North Dakota Administrative Code

1. When a school district or organization has been notified that it is not compliant and is not eligible for funding under part B of IDEA, the school district or organization may request an opportunity for a hearing. 2. The request must be in writing to the superintendent within …

Federal law sets out the procedures for the following special education dispute resolution options: mediation, state complaint investigation, and due process. Specific information on these options may be found in the Individuals With Disabilities Education Improvement Act of 2004…

1. A due process hearing request must be made to: Director of Special Education North Dakota Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440 2. An administrative law judge from the office of administrative hearings shall conduct the d…

A school or a parent of a student with a disability may request a facilitated individualized education program meeting in the form and manner prescribed by the department. A facilitated IEP meeting may be requested after an individualized education program meeting has occurred in…

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 …

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…

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, com…

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 distri…

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: 2 1. The nature of the child's achievement concerns and lack of progress; 2. Documentation,…

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 evaluatio…

A "postsecondary transition program" is a degree, certificate, or nondegree program at an accredited postsecondary institution that is designed to support students with an intellectual or developmental disability who are seeking to continue academic, career and technical, and ind…

A postsecondary transition program: 1. Serves students with intellectual disabilities or developmental disabilities who: a. Are at least eighteen years of age but have not reached the age of twenty-two; b. Have graduated from high school in the state or obtained an equivalent deg…

1. In order to receive integrated formula payments as described in North Dakota Century Code section 15.1-32-21.1, postsecondary transition programs must be: a. Proven to be successful for students with intellectual and developmental disabilities; and b. An established program wi…

A school district must apply for and receive approval from the superintendent of public instruction for a summer elementary grades kindergarten through four school program or summer elementary grades five through eight school program. To be considered by the superintendent, an ap…

Repealed effective January 1, 2010.

program. The delivery of courses in the summer elementary school grades kindergarten through four program must be developmentally appropriate instruction in reading and mathematics, which enables students to achieve challenging academic standards. All courses in the summer elemen…

The delivery of courses provided to students enrolled in grades five through eight may include mathematics, reading, science, and social studies. All courses offered to students enrolled in grades five through eight must: 1. Be part of the grades five through eight school curricu…

Summer elementary school grades kindergarten through four programs and summer elementary grades five through eight school programs must be conducted between the closing date of the regular school year and the beginning date of the next regular school year. 1. Elementary students …

Students must be in kindergarten through grade eight based upon the grade they have actually attained at the time the course is taken for the district to qualify for proportionate payments. 2 1. Any grade kindergarten through four student is eligible to attend summer school readi…

The department of public instruction may monitor the summer programs by conducting onsite visits. History: Effective February 1, 2000; amended effective November 1, 2002; October 1, 2006. General Authority: NDCC 15.1-27-19 Law Implemented: NDCC 15.1-27-19

School districts may develop cooperative programs with other school districts. Documentation of tuition agreements must be completed and approved by the districts involved prior to the start of the summer program and must be available for review by department monitors. History: E…

Summer school payments will be made through the state school aid system based on the number of full-time equivalent students enrolled in summer courses multiplied by the weight for summer education programs in North Dakota Century Code section 15.1-27-03.1. Full-time equivalent s…

Every school district shall: 1. Provide a written assurance to the department that it has a policy for providing alternative language services in compliance with North Dakota Century Code chapter 15.1-38, regarding English language learner instruction. The assurance must be made …

A school district may choose one of the following options as a means of complying with the requirements of this chapter: 1. The school district may adopt and implement its own program; 2. The school district may participate in a program through a multidistrict association; or 3. …

1. The assessment process shall follow the North Dakota English language proficiency assessment program. The English language proficiency assessment process must be supervised by a teacher of English as a second language or a bilingual education teacher. A school district may use…

To be eligible for English language learner services, a student must: 1. Be at least five years of age, but must not have reached the age of twenty-two; 2. Be enrolled in a school district in North Dakota; 3. Have a primary language other than English or come from an environment …

1. The school shall convene a team of persons to review the language and educational needs of each student whose assessment results show the student is eligible for English language learner services. The team may be known as the "language support team". The team shall include a t…

An English language learner program must: 1. Provide alternative language instruction that is based on research and effective practice; 2. Provide an alternative language curriculum, including materials and resources, that is based on North Dakota English language proficiency and…

