# Title 25 — Mental and Physical Illness or Disability

## Chapter 25-07 — Education of Deaf Persons

### § 25-07-01. School for the deaf - Maintained - Location - Purpose.

There must be maintained at Devils Lake, in Ramsey County, a school for the deaf, which
may provide education and training and serve as a resource and referral center for individuals
who are deaf or hearing impaired.
### § 25-07-01.1. School for the deaf - Appointment of superintendent, budget, staff, and

reporting structure.
The superintendent of the school for the deaf is appointed by and reports to the
superintendent of public instruction. The school for the deaf must have a separate budget and
separate staff from the department of public instruction.
### § 25-07-02. Superintendent - Special duties.

The superintendent of the school for the deaf may also act as superintendent of the North
Dakota vision services - school for the blind.
### § 25-07-02.1. Criminal history record checks.

The school for the deaf may require any employee, final applicant for employment, or any
individual otherwise providing services to the school to submit to a statewide and nationwide
criminal history record check. The nationwide criminal history record check must be conducted
in the manner provided in section 12-60-24. The school for the deaf may assess all costs
associated with obtaining a criminal history record check to the individual upon whom the
criminal history record check is conducted.
### § 25-07-03. Matron - Duties.

Repealed by S.L. 1971, ch. 274, § 3.
### § 25-07-04. Qualifications for admission to school for the deaf - Residents of state

entitled to free education.
1. A child who is a resident of this state and who, because of deafness or a hearing
impairment, is unable to receive an education in the public schools, is entitled to attend
the school for the deaf at the expense of the state. A child is entitled to attend the
school at any age up to twenty-one.
2. The school for the deaf shall provide application forms upon request. A child may not
be admitted to the school until the child's application is completed and approved.
3. The school for the deaf shall provide transportation to any child who has been
admitted, in accordance with the child's individual education plan.
4. Any child who is a resident of this state and who is deaf or hearing impaired is entitled
to receive special education and related services in accordance with the child's
individual education program. Each individual education program must address the
child's academic, recreational, and leisure needs, as well as the acquisition of
independent living skills and career and technical education opportunities.
### § 25-07-05. Admission of nonresidents.

A child who is deaf or hearing-impaired but who is not a resident of this state may be
admitted to the school for the deaf, provided the annual cost of the child's education, as
determined by the superintendent of public instruction, is paid on behalf of the child in advance
of the child's admission and on a yearly basis thereafter. The school may not admit a child who
is not a resident of this state to the exclusion of a child who is a resident of this state.

### § 25-07-06. Instruction at school for the deaf.

The superintendent of the school for the deaf shall provide special education and related
services designed to meet the unique needs of each child who is deaf or hearing impaired, in
accordance with the child's individual education program.
### § 25-07-07. Transportation of indigent children to and from school for deaf.

Repealed by S.L. 1979, ch. 336, § 3.
### § 25-07-08. Clothing may be furnished when necessary - Accounts for clothing.

The school for the deaf shall provide clothing to a child who is enrolled in the school if the
child does not have suitable clothing. If the child is a minor, the school shall charge the child's
parent or legal guardian for any clothing provided to the child under this section and shall
charge the individual for any clothing provided to the individual under this section if the
individual has reached the age of majority. If the superintendent certifies any charges under this
section as being correct, the charges are presumed correct in all courts.
### § 25-07-09. Collection of clothing account.

Repealed by S.L. 1999, ch. 106, § 18.
### § 25-07-10. Deaf persons - Duty to report.

It is the duty of every public school superintendent, physician, otologist, audiologist, nurse,
clinic, hospital, and social and welfare agency in this state to report in writing to the
superintendent of the North Dakota school for the deaf the name, age, and residence of persons
under the age of twenty-one years who are deaf or hard of hearing, and in such cases to furnish
such additional pertinent information as the superintendent of the North Dakota school for the
deaf may request. All reports must be forwarded to said superintendent of the school for the
deaf within thirty days after diagnosis, examination, or discovery.
### § 25-07-11. Home intervention program.

The school for the deaf may provide a home intervention program for children who are
under the age of five and who are deaf or hearing impaired. The program must include
information, counseling services, auditory training, and basic language development instruction
for the parents of such children. This home intervention program must be carried out by college
or university trained teachers of the deaf, speech pathologists, or audiologists.
### § 25-07-12. Provision of services - Collaboration - Competition.

The school for the deaf may collaborate with public and private entities for the provision of
services to individuals who are deaf or hearing impaired. The school for the deaf may not
compete with any public or private entity offering the same services within a region.
### § 25-07-13. School for the deaf fund.

The school for the deaf fund is a special fund in the state treasury. All moneys received
pursuant to section 2 of article IX of the Constitution of North Dakota and all revenues received
from the lease of buildings and the provision of meals and services, including interpreter
services, must be deposited in the fund. Moneys in the fund are to be used pursuant to
legislative appropriation for provision of services under this chapter.
