reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-09 - Monitoring

Current through Supplement No. 393, July, 2024
The department of public instruction shall conduct onsite
				  reviews of local agency program operations as specified by federal regulation
				  for the purpose of providing guidance and technical assistance to local agency
				  food service programs. All such reviews must include the assessment of claims
				  by the state agency for any overpayment and appropriate corrective
				  action.
General Authority:
NDCC 15.1-35-05,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01; 7 CFR 210;
					 42 USC 1769a
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-10 - Reimbursement claims

Current through Supplement No. 393, July, 2024
Local agencies are required to submit claims for
				  reimbursement using the basic claim for reimbursement form provided by the
				  department of public instruction. Such claims are due on the tenth day of the
				  month following the month of the claim.
General Authority:
NDCC 15.1-35-05,
					 28-32-02
Law Implemented:
NDCC 15.1-35-01;
					 42 USC
					 1769a
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-21 - School Food Programs › Chapter 67-21-10 - Fresh Fruit and Vegetable Program › Section 67-21-10-11 - Health and safety

Current through Supplement No. 393, July, 2024
The local agency food service program shall adhere to state
				  and local health and food safety requirements, as adopted by the North Dakota
				  state department of health, overviews of which are available from the
				  department of public instruction.
General Authority:
NDCC 15.1-35-03,
					 15.1-35-08, 28-32-02
Law Implemented:
NDCC 15.1-35-01
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-22 - Corrective Actions and Sanctions › Chapter 67-22-01 - Corrective Actions and Sanctions › Section 67-22-01-01 - Corrective actions and sanctions

Current through Supplement No. 393, July, 2024
A school district or organization must comply with all state
				  and federal laws. If the school district or organization violates any law and
				  does not take the necessary corrective actions to remedy the violation, the
				  department will impose sanctions. Examples of noncompliance for a school
				  district and organization include:
1.
				Failure to meet state school approval requirements as set out in North Dakota
				Century Code sections 15.1-06-04, 15.1-06-06, 15.1-06-09, 15.1-18-02,
				15.1-18-03, and 15.1-21-02.
2.
				Nonpayment of tuition as set out in North Dakota Century Code sections
				15.1-29-05 and 15.1-29-13 and subsection 5 of North Dakota Century Code section
				15.1-29-14.
3. Charging school
				fees contrary to law.
4. Failure
				to comply with federal program requirements, applicable grant award
				requirements whether by inference or reference to education, federal statutes
				in relation to education, or regulations or assurances required for education.
General Authority: NDCC 15.1-02-11, 15.1-32-09
Law Implemented: NDCC 15.1-02-11, 15.1-06-01, 15.1-32-09;
					 20 USC 1400 et seq.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-22 - Corrective Actions and Sanctions › Chapter 67-22-01 - Corrective Actions and Sanctions › Section 67-22-01-02 - Corrective actions and sanctions procedures

Current through Supplement No. 393, July, 2024
When a school district or organization violates one or more
				  provisions of law, the following procedures must be implemented:
1. The department shall notify the local
				board of education, or other governing board in writing by certified mail of
				the violation, with a copy to the district superintendent or organization
				administrator. The notification must include:
a. A description of the violation;
b. Corrective actions by the school or
				organization required to correct the violation; and
c. Timelines for completing the corrective
				actions.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-22 - Corrective Actions and Sanctions › Chapter 67-22-01 - Corrective Actions and Sanctions › Section 67-22-01-03 - Reconsideration of corrective actions and sanctions

Current through Supplement No. 393, July, 2024
A school district or organization may request reconsideration
				  of a corrective action or sanction. A request for reconsideration must be in
				  writing and must be received by the superintendent of public instruction within
				  three weeks of notification of the corrective action or sanction. Late requests
				  will not be considered. The reconsideration request must state the following:
1. The facts, law, or rule the school
				district or organization believes was erroneously interpreted or applied; and
2. The school district's or
				organization's arguments on how the facts, law, or rule should have been
				applied, giving specific reasons and thorough analysis.
The superintendent shall issue a final written response on
				  the reconsideration request within three weeks after receiving a
				  reconsideration request. The procedures of this section do not apply to
				  corrective actions and sanctions imposed by the department pursuant to a state
				  complaint investigation under part B of the Individuals With Disabilities
				  Education Act [ Pub.L. 108-446 ].
General Authority: NDCC 15.1-02-11, 15.1-32-09
Law Implemented: NDCC 15.1-02-11, 15.1-32-09; 20 USC
					 1221e-3; 20 USC 1400 et seq.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-01 - Comprehensive General Plan Requirements for Special Education Programs › Section 67-23-01-02 - School district's comprehensive general plan requirements for education of students with disabilities

