# Title 67 — Public Instruction, Superintendent of

## Article 67-23 — Special Education

## Chapter 67-23-06 — Response to Intervention

### § 67-23-06-01. Definitions.

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.
History: Effective July 1, 2012.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400-1419
### § 67-23-06-02. Use of response to intervention by local education agencies.

1. A local education agency may adopt a response to intervention process and may choose to
use the process to determine 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.
2. The local education agency must provide documentation:
a. Of the time and frequency of the interventions;

b. That the programs used are evidence-based;
c. That the programs are implemented with fidelity; and
d. That the procedures are periodically reviewed and updated based on the evidence
collected regarding their effectiveness in improving student achievement.
History: Effective July 1, 2012.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400-1419
### § 67-23-06-03. Response to intervention - Components.

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.
History: Effective July 1, 2012.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400-1419
### § 67-23-06-04. Parental notification.

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.
History: Effective July 1, 2012.
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
### § 67-23-06-05. Eligibility determination for a specific learning disability.

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.
History: Effective July 1, 2012.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400-1419
### § 67-23-06-06. When evaluation is required.

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.
History: Effective July 1, 2012.
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400-1419
