# Title 67 — Public Instruction, Superintendent of

## Article 67-23 — Special Education

## Chapter 67-23-01 — Comprehensive General Plan Requirements for Special Education Programs

Students With Disabilities
### § 67-23-01-01. Definitions.

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 has not reached the age of twenty-one before August
first of the year in which the individual turns twenty-one, and 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, deaf or hard of hearing, speech or language
impairment, visual impairment including blindness, emotional disability, orthopedic
impairment, autism, traumatic brain injury, other health impairment, specific learning
disability, deaf-blindness, or noncategorical delay.
History: Effective February 1, 2000; amended effective January 1, 2008; January 1, 2020; October 1,
2021; October 1, 2025.
General Authority: NDCC 15.1-32-09
Law Implemented: NDCC 15.1-32-01, 15.1-32-09; 20 U.S.C 1400-1419
### § 67-23-01-02. School district's comprehensive general plan requirements for education of

students with disabilities.
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.
History: Effective February 1, 2000.
General Authority: NDCC 15-59-04, 15-59-05, 15-59.2-01
Law Implemented: NDCC 15-59-05, 15-59.2-01, 15-59.2-02, 15-59.2-05; 20 USC 1400-1419
### § 67-23-01-03. Timelines - Exception to sixty-day time frame for initial evaluation.

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.
History: Effective October 1, 2009.
General Authority: NDCC 15.1-32-09
Law Implemented: NDCC 15.1-32; 20 USC 1414