Current through Supplement No. 393, July, 2024
Each school district in the state shall have a comprehensive
				  general plan for the education of students with disabilities between the ages
				  of three and twenty-one who reside in that district. The plan must:
1. Be filed with the superintendent of public
				instruction; and
2. Describe the
				multidistrict special education unit organizational and services plan or the
				organization of services for a single-district special education unit,
				including:
a. Description of the
				organization, including participating school districts in multidistrict special
				education units;
b. Structure and
				organization of the board;
c.
				Powers and duties of the board;
d.
				Monetary policies including fiscal management and method of apportioning
				administrative and program costs;
e. Procedures for withdrawing from or joining
				a multidistrict unit, not including single district units;
f. Services description;
g. Unit or district policies and procedures
				for implementing the provisions of state law and the Individuals With
				Disabilities Education Act; and
h.
				Letters of agreement from participating school districts, not including
				single-district units.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-01 - Comprehensive General Plan Requirements for Special Education Programs › Section 67-23-01-03 - Timelines - Exception to sixty-day timeframe for initial evaluation

Current through Supplement No. 393, July, 2024
The district must evaluate a referred child within sixty
				  calendar days after obtaining parental consent for the evaluation unless:
1. An extension is necessary because
				of extreme weather that prevented or interfered with the evaluation and the
				extreme weather condition is documented; or
2. Either party establishes to the
				satisfaction of the department that access to a qualified evaluator is so
				limited that the evaluation cannot occur in the initial sixty days.
The evaluation period, including an extension for the
				  circumstances described above, may not exceed ninety calendar days.
General Authority: NDCC 15.1-32-09
Law Implemented: NDCC 15.1-32; 20 USC
					 1414
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-02 - State Funding for Special Education › Section 67-23-02-01 - Definition

Current through Supplement No. 393, July, 2024
As used in this chapter, "contract for services" means a
				  contract between the resident district and another school district or an
				  organization outside the local education agency for services to a student with
				  disabilities.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59-05; 20 USC 1400 -
					 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-02 - State Funding for Special Education › Section 67-23-02-02 - Costs for educating students with disabilities

Current through Supplement No. 393, July, 2024
The resident district must pay the cost of special education
				  and related services required by law for the student with disabilities.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59, 15-59-05; 20 USC 1400 -
					 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-02 - State Funding for Special Education › Section 67-23-02-03 - Conditions for contracted services

Current through Supplement No. 393, July, 2024
1. A
				resident district may enter into a contract for services for students with
				disabilities if all of the following requirements are met:
a. The lEP team has developed an lEP and
				determined that the least restrictive environment for the education of the
				student with disabilities is not available in the neighborhood school of the
				resident district.
b. Another
				setting is available for education in the least restrictive environment in
				another district or other setting in North Dakota or another state.
c. The curriculum and educational services
				provided in the least restrictive setting are approved by the superintendent.
				The resident district must notify the superintendent in writing and submit the
				proper forms. The forms must be complete and include the proper signatures.
				Sections g and j of the student's current lEP must also be submitted to the
				department with the contract.
d.
				The school district is able to assure the superintendent that alternative
				public school placements in the state were investigated and that the alternate
				setting selected is accredited, nonprofit, and nonsectarian and has proper
				facilities and services for the education of the student. Assurance is made by
				completing the contract form with required signatures.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-02 - State Funding for Special Education › Section 67-23-02-04 - Costs allowed under school-placed contracts for students with disabilities attending an in-state private school or an out-of-state public or private school

Current through Supplement No. 393, July, 2024
1. Costs allowed
				under school-placed contracts for students with disabilities partially
				reimbursable from state special education funds include:
a. Boarding care costs, including:
(1) Room costs;
(2) Nursing service;
(3) Child care;
(4) Central services and supply;
(5) Dietary services;
(6) Plant operation;
(7) Building maintenance and grounds;
(8) Housekeeping;
(9) Laundry and linen;
(10) Depreciation; and
(11) Insurance.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-02 - State Funding for Special Education › Section 67-23-02-05 - Paraeducators