1. The department of public instruction administers English language learner programs, including distribution of state funding, monitoring of school programming, coordinating the English language learner program advisory committee, providing consultative services and technical as…

1. To be eligible for payment for an English language learner program, a school district must provide a program of instruction for English language learners that meets the requirements of this chapter. The school district must also submit an application in the form and manner pre…

The purpose of the armed first responder program is to give local school boards the ability to decide if an armed first responder will be a part of their school safety plan. The armed first responder program may include an individual carrying a concealed firearm or dangerous weap…

Any public or nonpublic school wanting to participate, with permission and approval from their school board or governing body, shall submit a letter of intent to the superintendent of public instruction indicating its intent to participate in an armed first responder program. His…

The letter of intent must be comprised of a short statement that describes the school's intention to participate in the implementation of an armed first responder program and official approval of the school board or governing board. Meeting minutes that include discussion and app…

1. Within ninety days of submitting the letter of intent pursuant to section 67-29-01-03, the submitting school shall submit a proposed plan to the superintendent of public instruction. The proposed plan must be mailed or submitted by electronic mail to the director of the office…

An individual selected to become an armed first responder for a school participating in the program: 1. Must be a law enforcement officer who has retired within the previous three years or completed the training, education, and firearm qualifications necessary to return to employ…

1. Prior to submission for final approval, the plan must be approved by local law enforcement. Upon completion of all required criteria and receipt of approval from local law enforcement, the plan must be submitted to the superintendent of public instruction for final approval. T…

1. Any change to an approved plan relating to the individual designated by the school to serve as an armed first responder under the plan or to the location of a lockbox on school property must be reported by the school to local law enforcement no later than the next business day…

1. Any public or nonpublic school with an approved armed first responder program shall submit program evaluation data to the superintendent of public instruction upon request. 2. Each year, within thirty days prior to the anniversary of the effective date of an approved plan, the…

As used in this chapter: 1. "Cancel hours of instruction" means that a school district or nonpublic school has decided not to hold in-person instruction for all or part of a previously scheduled school day. This may include one or more students not being able to attend school due…

If the board of a school district or governing board of a nonpublic school that operates a physical plant chooses to provide virtual instruction when the decision is made to cancel hours of instruction because of weather or other conditions, that board shall adopt a local policy …

1. In order to receive average daily membership payments for days covered under this chapter, school districts shall provide virtual instruction based on the policy approved by the local school board or governing board of a nonpublic school. 1 2. The school district shall determi…

At the conclusion of each school year, the school district or nonpublic school shall report in the manner required by the superintendent of public instruction the days in which virtual instruction was provided under this chapter. History: Effective January 1, 2022. General Author…

As used in this chapter: 1. "Academic pacing guide" means a document created or adopted by the school district or nonpublic school which outlines the amount of course content covered during each portion of the school year. 2. "Educational equity" means every student has access to…

1. If the board of a school district or governing board of a nonpublic school that operates a physical plant chooses to provide virtual instruction under North Dakota Century Code sections 15.1-06-04 and 15.1-07-25.4 as part of a virtual school, that board shall adopt a local pol…

Local policy regarding virtual schools must address: 1. Procedures for transferring into or out of the virtual school. 2. Procedures for engaging parents or legal guardians to assist in making the decision to enroll students in the virtual school. 1 3. Attendance policies for the…

1. No later than June first prior to the school year that a virtual school is to begin operating, the board of the school district or governing board of a nonpublic school shall submit the following to the superintendent of public instruction: a. Approved school board minutes est…

Virtual schools shall measure student attendance based on course content that the student has completed according to academic pacing guides. Academic pacing guides, as well as the amount of content that is comparable to a day of instruction, must be determined at the discretion o…

When operating a virtual school, the board of a school district or governing board of a nonpublic school shall address how quality virtual instruction is being provided through adoption of quality virtual learning standards. History: Effective January 1, 2022. General Authority: …

1. "Comprehension" means the process by which a reader thinks about written language to extract and construct meaning through integration with the reader's prior knowledge and experiences. 2. "Fluency" means the ability to read accurately, with expression, and at a rate that supp…

1. Pursuant to subsection 2 of North Dakota Century Code section 15.1-21-12.1, beginning with the 2022-23 school year, each teacher and principal serving students in grades kindergarten through three in a public or nonpublic school shall have attended teacher-approved professiona…