North Dakota Administrative Code

distribution. Tribal organizations are eligible to receive United States department of agriculture foods that are made available under the Food and Nutrition Act of 2008. Shipments of United States department of agriculture foods to tribal organizations must be made under the ter…

Within the United States department of agriculture, the food and nutrition service determines if an Indian tribal organization is capable of effective and efficient administration of the program. If the food and nutrition service determines the Indian tribal organization is not c…

The department of public instruction shall conduct annual onsite reviews of tribal organization program operations, as specified in the federal regulations, for the purpose of providing guidance and technical assistance to local agencies. All reviews must ensure tribal organizati…

The department shall reimburse tribal organizations not considered to be Indian tribal organizations for costs that are allowable under federal rule 7 CFR 253.11, in accordance with the approved tribal organization budget. The department also shall use administrative funds to cov…

The emergency food assistance program, initiated at the federal level and in partnership with the states, authorizes the receipt and distribution of United States department of agriculture foods by state agencies to eligible local emergency feeding organizations. History: Effecti…

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program for local agencies that wish to participate. History: …

Unless otherwise specified in this chapter, eligibility to participate in the emergency food assistance program is governed by federal rules. The local program shall conform to lawfully issued rules and policies relating to the food distribution program. History: Effective Februa…

distribution. Emergency feeding organizations are eligible to receive United States department of agriculture foods that are made available under sections 202 and 214 of the Emergency Food Assistance Act of 1983. The availability and control of donated commodities must be in acco…

Local agencies and programs eligible for participation in the emergency food assistance program are public and nonprofit private organizations that have entered into an agreement with the department of public instruction to provide nutrition assistance to relieve situations of em…

The department of public instruction shall conduct onsite reviews of local agency and subrecipient agency program operations, as specified in the federal regulations, for the purpose of providing guidance and technical assistance to local agencies. All reviews must ensure local a…

Repealed effective January 1, 2020.

The department of public instruction shall provide administrative payments to emergency feeding organizations to support expenses associated with the storage and further distribution of United States department of agriculture foods. Administrative funds are allocated to participa…

The commodity supplemental food program, initiated at the federal level and in partnership with the states, authorizes the receipt and distribution of United States department of agriculture foods by state agencies to eligible local agencies. History: Effective January 1, 2020. G…

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program for local agencies that wish to participate in this ma…

Unless otherwise specified in this chapter, eligibility to participate in the commodity supplemental food program is governed by federal rules. The local program shall conform to lawfully issued rules and policies relating to the food distribution program. History: Effective Janu…

distribution. Local agencies are eligible to receive United States department of agriculture foods that are made available under the Agriculture and Consumer Protection Act of 1973 and the Agricultural Act of 2014. The availability and control of donated United States department …

Local agencies and programs eligible for participation in the commodity supplemental food program are public and nonprofit private organizations that have entered an agreement with the department of public instruction to provide nutrition assistance to low-income elderly persons.…

The department of public instruction shall conduct onsite reviews of local agency program operations, as specified in the federal regulations, for the purpose of providing guidance and technical assistance to local agencies. All reviews must ensure local agencies meet program req…

The department of public instruction shall provide administrative payments to local agencies to support expenses associated with the storage and further distribution of United States department of agriculture foods. Administrative funds are allocated to participating local agenci…

The fresh fruit and vegetable program, initiated at the federal level and in partnership with the states, is designed to provide free fresh fruits and vegetables to students in participating elementary schools during the school day at times other than breakfast, lunch, or after s…

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program. History: Effective January 1, 2020. General Authority…

Unless otherwise specified in this chapter, eligibility to participate in the fresh fruit and vegetable program is governed by federal regulations. The local program shall conform to lawfully issued rules and policies relating to the federal fresh fruit and vegetable program. His…

Local agencies eligible for participation in the fresh fruit and vegetable program include: 1. Educational units of elementary school grade, recognized as part of the educational system in the state; 2. Schools must participate in the national school lunch program to operate the …

Local educational agencies must submit a fresh fruit and vegetable application that includes: 1. The total number of enrolled children; 2. The percentage of children certified as eligible for free and reduced-price meals; 3. A certification of support for participation of the fre…

Before making decisions regarding school participation in the program, the state agency shall inform the schools within the state with the highest proportion of free and reduced-price meal eligibility, including Native American schools, of the eligibility of the schools for the p…