Current through Supplement No. 393, July, 2024
The full cost of a one-on-one paraeducator or aide can be
				  claimed as an allowable cost under a school-placed contract if the paraeducator
				  is with the student with disabilities exclusively throughout a schoolday. If a
				  paraeducator has other duties, then the percentage of time and cost on the
				  contract needs to be adjusted accordingly. The requirements and standards for a
				  paraeducator are specified in chapter 67-11-14.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59-05, 15-59-06, 15-59-07; 20 USC
					 1400 - 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-02 - State Funding for Special Education › Section 67-23-02-06 - Special education boarding care placement and reimbursement

Current through Supplement No. 393, July, 2024
Educational boarding care placement for a student with
				  disabilities may be accomplished only through the recommendation of the lEP
				  team and in the circumstance when a student cannot be transported daily to and
				  from the home due to distance traveled. Boarding care placement must be in a
				  state-registered home or institution. Boarding care for a child may occur in
				  state but out of unit, within unit but out of district, or out of state.
				  Reimbursement is requested by the resident district through the local education
				  agency for eighty percent of the cost of boarding care for the student. The
				  cost reimbursement may be applied for using a form available from the
				  department.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59-05, 15-59-07.2, 15-59.3-03; 20
					 USC 1400 - 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-02 - State Funding for Special Education › Section 67-23-02-07 - Costs not allowed under school-placed contracts

Current through Supplement No. 393, July, 2024
Costs not allowed under school-placed contracts for students
				  with disabilities are:
1. Medical
				services provided by a physician beyond diagnostic procedures;
2. Drugs and medication;
3. Incidental fees or personal equipment that
				are the responsibility of the parents of the students such as eyeglasses, a
				prosthesis, textbook deposits, or driver's education fees; and
4. Staff expenses including staff:
a. Travel;
b. Education and training;
c. Libraries; and
d. Audiovisual supplies.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-03 - Federal Funding for Special Education › Section 67-23-03-01 - Definition

Current through Supplement No. 393, July, 2024
As used in this chapter, "excess costs" means those costs
				  that are in excess of the average annual student expenditure in a local
				  education agency during the preceding school year for an elementary or
				  secondary school student.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59, 15-59-05; 20 USC 1400 -
					 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-03 - Federal Funding for Special Education › Section 67-23-03-02 - Application for federal funds under part B of IDEA

Current through Supplement No. 393, July, 2024
To apply for available federal funds, each district shall
				  file forms provided by the department relative to the December child count
				  requirement, the IDEA data reports, and the application form prescribed by the
				  department.
1. The December child
				count requirement means reporting students who have an IEP, individualized
				service plan, or service plan for home education, and are receiving special
				education and related services as of December first of the current
				year.
2. The IDEA data reports mean
				the following:
a. Data on each student who
				exited special education during the past year; and
b. A report on special education and related
				services personnel needed and employed.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-03 - Federal Funding for Special Education › Section 67-23-03-03 - Recovery of funds for misclassified children under part B of IDEA

Current through Supplement No. 393, July, 2024
1. The department
				shall seek to recover any funds made available under part B of IDEA as amended
				for services to any child who has been determined erroneously classified as
				eligible to be counted through the December first child count.
2. The department shall use the following
				procedures for implementing and monitoring child count:
a. The department shall review annually the
				federal part B of IDEA regulations for conducting a statewide child count;
b. The department shall send
				letters annually explaining December first child count procedures as required
				by part B of IDEA to all special education units;
c. Each local education agency shall respond
				to the request by submitting required data in an electronic format specified by
				the department;
d. Each individual
				responsible for collecting child count information shall verify to the best of
				the individual's knowledge that the child count is a true, accurate count by
				submitting a sworn affidavit;
e.
				Data must be edited through computer checks as well as visual scanning to
				identify errors. Each apparent error must be checked with the local education
				agency from which it was submitted and changes entered into a statewide child
				count data base;
f. The department
				shall compile all child count information on a federally required reporting
				form;
g. Child count information
				must be submitted by special education units for analysis and comparison of
				data to other records collected by the department containing numbers of served
				students with disabilities; and
h.
				The department must monitor procedures to verify accuracy of special education
				unit child counts as follows:
(1) A sample of
				students from the current child count must be selected, with an attempt made to
				include all categories of disability;
(2) The files of the selected students must
				be reviewed onsite for timeliness and completeness; and
(3) Evidence of student eligibility must be
				based on the following criteria:
(a) The lEP
				must have been in effect and the child with disabilities receiving special
				education and related services at the time of the child count;
(b) That the child with disabilities has been
				evaluated and determined to be a child with a disability eligible to receive
				special education and related services; and
(c) That the student was enrolled in school
				at the time of the child count.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-03 - Federal Funding for Special Education › Section 67-23-03-04 - Authorized use of part B of IDEA funds

