North Dakota Administrative Code
Title 67 - Public Instruction, Superintendent of
Article 67-23 - Special Education
Chapter 67-23-02 - STATE FUNDING FOR SPECIAL EDUCATION
Section 67-23-02-03 - Conditions for contracted services

Universal Citation: ND Admin Code ยง 67-23-02-03

Current through Supplement No. 394, October, 2024

1. A resident district may enter into a contract for services for students with disabilities if all of the following requirements are met:

a. The lEP team has developed an lEP and determined that the least restrictive environment for the education of the student with disabilities is not available in the neighborhood school of the resident district.

b. Another setting is available for education in the least restrictive environment in another district or other setting in North Dakota or another state.

c. The curriculum and educational services provided in the least restrictive setting are approved by the superintendent. The resident district must notify the superintendent in writing and submit the proper forms. The forms must be complete and include the proper signatures. Sections g and j of the student's current lEP must also be submitted to the department with the contract.

d. The school district is able to assure the superintendent that alternative public school placements in the state were investigated and that the alternate setting selected is accredited, nonprofit, and nonsectarian and has proper facilities and services for the education of the student. Assurance is made by completing the contract form with required signatures.

2. Each resident district of a student with disabilities must:

a. Participate in development of the lEP planning for the student;

b. Evaluate the alternate program as defined in subdivision b of subsection 1 annually and establish an appropriate program for the student with disabilities within the resident district system whenever feasible;

c. Maintain a case file, including a progress and periodic evaluations of the student with disabilities;

d. Provide transportation and boarding care for the student; and

e. Share educational records with other school districts or residential facilities that provide educational services for the student with disabilities.

3. The school or facility providing the education to a student with disabilities must:

a. Provide the education program as prescribed in the lEP developed by the multidisciplinary team including representation from the resident district;

b. Report to parents at the same frequency as progress reports are provided for students who are not disabled attending the school during the school year;

c. Report progress and summary evaluations to the resident district two times during the school year; and

d. Share educational records with school districts or other residential facilities that provide educational services for the student with disabilities.

4. A school district may not enter into a contract with any in-state public school, in-state or out-of-state private nonsectarian, nonprofit corporation, or out-of-state public school for the education of any student because of a disability, unless the services provided by the school and the contract have been approved in advance by the superintendent. In order for a resident district to recover appropriate funds, the proposed contract forms must be filed with the department twenty working days in advance of the effective date of a new or changed placement. Preapproval may be set aside based on a waiver from the department.

5. A waiver request form, with reason for the waiver and projected submission date, is available from the department.

6. The administrator of the resident district of the student with disabilities must complete a contract for services using forms provided by the department to the administrator of the school providing the education to the student with disabilities.

7. The administrator of the school providing the education shall return the completed contract to the office of special education at the department.

8. The superintendent must notify each of the parties involved of approval or disapproval.

9. The resident district of the student with disabilities must make all payments to the school providing the education-related, including special education-related, service payments and boarding care payments, according to the period of time indicated in the contract.

10. The school providing the education for the student with disabilities shall arrange participation of the resident district in the lEP or other planning meetings and must maintain contact regarding the student's progress with the resident district and with the parents of the student with disabilities during the year.

11. The school providing the education for the student with disabilities shall keep and provide the resident district of the student with disabilities with attendance records for the student. In the event that the student attends the school operated by the school providing the education for a period less than a school year, the resident district of the student with disabilities will be liable for costs only for the period of time that the student was in attendance to the end of the month in which attendance ceases.

General Authority: NDCC 15-59-05

Law Implemented: NDCC 15-59-05, 15-59-06, 15-59-07; 20 USC 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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