15.1-32 Special Education
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<![CDATA[CHAPTER 15.1-32SPECIAL EDUCATION15.1-32-01. Definitions. As used in this chapter:1."Related services" means transportation and developmental and corrective or<br>supportive services required to assist a student with disabilities to benefit from<br>special education.2."Special education" means instruction designed to meet the needs of a student with<br>disabilities, transportation, and corrective and supporting services required to assist<br>a student with disabilities in taking advantage of, or responding to, educational<br>programs and opportunities.3."Student who is gifted" means an individual who is identified by qualified<br>professionals as being capable of high performance and who needs educational<br>programs and services beyond those normally provided in a regular education<br>program.4.a."Student with a disability" means an individual who is at least three years of age<br>but who has not reached the age of twenty-one before September first of the<br>year in which the individual turns twenty-one and who requires special<br>education and related services because of:(1)Mental retardation;(2)A hearing impairment, including deafness;(3)Deaf-blindness;(4)A speech or language impairment;(5)A visual impairment, including blindness;(6)An emotional disturbance;(7)An orthopedic impairment;(8)Autism;(9)A traumatic brain injury;(10)Other health impairment; or(11)A specific learning disability.b."Student with a disability" includes a student age eighteen through twenty-one<br>who is incarcerated in an adult correctional facility and who, in the last<br>educational placement prior to incarceration, was identified as being a student<br>with a disability and did not have an individualized education program or was<br>identified as being a student with a disability and had an individualized<br>education program.15.1-32-02.Coordination of special education policies and programs.Thesuperintendent of public instruction shall establish, within the provisions of this chapter, general<br>state policy regarding special education and shall endeavor to ensure a cooperative special<br>education program coordinating all available services. The superintendent of public instructionPage No. 1shall cooperate with private agencies and solicit their advice and cooperation in the<br>establishment of policy and in the coordination and development of special education programs.15.1-32-03.Interagencycooperativeagreements-Developmentandimplementation.The superintendent of public instruction shall develop and implementinteragency agreements with the department of corrections and rehabilitation, the department of<br>human services, the state department of health, and other public and private entities to maximize<br>the state resources available for fulfilling the educationally related service requirements of Public<br>Law No. 94-142 [89 Stat. 773] and section 504 of the Rehabilitation Act of 1973, as amended.15.1-32-04. Institutions not supervised by public school authorities - Rules. Thesuperintendent of public instruction shall adopt rules governing special education programs in<br>institutions that are supported in whole or in part by the state, but which are not supervised by<br>public school authorities.The rules must be similar to those established for the delivery ofspecial education in a public school.15.1-32-05. Special education - Cooperation among agencies. The superintendent ofpublic instruction, the state department of health, and the department of human services shall<br>cooperate in planning and coordinating early intervention programs for individuals under the age<br>of three.15.1-32-06. Director of special education. The superintendent of public instructionshall employ a qualified director of special education and any necessary assistants.15.1-32-07.Director of special education - Assistance to school districts.Thedirector of special education shall assist school districts with the development and administration<br>of special education programs.15.1-32-08. School districts - Provision of special education. Each school districtshall provide special education and related services as a single district, as a member of a<br>multidistrict special education unit in accordance with chapter 15.1-33, or as a participating<br>district in a regional education association under chapter 15.1-09.1. Each school district and<br>entity providing special education shall cooperate with the director of special education and with<br>the institutions of this state in the provision of special education.15.1-32-09.Superintendent of public instruction - Rules.The superintendent ofpublic instruction shall adopt rules for the provision of special education to students with<br>disabilities and for the administration of this chapter.15.1-32-10.Gifted students.A school district may provide special education tostudents who are gifted.15.1-32-11. School district records - Students with disabilities. Each school districtshall make and keep current a record of all students with disabilities who are residents of the<br>district.15.1-32-12. Multidisciplinary teams - Individualized education programs - Servicesplans. If a school district has evidence of a student's disability, the school district shall convene<br>a multidisciplinary team consisting of educational professionals, medical professionals, and the<br>student's parent to share assessment information related to the student's suspected disability. If<br>necessary, the team shall develop an individualized education program or services plan and<br>make recommendations for the delivery of special education and related services to the student.15.1-32-13. Related services - Insurance options - School district responsibility.Each school district shall require that all family insurance options be exhausted in paying the<br>costs of determining a student's medically related disability and in paying for the provision of<br>related services to the student, provided there is no financial loss to the student or the student's<br>parent. The school district is responsible for all costs not covered by the family's insurance.Page No. 215.1-32-14. Special education students - Contracts for placement.1.If in the opinion of an individualized education program team or a services plan team<br>a student is unable to attend a public school in the special education unit to which<br>the student's school district of residence belongs, the student's school district of<br>residence shall contract with another public school that:a.Does not belong to the same special education unit;b.Is located in this state;c.Is willing to admit the student; andd.Is able to provide appropriate services to the student.2.The superintendent of public instruction shall approve in advance the terms of the<br>contract and the services to be provided by the admitting school.3.The contract must provide that the student's school district of residence is liable for<br>the cost of educating the student.4.Upon being notified by the district in which the student receives services that the<br>student's school district of residence has not paid for services that were provided to<br>the student, the superintendent of public instruction, after verification, shall withhold<br>all state aid payments to which the student's school district of residence is entitled,<br>until the required payments have been made.15.1-32-15.Student with disabilities - Attendance at private institution orout-of-state public school.1.If in the opinion of an individualized education program team or an education<br>services team a student is unable to attend a public school in the student's school<br>district of residence because of a physical disability, a mental disability, or a learning<br>disability, and if no public school in the state will accept the student and provide the<br>necessary services, the student's school district of