Current through Supplement No. 393, July, 2024
1. After the special education unit has
				documented through an amendment to its current approved plan and on its part B
				of IDEA application for federal funds that it has met the excess costs and
				maintenance of effort requirements, the part B funds may be used for whatever
				special services and activities are necessary to meet the requirements of part
				B of the Individuals With Disabilities Education Act.
2. For purposes of this section, maintenance
				of effort means that funds provided to a local education agency under part B of
				IDEA may not be used to reduce the level of expenditures for the education of
				children with disabilities made by the local education agency from local funds
				below the level of those expenditures for the preceding fiscal year.
3. Any other use of funds under part B of
				IDEA unless expressly authorized by the department or the United States
				department of education is prohibited.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59-05, 15-59-05.1, 15-59-05.2; 20
					 USC 1400 - 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-03 - Federal Funding for Special Education › Section 67-23-03-05 - Excess cost requirement under part B of IDEA

Current through Supplement No. 393, July, 2024
1. The excess cost requirement means that the
				local education agency must spend a certain minimum amount, as specified in
				part B of IDEA and as calculated in section 67-23-03-06, for the education of
				its disabled children before IDEA part B funds may be used.
2. After a local education agency has shown
				on an annual amendment to its current approved plan that, on the average, it
				has spent the minimum for the education of its children with disabilities, the
				local education agency has met the excess cost requirement and all additional
				costs are excess costs.
3. Part B
				of IDEA funds may then be used to pay for those additional costs.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59-05, 15-59-05.1, 15-59-05.2; 20
					 USC 1400 - 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-03 - Federal Funding for Special Education › Section 67-23-03-06 - Recordkeeping for funds under part B of IDEA

Current through Supplement No. 393, July, 2024
A local educational agency shall keep records to show that it
				  has spent at least the minimum amount or average amount determined through the
				  formula process on the education of its students with disabilities. The formula
				  process to determine the minimum or average amount is as follows:
1. Add all local educational agency
				expenditures in the preceding year, except capital outlay and debt service;
2. Subtract federal, state, and
				local funds spent in the preceding year for three categories of children
				disabled, educationally deprived, and bilingual; and
3. Divide the result by the average daily
				membership of students enrolled in the local educational agency, computing
				elementary and secondary into different computations.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59-05, 15-59-05.1, 15-59-05.2; 20
					 USC 1400 - 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-03 - Federal Funding for Special Education › Section 67-23-03-07 - School district or organization opportunity for hearing under part B of IDEA

Current through Supplement No. 393, July, 2024
1. When a school
				district or organization has been notified that it is not compliant and is not
				eligible for funding under part B of IDEA, the school district or organization
				may request an opportunity for a hearing.
2. The request must be in writing to the
				superintendent within thirty days of the date of the department's notice of
				noncompliance and must include a description of the violation, corrective
				action required by the department, and the relief sought by the applicant.
3. The withholding of funding
				under part B of IDEA specified in the department's original notice must remain
				in effect as identified in the notice.
4. Upon receipt of the hearing request, the
				department will request the assignment of an administrative law judge from the
				North Dakota office of administrative hearings. The administrative law judge
				may modify, suspend, or keep in effect the withholding of funding under part B
				of IDEA specified in the original notice to the school district or organization
				until after the hearing and final decision.
5. Any final decision of the administrative
				law judge, which must contain findings of fact and reasons for the ruling, must
				be issued within thirty days of the request for a hearing, unless all parties
				are in agreement to a request for extension of the timeline.
General Authority: NDCC 15-59-05
Law Implemented: NDCC 15-59-05, 15-59-05.1, 15-59-05.2; 20
					 USC 1413(c)(d)
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-05 - Special Education Dispute Resolution › Section 67-23-05-01 - Dispute resolution options under part B of IDEA

