Title 15.1 — Elementary and Secondary Education
44 chapters · 615 sections in this title.
N.D.C.C. § 15.1-32-01 Definitions
2.1K chars
As used in this chapter: 1. "Major life activities" include learning, walking, talking, breathing, and caring for oneself. 2. "Related services" means transportation and developmental and corrective or supportive services required to assist a student with disabilities to benefit …
N.D.C.C. § 15.1-32-02 Coordination of special education policies and programs
0.5K chars
The superintendent of public instruction shall establish, within the provisions of this chapter, general state policy regarding special education and shall endeavor to ensure a cooperative special education program coordinating all available services. The superintendent of public…
N.D.C.C. § 15.1-32-03 Interagency cooperative agreements - Development and implementation
0.4K chars
The superintendent of public instruction shall develop and implement interagency agreements with the department of corrections and rehabilitation, the department of health and human services, and other public and private entities to maximize the state resources available for fulf…
N.D.C.C. § 15.1-32-04 Institutions not supervised by public school authorities - Rules
0.3K chars
The superintendent of public instruction shall adopt rules governing special education programs in institutions that are supported in whole or in part by the state, but which are not supervised by public school authorities. The rules must be similar to those established for the d…
N.D.C.C. § 15.1-32-05 Special education - Cooperation among agencies
0.2K chars
The superintendent of public instruction and the department of health and human services shall cooperate in planning and coordinating early intervention programs for individuals under the age of three.
N.D.C.C. § 15.1-32-06 Director of special education
0.1K chars
The superintendent of public instruction shall employ a qualified director of special education and any necessary assistants.
N.D.C.C. § 15.1-32-07 Director of special education - Assistance to school districts
0.1K chars
The director of special education shall assist school districts with the development and administration of special education programs.
N.D.C.C. § 15.1-32-08 School districts - Provision of special education
0.5K chars
Each school district shall provide special education and related services as a single district, as a member of a multidistrict special education unit in accordance with chapter 15.1-33, or as a participating district in a regional education association under chapter 15.1-09.1. Ea…
N.D.C.C. § 15.1-32-09 Superintendent of public instruction - Rules
0.2K chars
The superintendent of public instruction shall adopt rules for the provision of special education to students with disabilities and for the administration of this chapter.
N.D.C.C. § 15.1-32-10 Gifted students
0.1K chars
A school district may provide special education to students who are gifted.
N.D.C.C. § 15.1-32-11 School district records - Students with disabilities
0.7K chars
Each school district shall make and keep current a record of all students with disabilities who are residents of the district. 15.1-32-12. Multidisciplinary teams - Individualized education programs - Services plans. If a school district has evidence of a student's disability, th…
N.D.C.C. § 15.1-32-13 Related services - Insurance options - School district responsibility
0.4K chars
Each school district shall obtain parental consent before accessing any family insurance options, whether public or private, to pay for the cost of determining a student's medically related disability and to pay for the provision of related services to the student, provided there…
N.D.C.C. § 15.1-32-14 High-cost students
2.3K chars
1. If in the opinion of an individualized education program team or a services plan team a student with a disability or a student with a significant medical condition is unable to attend a public school in the student's school district of residence, the student's school district …
N.D.C.C. § 15.1-32-16 Transportation services
0.4K chars
If a student's individualized education program or services plan requires the provision of transportation services, the student's school district of residence shall provide the services by any reasonably prudent means, including a regularly scheduled schoolbus, public transit, co…
N.D.C.C. § 15.1-32-17 Extended educational program
2.5K chars
A student with disabilities is entitled to an educational program that extends beyond the normal school calendar if the student's individualized education program team or services team determines that regression would be caused by an interruption in the student's educational prog…
N.D.C.C. § 15.1-32-19 Boarding care costs - Reimbursement of school district
0.8K chars
The superintendent of public instruction shall reimburse a student's school district of residence an amount equal to eighty percent of the room and board costs paid by the district for a student with disabilities who is placed in a facility that is located either within or outsid…
N.D.C.C. § 15.1-32-20 School district financing - Levy
0.0K chars
Repealed by S.L. 2015, ch. 137, § 38.
N.D.C.C. § 15.1-32-21 Federal aid for special education
0.8K chars
1. The superintendent of public instruction may apply for, receive, and administer 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 chapter within the limits …
N.D.C.C. § 15.1-32-21.1 Postsecondary transitional grant program - Students
1.1K chars
The superintendent of public instruction shall provide integrated formula payments to postsecondary transitional programs for eligible students enrolled in a postsecondary transitional program within the state at the rate provided under section 15.1-27-04.1. For purposes of this …
N.D.C.C. § 15.1-32-22 Right to educational services - Attorney's fees
0.2K chars
In any judicial proceeding to enforce the rights of an individual with disabilities to receive educational services, the court may award reasonable attorney's fees and costs to a prevailing parent or to the individual with disabilities.
N.D.C.C. § 15.1-32-23 Special education teachers - Credentialing process
0.0K chars
Repealed by S.L. 2017, ch. 129, § 8.
N.D.C.C. § 15.1-32-24 Noncategorical delay
0.5K chars
If an individual who is at least three years of age but less than ten years of age exhibits a developmental profile in which cognitive, fine motor, vision, hearing, communication, preacademic, socialization, or adaptive skill acquisitions are significantly below that of same-age …
N.D.C.C. § 15.1-32-25 Reading screening
2.2K chars
Repealed by S.L. 2023, ch. 169, § 4. 15.1-32-26. Dyslexia screening and intervention - Report to legislative management - Professional development. 1. For purposes of this section, "dyslexia" means a specific learning disability that is neurobiological in origin and characterized…
N.D.C.C. § 15.1-33-01 Multidistrict special education unit - Corporation
0.2K chars
Each multidistrict special education unit is a body corporate and has all the powers and duties usual to corporations for public purposes or as conferred upon it by law.
