If you need reasonable accommodations because of a disability to participate in the rule making process, contact:

Administrative Rules Coordinator
Grimes State Office Building, Second Floor
400 E 14th Street
Des Moines, IA 50319-0416
Phone: 515-281-8661
Fax: 515-242-5988
Email: thomas.mayes@iowa.gov