Current through Supplement No. 393, July, 2024
Federal law sets out the procedures for the following special
				  education dispute resolution options: mediation, state complaint investigation,
				  and due process. Specific information on these options may be found in the
				  Individuals With Disabilities Education Improvement Act of 2004,
				  Public Law
				  108-446 [118 Stat. 2647],
				  20 U.S.C.
				  1400 to
				  1419; at federal
				  regulations implementing IDEA at 34 CFR part 300; and at the department's web
				  site at
https://www.nd.gov/dpi/education-programs/special-education
.
General Authority:
NDCC 15.1-32-09
Law Implemented:
NDCC 15.1-32-02, 15.1-32-08,
					 15.1-32-12;
					 20 USC 1415
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-05 - Special Education Dispute Resolution › Section 67-23-05-02 - Due process hearing under part B of IDEA

Current through Supplement No. 393, July, 2024
1. A due process hearing request must be made
				to:
Director of Special Education
North Dakota Department of Public Instruction
600 East Boulevard Avenue, Dept. 201
Bismarck, ND 58505-0440
2. An administrative law judge from the
				office of administrative hearings shall conduct the due process hearing.
General Authority: NDCC 15.1-32-09
Law Implemented: NDCC 15.1-32-02; 20 USC
					 1415
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-05 - Special Education Dispute Resolution › Section 67-23-05-03 - Facilitated lEP meeting

Current through Supplement No. 393, July, 2024
A school or a parent of a student with a disability may
				  request a facilitated individualized education program meeting in the form and
				  manner prescribed by the department. A facilitated lEP meeting may be requested
				  after an individualized education program meeting has occurred in which a
				  facilitator did not participate. If both the school and a parent of a student
				  with a disability agree to participate in a facilitated individualized
				  education program meeting, the department shall select and compensate a
				  facilitator for the meeting. A person eligible to act as a facilitator must be
				  knowledgeable and experienced in the lEP planning process, unaffiliated with
				  any party, and neutral. The facilitator guides the lEP meeting to ensure that
				  the meeting is focused on the student. The facilitator does not make decisions
				  and does not provide legal advice.
General Authority: NDCC 15.1-32-09
Law Implemented: NDCC 15.1-32-02, 15.1-32-08,
					 15.1-32-12
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-06 - Response to Intervention › Section 67-23-06-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, the following definitions apply:
1. "Evidence-based practices" includes educational practices
				  and instructional strategies that are supported by relevant scientific research
				  studies.
2. "Fidelity of implementation" means:
a. In the case of evidence-based practices, consistent and
				  accurate implementation of a program following the program developer's
				  specifications; and
b. In the case of the components of the response to
				  intervention framework, that all components are implemented in accordance with
				  nationally approved standards and the North Dakota department of public
				  instruction.
3. "Progress monitoring" and "standard protocol" means
				  scientifically based processes used to monitor implementation of interventions
				  by assessing a child's academic performance and evaluating the effectiveness of
				  the instruction received by the child.
4. "Universal screening" means a screening protocol is
				  provided to all children at a grade level. It is the first stage in identifying
				  or predicting children who may be at risk for poor learning outcomes.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400 -
					 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-06 - Response to Intervention › Section 67-23-06-02 - Use of response to intervention by local education agencies

Current through Supplement No. 393, July, 2024
1. A local
				education agency may adopt a response to intervention process and may choose to
				use the process to determined if a child has a specific learning disability
				consistent with 34 CFR 300.301-311. Prior to implementation of response to
				intervention during the evaluation of a student suspected of having a specific
				learning disability, a local education agency must demonstrate the completeness
				of its response to intervention process through:
a. Evidence of training in the components of
				the response to intervention framework;
b. Adoption of evidence-based curriculum,
				instruction, and interventions; and
c. Demonstration that its response to
				intervention process includes screening, diagnostic and progress monitoring
				assessments, and other elements of an approved national standard for the
				components of the framework.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-06 - Response to Intervention › Section 67-23-06-03 - Response to intervention - Components