N.D.C.C. § 15.1-33-02 Multidistrict special education units - School district participation
0.5K chars
A school district may join a multidistrict special education unit or together with other school districts form a multidistrict special education unit for purposes of planning and delivering special education and related services. If a school district wishes to join a multidistric…
N.D.C.C. § 15.1-33-03 Multidistrict special education unit - Organizational plan - Contents
0.5K chars
Each multidistrict special education unit shall maintain an organizational plan on file with the superintendent of public instruction. The organizational plan must include: 1. A list of the unit's board members. 2. A description of how each school district is represented on the b…
N.D.C.C. § 15.1-33-04 Multidistrict special education unit - Board member appointments
0.1K chars
The organizational plan of each multidistrict special education unit must provide for the manner in which board members are appointed.
N.D.C.C. § 15.1-33-05 Multidistrict special education unit - Board members - Compensation
0.6K chars
The board of each multidistrict special education unit shall set a level of compensation for services payable to its members, provided that no member may receive more than one thousand dollars annually for this purpose. In addition to compensation for services, each member may be…
N.D.C.C. § 15.1-33-06 Withdrawal from a multidistrict program
0.6K chars
In order for a school district to withdraw from a multidistrict special education unit, the following must occur on or before March first before the school year for which the withdrawal is to be effective: 1. The board of the withdrawing school district shall approve the withdraw…
N.D.C.C. § 15.1-33-07 Multidistrict special education unit - Board - Preparation of annual plan
0.3K chars
The board of a multidistrict special education unit shall prepare, on behalf of the participating school districts, an annual plan regarding the provision of special education and related services and shall submit the plan to the superintendent of public instruction for approval.
N.D.C.C. § 15.1-33-08 Multidistrict special education unit - Board - Powers
0.8K chars
The board of a multidistrict special education unit may: 1. Receive state and federal funds and distribute them to each participating school district. 2. Employ personnel necessary to carry out administrative services, itinerant instruction, coordinative services, and related ser…
N.D.C.C. § 15.1-33-10 Multidistrict special education board - Rights of employees
0.2K chars
Any individual employed by the board of a multidistrict special education unit has the same statutory rights as those accorded to an individual employed by a school district for the same purpose.
N.D.C.C. § 15.1-34-01 Definitions
1.6K chars
As used in this chapter: 1. "Boarding home care for a student with disabilities" means the provision of food, 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 S…
N.D.C.C. § 15.1-34-02 Students with disabilities - Boarding home care - Registration certificate
0.4K chars
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 t…
N.D.C.C. § 15.1-34-03 Registration certificate - Application
0.8K chars
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. T…
N.D.C.C. § 15.1-34-04 Boarding home fire inspection - Report
0.7K chars
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 department may inspect any home for which a registration certificate is sought. The entity conducting …
N.D.C.C. § 15.1-34-06 Conviction - Effect on registration - Exceptions
0.4K chars
A person who has been convicted 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 stud…
N.D.C.C. § 15.1-34-07 Registration certificate - Denial - Administrative hearing
0.5K chars
If after reviewing 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 unde…
N.D.C.C. § 15.1-34-08 Registration certificate - Information
0.2K chars
The registration certificate must indicate 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.
N.D.C.C. § 15.1-34-09 Records - Maintenance - Examination
0.5K chars
Any person to whom a registration certificate 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 dep…
N.D.C.C. § 15.1-34-10 Records - Students - Confidentiality
0.5K chars
All records and information regarding a student for whom care is provided under this chapter are confidential and may be disclosed only: 1. As part of a judicial proceeding; 2. To officers of the law; 3. To representatives of a governmental entity; 4. To the parent of a student f…
N.D.C.C. § 15.1-34-11 Registration certificate - Revocation
1.2K chars
The department may revoke a registration 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 …
N.D.C.C. § 15.1-34-12 Registration certificate - Revocation - Administrative hearing
1.0K chars
Before the 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 re…
N.D.C.C. § 15.1-34-14 Minimum standards - Rules - Inspection by governmental entity
0.5K chars
The department 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 gov…
N.D.C.C. § 15.1-34-15 Penalty
0.1K chars
A person who violates this chapter is guilty of a class B misdemeanor.
N.D.C.C. § 15.1-35-01 Definitions
0.5K chars
In this chapter unless the context otherwise requires: 1. "Child nutrition program" means any program that provides federal assistance for the provision of nutritious meals to children. 2. "Food distribution program" means any program that provides federally donated agricultural …
N.D.C.C. § 15.1-35-02 Federal funds - Contracts - Expenditures
0.5K chars
The superintendent of public instruction shall administer federal funds designed to provide nonprofit child nutrition programs and food distribution programs for eligible participants. The superintendent of public instruction may enter a contract with any agency of the federal go…
N.D.C.C. § 15.1-35-03 Administration of program - Rules - Disbursement of funds
0.5K chars
In order to provide for the establishment, maintenance, operation, and expansion of any child nutrition and food distribution program, the superintendent of public instruction may: 1. Contract with any public or private entity. 2. Adopt rules. 3. Employ personnel. 4. Provide tech…
N.D.C.C. § 15.1-35-04 Board of a school district - Use of funds
0.2K chars
The board of a school district may expend any funds or gifts received by it under this chapter and any funds received from the sale of meals under a child nutrition and food distribution program.
N.D.C.C. § 15.1-35-05 Accounts and records - Rules - Reporting - Availability
1.0K chars
The superintendent of public instruction shall adopt rules regarding recordkeeping, accounting, and reporting by any public or private entity participating in a child nutrition or food distribution program. All accounts and records must be available for inspection and audit at an…