residence shall contract with:a.A private, accredited, nonsectarian, nonprofit institution that is located within or<br>outside of this state and which has the proper facilities for the education of the<br>student; orb.A public school located outside of this state that has proper facilities for the<br>education of the student.2.The superintendent of public instruction shall approve in advance the terms of the<br>contract and the services to be provided by the admitting institution or school.3.The contract must provide that the student's school district of residence is liable for<br>the cost of educating the student.4.A student who receives services under this section is deemed to be enrolled in the<br>student's school district of residence for purposes of determining average daily<br>membership.15.1-32-16. Transportation services. If a student's individualized education program orservices plan requires the provision of transportation services, the student's school district of<br>residence shall provide the services by any reasonably prudent means, including a regularly<br>scheduled schoolbus, public transit, commercial transportation, chartered or other contracted<br>transportation, and transportation provided by the student's parent or other responsible party.Page No. 315.1-32-17. Extended educational program. A student with disabilities is entitled to aneducational program that extends beyond the normal school calendar if the student's<br>individualized education program team or services team determines that regression would be<br>caused by an interruption in the student's educational program and that the student's limited<br>recoupment capacity makes it impossible or unlikely that the student will attain the level of<br>self-sufficiency and independence from caretakers which the student would otherwise be<br>expected to reach.15.1-32-18. Cost - Liability of school district for special education.1.Each year the superintendent of public instruction shall identify the approximately<br>one percent of special education students statewide who are not eligible for cost<br>reimbursement under section 15.1-29-14 and who require the greatest school district<br>expenditures in order to provide them with special education and related services.<br>This percentage represents the number of students that would qualify for excess<br>cost reimbursement beyond the multiplier that is established in subsection 3.2.The excess costs of providing special education and related services to these<br>students are the responsibility of the state and the superintendent of public<br>instruction shall reimburse the school districts for any excess costs incurred in the<br>provision of special education and related services to the identified students.3."Excess costs" are those that exceed four times the state average cost of education<br>per student and which are incurred by the special education students identified in<br>subsection 1.4.All costs of providing special education and related services to those students<br>identified in subsection 1, other than excess costs reimbursed by the state, are the<br>responsibility of the student's school district of residence.5.In addition to any other reimbursements provided under this section, if a school<br>district expends more than two percent of its annual budget for the provision of<br>special education and related services to one student, the district shall notify the<br>superintendent of public instruction.Upon verification, the superintendent shallreimburse the district for the difference between:a.Two percent of the district's annual budget; andb.The lesser of:(1)The amount actually expended by the district for the provision of special<br>education and related services to that student; or(2)The amount representing four times the state average cost of education<br>per student.15.1-32-19.Boarding care costs - Reimbursement of school district.Thesuperintendent of public instruction, within the limits of legislative appropriation, shall reimburse a<br>student's school district of residence an amount equal to eighty percent of the room and board<br>costs paid for a student with disabilities who is placed in a facility located outside of the student's<br>school district of residence in order to receive special education services not available within the<br>student's school district of residence. The student's school district of residence is liable for any<br>room and board costs in excess of those reimbursed as provided in this section. The placement<br>of a student with disabilities in a public or private facility will be made by a school district. The<br>placement of a student with disabilities in congregate care will be made in a facility designated by<br>the department of human services.15.1-32-20. School district financing - Levy. The board of a school district may budgetan amount from the school district general fund for its special education program. With approvalPage No. 4by a majority of the board, the school board may levy a tax pursuant to subdivision d of<br>subsection 1 of section 57-15-14.2 for the purpose of carrying out a special education program,<br>separately or jointly with other school districts.15.1-32-21. Federal aid for special education.1.The superintendent of public instruction may apply for, receive, and administer<br>federal aid available for the provision of special education services to students.2.The superintendent may expend any federal aid received in the administration of this<br>chapter within the limits of legislative appropriations.3.School districts and multidistrict special education units are deemed to be local<br>education agencies for purposes related to the funding of special education services<br>within the limits of legislative appropriations.4.North Dakota vision services - school for the blind, the school for the deaf, the<br>developmental center at westwood park, Grafton, the youth correctional center, and<br>the state hospital may apply for, receive, and administer federal aid and may expend<br>federal aid within the limits of legislative appropriations.15.1-32-22.Right to educational services - Attorney's fees.In any judicialproceeding to enforce the rights of an individual with disabilities to receive educational services,<br>the court may award reasonable attorney's fees and costs to a prevailing parent or to the<br>individual with disabilities.15.1-32-23. Special education teachers - Credentialing process. The superintendentof public instruction may not change the credentialing process for special education teachers as it<br>is in effect on July 1, 2001, without first convening a meeting to include representatives of the<br>North Dakota council of education leaders, the council of exceptional children, the North Dakota<br>education association, and the North Dakota school boards association. The purpose of the<br>meeting is to receive comments regarding the proposed changes, the applicability of the<br>proposed changes, including the scheduling, the manner of implementation, associated costs,<br>and the short-term and long-term effects of the proposed changes. If, within thirty days after the<br>date of the meeting, members of any two representative groups present at the meeting object in<br>writing to the proposed changes, the superintendent may not implement the proposed changes<br>before July 1, 2003.15.1-32-24. Noncategorical delay. If an individual who is at least three years of age butless than ten years of age exhibits a developmental profile in which cognitive, fine motor, vision,<br>hearing,communication,preacademic,socialization, or adaptive skill acquisitions aresignificantly below that of same-age peers, and if the individual needs special education and<br>related services, the school district may determine that the individual is a student with a disability<br>as a result of a noncategorical delay.Page No. 5Document Outlinechapter 15.1-32 special education]]>