IEP Eligibility in North Dakota: Who Qualifies?
What qualifies a child for an IEP in North Dakota?
North Dakota's special education eligibility determination is governed by NDCC § 15.1-32-04 and NDAC 67-23-04. A student is eligible for special education and related services when: (1) the student has one of the disability categories recognized under NDAC 67-23-02; (2) the disability adversely affects educational performance; and (3) the student needs special education and related services as a result. Eligibility cannot be based on a determinant factor of lack of appropriate instruction in reading or math or limited English proficiency (34 CFR 300.306(b); NDAC 67-23-04-01). The evaluation team's determination of eligibility must be made by a group of qualified professionals, including at least one teacher or other specialist with knowledge in the area of the suspected disability, and the parent. For Specific Learning Disability, North Dakota provides for an evaluation process consistent with 34 CFR 300.307-300.311, including documentation that the student did not make adequate progress despite high-quality instruction, and may use the RTI/MTSS model or pattern of strengths and weaknesses model (NDAC 67-23-02-10). Developmental Delay is available for students ages 3-9.
What North Dakota Requires
Eligibility requires: (1) a qualifying North Dakota disability category, (2) adverse effect on educational performance, and (3) need for special education and related services (NDAC 67-23-04-01; NDCC § 15.1-32-04).
A student cannot be found eligible if the determinant factor is lack of appropriate instruction in reading or mathematics or limited English proficiency (34 CFR 300.306(b); NDAC 67-23-04-01).
SLD eligibility requires documentation that the student did not make adequate progress despite high-quality instruction; North Dakota allows the RTI/MTSS model or pattern of strengths and weaknesses model (NDAC 67-23-02-10; 34 CFR 300.307).
Developmental Delay eligibility is available for children ages 3-9 with delays in physical, cognitive, communication, social/emotional, or adaptive development (NDAC 67-23-02-01).
The eligibility group must include at least one teacher or specialist with knowledge in the area of the suspected disability, and the parent (34 CFR 300.306(a); NDAC 67-23-04-01).
Evaluation must use a variety of tools and strategies; no single procedure may serve as the sole eligibility criterion (34 CFR 300.304(b); NDAC 67-23-04-01).
Key Timelines
Initial evaluation must be completed within 60 calendar days of parental consent in North Dakota (NDCC § 15.1-32-05; NDAC 67-23-04-01).
Reevaluation of eligibility must occur at least every three years or sooner if conditions warrant or parents or teachers request it (NDAC 67-23-04-01; 34 CFR 300.303).
Developmental Delay eligibility applies through age 9; re-categorization must occur before the student turns 10 (NDAC 67-23-02-01).