IDEA Disability Categories in North Dakota
What disability categories qualify for an IEP in North Dakota?
North Dakota recognizes 13 disability categories for special education eligibility, consistent with the federal IDEA categories defined in 34 CFR 300.8, as implemented through NDAC 67-23-02. The categories are: (1) Autism; (2) Deaf-Blindness; (3) Deafness; (4) Developmental Delay (for children ages 3 through 9, or a subset of that age range, as determined by NDDPI); (5) Emotional Disturbance; (6) Hearing Impairment; (7) Intellectual Disability; (8) Multiple Disabilities; (9) Orthopedic Impairment; (10) Other Health Impairment; (11) Specific Learning Disability; (12) Speech or Language Impairment; and (13) Traumatic Brain Injury; and (14) Visual Impairment Including Blindness. North Dakota uses standard federal IDEA terminology for all categories without state-specific renaming. The Developmental Delay category may be used for children ages 3-9 who are experiencing developmental delays in one or more of the following areas: physical, cognitive, communication, social/emotional, or adaptive development (NDAC 67-23-02-01). Each disability category has specific eligibility criteria that must be met; the disability must also adversely affect educational performance and the child must need special education and related services.
What North Dakota Requires
North Dakota recognizes all 13 federal IDEA disability categories using standard federal terminology (NDAC 67-23-02; 34 CFR 300.8).
The Developmental Delay category is available for children ages 3-9 in one or more developmental domains: physical, cognitive, communication, social/emotional, or adaptive (NDAC 67-23-02-01; 34 CFR 300.8(b)).
A student cannot be found eligible if the determinant factor for underachievement is lack of appropriate instruction in reading or math or limited English proficiency (34 CFR 300.306(b); NDAC 67-23-04-01).
For Specific Learning Disability, North Dakota allows determination through the pattern of strengths and weaknesses model or the response-to-intervention model, with documentation that the student did not achieve adequately despite high-quality instruction (NDAC 67-23-02-10; 34 CFR 300.307-300.311).
Eligibility for special education requires: (1) a qualifying disability category, (2) adverse effect on educational performance, and (3) need for special education and related services (NDAC 67-23-04-01).
Key Timelines
Developmental Delay eligibility applies through age 9; the IEP team must determine appropriate disability category for re-identification at age 9 or earlier (NDAC 67-23-02-01; 34 CFR 300.8(b)).
Reevaluation of eligibility must occur at least every three years (NDAC 67-23-04-01; 34 CFR 300.303).