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 67-23-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article, the following definitions
				  apply:
1. "Individualized education
				program" or "IEP" means a written statement for each child with a disability
				that is developed, reviewed, and revised in accordance with the IDEA section
				614(d) [
				20
				U.S.C. 1414(d) ].
2. "Individuals With Disabilities Education
				Act" or "IDEA" means the Individuals With Disabilities Education Improvement
				Act of 2004, Public Law
				108-446 [118 Stat. 2647; 20 U.S.C. 1400-1420
				].
3. "Least restrictive
				environment" means that to the maximum extent appropriate, children with
				disabilities are educated with children who are not disabled and special
				classes, separate schooling, or other removal of children with disabilities
				from the regular educational environment occurs only when the nature or
				severity of the disability of a child is such that education in regular classes
				with the use of supplementary aids and services cannot be achieved
				satisfactorily.
4. "Local education
				agency" means a school district, multidistrict special education unit organized
				under North Dakota Century Code chapter 15.1-33, or other legally constituted
				public authority for administrative control or direction of, or to perform a
				service function for, public elementary or secondary schools.
5. "Multidisciplinary team" means a team of
				professionals and parents which develops an IEP for a student with
				disabilities.
6. "Multidistrict
				special education unit" means a public corporation organized under North Dakota
				Century Code chapter 15.1-33 for purposes of planning and delivering special
				education and related services.
7.
				"Nonsectarian" means not affiliated with or restricted to a particular
				religion.
8. "Organization"
				includes school districts, multidistrict local education agencies, child care
				centers, vocational education centers, private or public residential
				facilities, counties, and nonprofit agencies.
9. "Related services" means transportation
				and developmental, corrective, or supportive services needed to help a student
				with disabilities to benefit from special education.
10. "Resident district" means the school
				district of residence of the student as determined by law.
11. "Special education unit" means a
				single-district special education unit or a multidistrict special education
				unit.
12. "Student with
				disabilities" or "child with disabilities" means an individual who:
a. Is at least three years of age but who has
				not reached the age of twenty-one before August first of the year in which the
				individual turns twenty-one, and who because of mental, physical, emotional, or
				learning characteristics requires regular or special education and related
				services designed to meet the individual's educational needs; and
b. Is an individual with intellectual
				disability, hearing impairment including deafness, speech or language
				impairment, visual impairment including blindness, emotional disturbance,
				orthopedic impairment, autism, traumatic brain injury, other health impairment,
				specific learning disability, deaf-blindness, or multiple
				disabilities.