North Dakota Administrative Code
Title 67 - Public Instruction, Superintendent of
Article 67-23 - Special Education
Chapter 67-23-01 - Comprehensive General Plan Requirements for Special Education Programs
Section 67-23-01-01 - Definitions

Universal Citation: ND Admin Code ยง 67-23-01-01

Current through Supplement No. 394, October, 2024

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. "Individuals With Disabilities Education Act" or "IDEA" means the Individuals With Disabilities Education Improvement Act of 2004, Public Law 108-446 [118 Stat. 2647; 20 U.S.C. 1400-1420 ].

3. "Least restrictive environment" means that to the maximum extent appropriate, children with disabilities are educated with children who are not disabled and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

4. "Local education agency" means a school district, multidistrict special education unit organized under North Dakota Century Code chapter 15.1-33, or other legally constituted public authority for administrative control or direction of, or to perform a service function for, public elementary or secondary schools.

5. "Multidisciplinary team" means a team of professionals and parents which develops an IEP for a student with disabilities.

6. "Multidistrict special education unit" means a public corporation organized under North Dakota Century Code chapter 15.1-33 for purposes of planning and delivering special education and related services.

7. "Nonsectarian" means not affiliated with or restricted to a particular religion.

8. "Organization" includes school districts, multidistrict local education agencies, child care centers, vocational education centers, private or public residential facilities, counties, and nonprofit agencies.

9. "Related services" means transportation and developmental, corrective, or supportive services needed to help a student with disabilities to benefit from special education.

10. "Resident district" means the school district of residence of the student as determined by law.

11. "Special education unit" means a single-district special education unit or a multidistrict special education unit.

12. "Student with disabilities" or "child with disabilities" means an individual who:

a. Is at least three years of age but who has not reached the age of twenty-one before August 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; and

b. Is an individual with intellectual disability, hearing impairment including deafness, speech or language impairment, visual impairment including blindness, emotional disturbance, orthopedic impairment, autism, traumatic brain injury, other health impairment, specific learning disability, deaf-blindness, or multiple disabilities.

General Authority: NDCC 15.1-32-09

Law Implemented: NDCC 15.1-32-09; 20 U.S.C 1400-1419

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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