Mental Health Services in North Dakota IEPs
What mental health services are available through an IEP in North Dakota?
North Dakota addresses mental health services for students with disabilities through its special education eligibility framework and the related services provisions under NDAC 67-23. Students with mental health conditions that adversely affect educational performance may qualify under the Emotional Disturbance (ED) category under NDAC 67-23-02-05, which aligns with the federal definition at 34 CFR 300.8(c)(4). Other Health Impairment may capture students with mental health diagnoses such as anxiety, depression, or ADHD that result in limited strength, vitality, or alertness that adversely affects educational performance (NDAC 67-23-02-09; 34 CFR 300.8(c)(9)). Counseling services and psychological services are recognized related services that may be included in an IEP when necessary for the student to benefit from special education (34 CFR 300.34). North Dakota has also invested in school-based mental health supports through its MTSS framework and in coordination with the North Dakota Department of Human Services. When behavioral and emotional concerns arise, the IEP team must consider positive behavioral interventions and supports as part of the IEP (34 CFR 300.324(a)(2)).
What North Dakota Requires
Students with mental health conditions that adversely affect educational performance may qualify under the Emotional Disturbance category (NDAC 67-23-02-05; 34 CFR 300.8(c)(4)).
Students with mental health diagnoses causing limited strength, vitality, or alertness that adversely affect educational performance may qualify under Other Health Impairment (NDAC 67-23-02-09; 34 CFR 300.8(c)(9)).
Counseling services and psychological services are recognized IDEA-related services that may be included in an IEP when needed for the student to benefit from special education (34 CFR 300.34).
When a student's behavior (including behavior related to mental health) impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies (34 CFR 300.324(a)(2)(i)).
Mental health related services must be specified in the IEP with frequency, location, and duration (NDAC 67-23-01-02; 34 CFR 300.320(a)(7)).
Key Timelines
Mental health related services must begin on the projected start date in the IEP (NDAC 67-23-01-02).
Mental health services must be reviewed at least annually at the IEP meeting (NDAC 67-23-01-05).
The IEP team may convene at any time if mental health needs escalate and the current IEP is insufficient (NDCC § 15.1-32-09).