Current through Supplement No. 393, July, 2024
Response to intervention is a schoolwide system designed to
				  meet the needs of students using a tiered framework. Using response to
				  intervention to evaluate for special education eligibility is one component of
				  an overall system implementation process that includes leadership,
				  communication with and involvement of parents, professional development, and
				  fidelity of implementation of the process across all tiers. It is consistent
				  with nationally recognized procedures and includes the following components:
1. Screening of all students that
				will identify students at risk of poor learning outcomes or challenging
				behaviors;
2. A multilevel
				prevention and intervention framework that is implemented schoolwide and is
				designed to prevent school failure;
3. Progress monitoring that is ongoing,
				occurs frequently, and is used to quantify rates of improvement and inform
				instructional practice and development of individualized programs; and
4. A data-based decisionmaking
				process that informs instruction, movement from tier to tier, and
				identification of children with specific learning disabilities.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400 -
					 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-06 - Response to Intervention › Section 67-23-06-04 - Parental notification

Current through Supplement No. 393, July, 2024
1. At the
				start of each school year, a local education agency using response to
				intervention to identify children with specific learning disabilities must
				provide parents with a description of the school's essential components of
				response to intervention.
2. Each
				school or district will have a mechanism for updating parents on the progress
				of their child who is receiving primary, secondary, or tertiary interventions.
3. Parents must be involved during
				the decisionmaking regarding participation of their child in the multilevel
				prevention and intervention framework.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400 - 1419; 34
					 CFR 300.311
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-06 - Response to Intervention › Section 67-23-06-05 - Eligibility determination for a specific learning disability

Current through Supplement No. 393, July, 2024
A local education agency determination that a child has a
				  specific learning disability includes the results of supplemental instruction
				  as demonstrated by written documentation describing:
1. The nature of the child's achievement
				concerns and lack of progress;
2.
				Documentation, including data from interventions;
3. An explanation of the scientifically
				research-based practices used in the determination;
4. An explanation of the exclusionary factors
				that are not related to a learning disability but may impinge on the child's
				performance; and
5. The need for
				special education.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400 -
					 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-06 - Response to Intervention › Section 67-23-06-06 - When evaluation is required

Current through Supplement No. 393, July, 2024
A local education agency must conduct an evaluation:
1. When a preponderance of the evidence
				indicates the child is not responding to interventions and a disability is
				suspected; or
2. When a parent
				requests an evaluation, unless the local education agency determines an
				evaluation is not warranted and gives the parent written notice of its
				determination.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400 -
					 1419
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-07 - Postsecondary Transition Programs › Section 67-23-07-01 - Definition

Current through Supplement No. 393, July, 2024
A "postsecondary transition program" is a degree,
				  certificate, or nondegree program at an accredited postsecondary institution
				  that is designed to support students with an intellectual or developmental
				  disability who are seeking to continue academic, career and technical, and
				  independent living instruction. The program must be consistent with the federal
				  Higher Education Opportunity Act requirements for the degree, certificate, or
				  program.
General Authority:
NDCC 15.1-32-09,
					 15.1-32-21.1, 28-32-02
Law Implemented:
NDCC 15.1-32-21.1,
					 Pub. L.
					 110-315
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-07 - Postsecondary Transition Programs › Section 67-23-07-02 - Description of program

Current through Supplement No. 393, July, 2024
A postsecondary transition program:
1. Serves students with intellectual
				disabilities or developmental disabilities who:
a. Are at least eighteen years of age but
				have not reached the age of twenty-two;
b. Have graduated from high school in the
				state or obtained an equivalent degree; and
c. Enroll in a postsecondary transitional
				program at an institution of higher education;
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-23 - Special Education › Chapter 67-23-07 - Postsecondary Transition Programs › Section 67-23-07-03 - Grant payments for postsecondary transition programs

Current through Supplement No. 393, July, 2024
1. In order to
				receive integrated formula payments as described in North Dakota Century Code
				section 15.1-32-21.1, postsecondary transition programs must be:
a. Proven to be successful for students with
				intellectual and developmental disabilities; and
b. An established program with evidence of
				results.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-24 - Summer Elementary School Programs › Chapter 67-24-01 - Summer Elementary School Programs › Section 67-24-01-01 - Eligibility and application

