IEP Related Services in North Dakota

What related services can be included in an IEP in North Dakota?

North Dakota requires that each IEP specify all related services the student needs to benefit from special education, consistent with federal law (34 CFR 300.34) as implemented through NDAC 67-23. Related services include speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, early identification and assessment, counseling services (including rehabilitation counseling), orientation and mobility services, school health services and school nurse services, social work services, parent counseling and training, and transportation. Under NDAC 67-23-01-02, the IEP must specify the projected start date, frequency, location, and duration of each related service. The district may contract for related services when it cannot provide them directly, but all services must be at no cost to the family as part of FAPE. Assistive technology devices and services must be provided if required by the IEP, including at home when the team determines home use is necessary to provide FAPE.

What North Dakota Requires

The IEP must specify each related service with its projected start date, frequency, location, and duration (34 CFR 300.320(a)(7); NDAC 67-23-01-02).

Related services include speech-language, audiology, OT, PT, counseling, psychological services, social work, school nursing, transportation, recreation, assistive technology, orientation and mobility, and interpreting services (34 CFR 300.34).

Assistive technology devices and services must be provided if required by the IEP, including at home when necessary for FAPE (34 CFR 300.105; NDAC 67-23-01-02).

Districts may contract for related services they cannot provide directly, but all services must be at no cost to the family (NDCC § 15.1-32-02).

Related services must be provided regardless of the specific disability category of the student, as long as the student needs them to benefit from special education (34 CFR 300.34).

Key Timelines

Related services must begin on the projected start date in the IEP and be in effect at the beginning of each school year (34 CFR 300.323(a); NDAC 67-23-01-02).

Related services must be reviewed at least annually as part of the IEP review (NDAC 67-23-01-05).

For transfer students, comparable services must be provided while a new IEP is being developed (34 CFR 300.323(e)-(f)).

Sources

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