15.1-34 Students With Disabilities Boarding Home Care
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shelter, security, and safety, on a twenty-four-hour basis, to an individual who has
reached the age of three years but who has not reached the age of twenty-one
before September 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.2."Department" means the department of human services.3."Family boarding home" means a private residence at which boarding home care is
regularly provided by the owner or lessee to no more than four students with
disabilities. The limit of four students may be exceeded if all the students boarding
at the home are related to each other by blood or marriage.4."Registration" means the process by which the department maintains a record of all
family boarding homes, prescribes standards and adopts rules under section
15.1-34-14, and requires the operator of a home to certify that the operator has
complied with the prescribed standards and adopted rules.5."Registration certificate" means a document issued by the department to provide
public notice that the certificate holder is in compliance with this chapter and the
applicable rules and standards prescribed by the department.6."Relative" means a grandparent, brother, sister, stepparent, stepsister, stepbrother,
uncle, or aunt of the student by marriage, blood, or adoption.15.1-34-02.Students with disabilities - Boarding home care - Registrationcertificate. A person may not establish or operate a family boarding home unless the person
first obtains a registration certificate from the department. This section does not apply if the
student's boarding and care are provided in:1.The home of a relative.2.A home or institution under the management and control of the state or the board of
a school district.3.A home providing "foster care for children" as defined in section 50-11-00.1.15.1-34-03. Registration certificate - Application.1.In order to obtain a registration certificate for a family boarding home, a person shall
complete an application form available from the department.2.The department may investigate the applicant's activities and may inspect the home
for which the registration is sought.3.The department shall grant the registration certificate within ten working days from
the date the department receives the application if:a.The home is in sanitary condition;Page No. 1b.The home is properly equipped to provide for the health and safety of student
boarders; andc.The individual in charge of the home and all assistants are qualified to fulfill the
duties required of them under this chapter and under any rules or standards
prescribed by the department.4.A registration certificate issued under this section is effective for up to two years.15.1-34-04. Boarding home fire inspection - Report. The state department of health,the state fire marshal, or a designee of the state fire marshal shall inspect any home for which a
registration certificate is sought if requested to do so by the department. The entity conducting
the inspection under this section shall prepare an inspection report and present the report to the
department.15.1-34-05. Boarding home - Conditions - Inspection - Investigation of owner oroperator. At any time, the department or its authorized agents may inspect the conditions of a
family boarding home and investigate the qualifications of the owner or operator.15.1-34-06. Conviction - Effect on registration - Exceptions. A person who has beenconvicted of an offense may not be disqualified from registration under this chapter, unless:1.The department determines that the offense has a direct bearing upon the person's
ability to serve the public as an owner or operator of a boarding home for students
with disabilities; or2.Following conviction for any offense, the department deems that the person is not
sufficiently rehabilitated under section 12.1-33-02.1.15.1-34-07.Registration certificate - Denial - Administrative hearing.If afterreviewing a person's application for a registration certificate the department elects to deny the
application, the department shall serve the applicant with notice of the denial and with the
reasons for the denial. The department shall hold an administrative hearing under chapter 28-32
regarding the person's application and its subsequent denial if requested to do so by the
applicant within ten days from the date on which the department served the notice of denial.15.1-34-08. Registration certificate - Information. The registration certificate mustindicate the name of the owner or operator of the boarding home, the location of the boarding
home, and the maximum number of students with disabilities who, at any one time, may board at
the home.15.1-34-09. Records - Maintenance - Examination. Any person to whom a registrationcertificate has been issued shall:1.Maintain records regarding each student for whom care is provided, as directed by
the department;2.Submit forms and other information regarding each student for whom care is
provided, as directed by the department; and3.Allow department personnel and authorized agents of the department to examine all
books, records, and reports regarding the home and each student for whom care is
provided.15.1-34-10.Records - Students - Confidentiality.All records and informationregarding a student for whom care is provided under this chapter are confidential and may be
disclosed only:1.As part of a judicial proceeding;Page No. 22.To officers of the law;3.To representatives of a governmental entity;4.To the parent of a student for whom care is provided under this chapter; and5.To any person who in the opinion of the department has, or may acquire, an
advocacy function on behalf of a student for whom care is provided under this
chapter.15.1-34-11.Registration certificate - Revocation.The department may revoke aregistration certificate issued under this chapter if:1.The home is in an unsanitary condition.2.The home is not properly equipped to provide for the health and safety of the
students.3.The individual in charge of the home and all assistants are not qualified to fulfill the
duties required of them under this chapter and under any rules adopted by the
department.4.The owner or operator does not comply with the standards prescribed by the
department.5.The registration certificate was issued as a result of an application that contained
fraudulent information or an untrue representation.6.The person to whom the registration certificate was issued violated a rule adopted
by the department.7.The person to whom the registration certificate was issued is found guilty of an
offense which, in the determination of the department, has a direct bearing upon the
person's ability to serve the public as an owner or operator of a boarding home for
students with disabilities.8.The person to whom the registration certificate was issued is found guilty of any
offense and the department determines that the person is not sufficiently
rehabilitated under section 12.1-33-02.1.15.1-34-12. Registration certificate - Revocation - Administrative hearing. Beforethe department may revoke a person's registration certificate, the department shall serve the
holder of the registration certificate with notice of the revocation and the grounds for the
revocation. The department shall hold an administrative hearing under chapter 28-32 regarding
the revocation of the person's registration certificate, if requested to do so by the holder of the
registration certificate within ten days from the date on which the department served the notice of
revocation.15.1-34-13.Student with disabilities - Placement by governmental entity -Requirements. A governmental entity may not provide for the placement of a student with
disabilities in a family boarding home unless the person operating the home:1.Has obtained a registration certificate; or2.Is exempt from the registration requirement under subsection 1 or 2 of section
15.1-34-02 and complies with all applicable standards and rules adopted by the
department.Page No. 315.1-34-14. Minimum standards - Rules - Inspection by governmental entity. Thedepartment may:1.Establish standards for the registration and operation of a family boarding home.2.Allow the application of alternate standards, if appropriate.3.Adopt rules governing the provision of boarding home care to students with
disabilities.4.Authorize a governmental entity to:a.Inspect any home for which a registration certificate is sought under this
chapter; andb.Certify that the home meets the requirements of this chapter and any standards
set by the department.15.1-34-15.Penalty.A person who violates this chapter is guilty of a class Bmisdemeanor.Page No. 4Document Outlinechapter 15.1-34 students with disabilities boarding home care