Current through Supplement No. 393, July, 2024
A school district must apply for and receive approval from
				  the superintendent of public instruction for a summer elementary grades
				  kindergarten through four school program or summer elementary grades five
				  through eight school program. To be considered by the superintendent, an
				  application must be received by the department fifteen days prior to the start
				  of the program.
General Authority:
NDCC 15.1-27-19
Law Implemented:
NDCC 15.1-21-16,
					 15.1-27-19
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-24 - Summer Elementary School Programs › Chapter 67-24-01 - Summer Elementary School Programs › Section 67-24-01-03 - Courses - Summer elementary school grades kindergarten through four program

Current through Supplement No. 393, July, 2024
The delivery of courses in the summer elementary school
				  grades kindergarten through four program must be developmentally appropriate
				  instruction in reading and mathematics, which enables students to achieve
				  challenging academic standards. All courses in the summer elementary school
				  grades kindergarten through four program must meet the following
				  criteria:
1. Each course must be part
				of the elementary curriculum as adopted by the school board and must be offered
				and available to all elementary students.
2. Each course must be selected from courses
				listed in the department of public instruction's course codes and descriptions
				available on the department's website.
3. Teachers must be licensed to teach or
				approved to teach in accordance with North Dakota Century Code section
				15.1-06-06.
General Authority:
NDCC 15.1-27-19
Law Implemented:
NDCC 15.1-06-06, 15.1-21-16,
					 15.1-27-19
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-24 - Summer Elementary School Programs › Chapter 67-24-01 - Summer Elementary School Programs › Section 67-24-01-03.1 - Courses - Summer elementary school grades five through eight program

Current through Supplement No. 393, July, 2024
The delivery of courses provided to students enrolled in
				  grades five through eight may include mathematics, reading, science, and social
				  studies. All courses offered to students enrolled in grades five through eight
				  must:
1. Be part of the grades five
				through eight school curriculum as adopted by the school board and must be
				offered and available to all grades five through eight school
				students.
2. Be selected from
				courses listed in the department of public instruction's course codes and
				descriptions available on the department's website.
3. Be taught by teachers licensed to teach or
				approved to teach in accordance with North Dakota Century Code section
				15.1-06-06.
General Authority:
NDCC 15.1-27-19
Law Implemented:
NDCC 15.1-21-16,
					 15.1-27-19
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-24 - Summer Elementary School Programs › Chapter 67-24-01 - Summer Elementary School Programs › Section 67-24-01-04 - Scheduling

Current through Supplement No. 393, July, 2024
Summer elementary school grades kindergarten through four
				  programs and summer elementary grades five through eight school programs must
				  be conducted between the closing date of the regular school year and the
				  beginning date of the next regular school year.
1. Elementary students must be enrolled:
a. For a minimum of sixty hours in
				mathematics;
b. For a minimum of
				sixty hours in reading; or
c. For a
				minimum of thirty hours in mathematics and thirty hours in reading.
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-24 - Summer Elementary School Programs › Chapter 67-24-01 - Summer Elementary School Programs › Section 67-24-01-05 - Students

Current through Supplement No. 393, July, 2024
Students must be in kindergarten through grade eight based
				  upon the grade they have actually attained at the time the course is taken for
				  the district to qualify for proportionate payments.
1. Any grade kindergarten through four
				student is eligible to attend summer school reading or mathematics.
2. Any grade five through eight student is
				eligible to attend summer school reading, mathematics, science, and social
				studies.
3. No more than
				twenty-five students may be served by one licensed teacher in grades
				kindergarten through four courses.
4. No more than twenty-five students may be
				served by one licensed teacher in summer school grades five through eight
				reading, mathematics, science, or social studies courses.
General Authority:
NDCC 15.1-27-19
Law Implemented:
NDCC 15.1-21-16,
					 15.1-27-06(6), 15.1-27-19
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-24 - Summer Elementary School Programs › Chapter 67-24-01 - Summer Elementary School Programs › Section 67-24-01-06 - Monitoring

Current through Supplement No. 393, July, 2024
The department of public instruction may monitor the summer
				  programs by conducting onsite visits.
General Authority: NDCC 15.1-27-19
Law Implemented: NDCC
					 15.1-27-19
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-24 - Summer Elementary School Programs › Chapter 67-24-01 - Summer Elementary School Programs › Section 67-24-01-07 - Cooperative programs