If selected to participate in the program, a school shall widely publicize within the school the availability of free fresh fruits and vegetables under the program. History: Effective January 1, 2020. General Authority: NDCC 15.1-35-03, 28-32-02 Law Implemented: NDCC 15.1-35-01; …

The per-student grant provided to a school is determined by the state agency and may not be less than fifty dollars, nor more than seventy-five dollars. History: Effective January 1, 2020. General Authority: NDCC 15.1-35-03, 28-32-02 Law Implemented: NDCC 15.1-35-01; 7 CFR 210.9;…

The department of public instruction shall conduct onsite reviews of local agency program operations as specified by federal regulation for the purpose of providing guidance and technical assistance to local agency food service programs. All such reviews must include the assessme…

Local agencies are required to submit claims for reimbursement using the basic claim for reimbursement form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim. History: Effective January 1, 2020. Ge…

The local agency food service program shall adhere to state and local health and food safety requirements, as adopted by the North Dakota state department of health, overviews of which are available from the department of public instruction. History: Effective January 1, 2020. Ge…

A school district or organization must comply with all state and federal laws. If the school district or organization violates any law and does not take the necessary corrective actions to remedy the violation, the department will impose sanctions. Examples of noncompliance for a…

When a school district or organization violates one or more provisions of law, the following procedures must be implemented: 1. The department shall notify the local board of education, or other governing board in writing by certified mail of the violation, with a copy to the dis…

A school district or organization may request reconsideration of a corrective action or sanction. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within three weeks of notification of the corrective action or sanct…

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. "Individ…

students with disabilities. Each school district and public charter school 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 or attend the public charter school…

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 documen…

As used in this chapter, "contract for services" means a contract between the resident district and another school district or an organization outside the local education agency for services to a student with disabilities or a significant medical condition. History: Effective Feb…

medical condition. The resident district must pay the cost of special education and related services required by law for the student with disabilities or the student with a significant medical condition. History: Effective February 1, 2000; amended effective October 1, 2024. Gene…

medical condition. A resident district may enter a contract for services for students with disabilities or students with a significant medical condition if all of the following requirements are met: 1. The IEP or 504 team has developed an educational plan and determined that the …

medical condition. 1. A school district making the school placement of a student with disabilities or significant medical condition shall: a. Participate in development of the educational planning for the student; b. Evaluate the alternate program as defined in subdivision b of s…

disabilities or students with a significant medical condition attending an in-state private or public school or an out-of-state public or private school. 1. Excess costs allowed under school-placed contracts for students with disabilities or students with a significant medical co…

The full cost of a paraprofessional, speech-language pathology paraprofessional, registered behavior technician, and special education may be claimed as an allowable cost under a school-placed contract as defined in the student's educational plan. History: Effective February 1, 2…

with disabilities or students with a significant medical condition. Educational boarding care placement for a student with disabilities or a student with a significant medical condition may be accomplished only through the recommendation of the IEP or 504 team. Boarding care plac…

Costs not allowed under contracts for school-placed students with disabilities or students with a significant medical condition are: 1. Medical services provided by a physician beyond diagnostic procedures; 2. Drugs and medication; 3. Incidental fees or personal equipment that ar…

As used in this chapter, "excess costs" means those costs that are in excess of the average annual student expenditure in a local education agency during the preceding school year for an elementary or secondary school student. History: Effective February 1, 2000. General Authorit…

To apply for available federal funds, each district shall file forms provided by the department relative to the December child count requirement, the IDEA data reports, and the application form prescribed by the department. 1. The December child count requirement means reporting …

1. The department shall seek to recover any funds made available under part B of IDEA as amended for services to any child who has been determined erroneously classified as eligible to be counted through the December first child count. 2. The department shall use the following pr…

1. After the special education unit has documented through an amendment to its current approved plan and on its part B of IDEA application for federal funds that it has met the excess costs and maintenance of effort requirements, the part B funds may be used for whatever special …

1. The excess cost requirement means that the local education agency must spend a certain minimum amount, as specified in part B of IDEA and as calculated in section 67-23-03-06, for the education of its disabled children before IDEA part B funds may be used. 2. After a local edu…

A local educational agency shall keep records to show that it has spent at least the minimum amount or average amount determined through the formula process on the education of its students with disabilities. The formula process to determine the minimum or average amount is as fo…