IEP Modifications in North Dakota: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a North Dakota IEP?
In North Dakota, modifications are changes to the curriculum content or performance expectations for a student with a disability, as distinguished from accommodations that change the delivery or assessment format without altering the content standard. The IEP must document program modifications under NDAC 67-23-01-02, including any modifications to the general curriculum and supports for school personnel. When modifications are employed, the IEP must also explain the extent to which the student will not participate with nondisabled peers in the regular class and nonacademic activities (34 CFR 300.320(a)(5)). Students with the most significant cognitive disabilities who require extensive modifications to the general curriculum may take the North Dakota Alternate Assessment (NDAA) rather than the standard NDSA. The IEP team must consider least restrictive environment requirements before recommending modifications that would remove a student from general education. North Dakota follows IDEA's LRE presumption in NDAC 67-23-01-01, which requires placement in the regular education environment to the maximum extent appropriate.
What North Dakota Requires
The IEP must document all program modifications and supports for school personnel (34 CFR 300.320(a)(4); NDAC 67-23-01-02).
The IEP must explain the extent to which the student will not participate with nondisabled peers in regular classes and nonacademic activities (34 CFR 300.320(a)(5)).
Students with the most significant cognitive disabilities may take the NDAA alternate assessment; the IEP must justify why the student cannot participate in the NDSA (34 CFR 300.320(a)(6)(ii)).
LRE requirements in NDAC 67-23-01-01 require that placement decisions always consider the least restrictive environment consistent with the student's needs (34 CFR 300.114-300.116).
Modifications must be reviewed at least annually and the IEP team must consider whether the student can increase participation in the general curriculum (NDAC 67-23-01-05).
Key Timelines
Modifications must be reviewed at least annually as part of the IEP review (NDAC 67-23-01-05).
The IEP team must consider annually whether modifications remain appropriate and whether the student can increase participation in the general curriculum (NDAC 67-23-01-05).