Current through Supplement No. 393, July, 2024
School districts may develop cooperative programs with other
				  school districts. Documentation of tuition agreements must be completed and
				  approved by the districts involved prior to the start of the summer program and
				  must be available for review by department monitors.
General Authority: NDCC 15.1-27-19
Law Implemented: NDCC
					 15.1-27-19
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-24 - Summer Elementary School Programs › Chapter 67-24-01 - Summer Elementary School Programs › Section 67-24-01-08 - Payments

Current through Supplement No. 393, July, 2024
Summer school payments will be made through the state school
				  aid system based on the number of full-time equivalent students enrolled in
				  summer courses multiplied by the weight for summer education programs in North
				  Dakota Century Code section 15.1-27-03.1. Full-time equivalent students are
				  determined for all courses by dividing the total membership hours by one
				  hundred twenty hours and multiplying by .25.
General Authority: NDCC 15.1-27-19
Law Implemented: NDCC 15.1-21-16, 15.1-27-03.1,
					 15.1-27-19
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-28 - English Language Learner Programs › Chapter 67-28-01 - English Language Learner Programs › Section 67-28-01-01 - Responsibilities of all school districts

Current through Supplement No. 393, July, 2024
Every school district shall:
1. Provide a written assurance to the
				department that it has a policy for providing alternative language services in
				compliance with North Dakota Century Code chapter 15.1-38, regarding English
				language learner instruction. The assurance must be made in the form and manner
				and at intervals prescribed by the department.
2. Designate a program representative who
				serves as a contact for English language learner student services and data. The
				school district must report the designated program representative's status in a
				manner and at intervals prescribed by the department, consistent with the
				department's fall reporting requirements.
3. Develop a plan to identify and assess the
				language proficiency of students who have a primary language other than English
				or come from an environment in which a language other than English
				significantly impacts the student's level of English language proficiency. The
				plan must incorporate participation in the North Dakota English language
				proficiency assessment program and the North Dakota state assessment program
				for academic achievement.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-38-01,
					 15.1-38-02
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-28 - English Language Learner Programs › Chapter 67-28-01 - English Language Learner Programs › Section 67-28-01-02 - Options for compliance

Current through Supplement No. 393, July, 2024
A school district may choose one of the following options as
				  a means of complying with the requirements of this chapter:
1. The school district may adopt and
				implement its own program;
2. The
				school district may participate in a program through a multidistrict
				association; or
3. The school
				district may pay tuition and other costs as agreed to by cooperating districts
				for its English language learners to participate in the program of another
				school district or multidistrict association of school districts.
A school district or multidistrict association of school
				  districts may consider providing services through any delivery method not
				  contrary to state law that is consistent with the program model adopted by the
				  school district or multidistrict association of school districts and may
				  consider providing services by means of classroom or individual instruction and
				  distance learning options, including interactive video and computer
				  instruction.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 15.1-38-01
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-28 - English Language Learner Programs › Chapter 67-28-01 - English Language Learner Programs › Section 67-28-01-03 - Assessment of English language learners - Classification

Current through Supplement No. 393, July, 2024
1. The assessment process shall follow the
				North Dakota English language proficiency assessment program. The English
				language proficiency assessment process must be supervised by a teacher of
				English as a second language or a bilingual education teacher. A school
				district may use a screening protocol prior to conducting the assessment.
				Criteria for the screening protocol may include observation, a checklist,
				writing samples, and other indicators of language proficiency.
2. The assessment process will result in
				classification of the student by determining whether the student has
				preliterate - level I, beginning - level II, intermediate - level III, basic -
				level IV, or proficient - level V English language skills.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-38-01, 15.1-38-02,
					 15.1-38-03
North Dakota Administrative Code › Title 67 - Public Instruction, Superintendent of › Article 67-28 - English Language Learner Programs › Chapter 67-28-01 - English Language Learner Programs › Section 67-28-01-04 - Eligibility for English language learner services

Current through Supplement No. 393, July, 2024
To be eligible for English language learner services, a
				  student must:
1. Be at least five
				years of age, but must not have reached the age of twenty-two;
2. Be enrolled in a school district in North
				Dakota;
3. Have a primary language
				other than English or come from an environment in which a language other than
				English significantly impacts the individual's level of English language
				proficiency; and
4. Have
				difficulty speaking, reading, writing, and understanding English as shown by
				assessment results.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-27-12, 15.1-38-01,
					 15.1-38-02