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 for students with disabilities or a significant medical condition

1. The IEP or 504 team has developed an educational plan and determined that the least restrictive environment for the education of a student with disabilities or student with a significant medical condition is not available in the resident district.

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

3. The educational services provided in the least restrictive setting are approved by the resident school district. The resident district, or the educating district in the event of open enrollment, has notified the superintendent of public instruction using the online application. The student's current educational plan must be submitted to the department with the contract if it is not in North Dakota's case management system.

4. The school district making the education placement 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.