North Dakota Administrative Code
Title 67 - Public Instruction, Superintendent of
Article 67-23 - Special Education
Chapter 67-23-03 - Federal Funding for Special Education
Section 67-23-03-07 - School district or organization opportunity for hearing under part B of IDEA

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 thirty days of the date of the department's notice of noncompliance and must include a description of the violation, corrective action required by the department, and the relief sought by the applicant.

3. The withholding of funding under part B of IDEA specified in the department's original notice must remain in effect as identified in the notice.

4. Upon receipt of the hearing request, the department will request the assignment of an administrative law judge from the North Dakota office of administrative hearings. The administrative law judge may modify, suspend, or keep in effect the withholding of funding under part B of IDEA specified in the original notice to the school district or organization until after the hearing and final decision.

5. Any final decision of the administrative law judge, which must contain findings of fact and reasons for the ruling, must be issued within thirty days of the request for a hearing, unless all parties are in agreement to a request for extension of the timeline.