Required IEP Sections in North Dakota
What sections are required in an IEP in North Dakota?
North Dakota IEPs must contain all components required by federal law (34 CFR 300.320) as implemented through NDAC 67-23-01 et seq. and the North Dakota Department of Public Instruction (NDDPI) special education framework. Required sections include: a statement of present levels of academic achievement and functional performance (PLAAFP); measurable annual goals; a description of how progress toward goals will be measured and reported; a statement of special education and related services, supplementary aids and services, and program modifications; an explanation of any non-participation with nondisabled peers; individual modifications for state and districtwide assessments (or, where the student cannot participate, specification of the appropriate alternate assessment); projected start dates, frequency, location, and duration of services; and transition service needs beginning at age 16 (or earlier if determined appropriate by the IEP team). North Dakota follows the federal standard requiring benchmarks or short-term objectives only for students who take alternate assessments aligned to alternate achievement standards. The IEP must be developed, reviewed, and revised by the IEP team, which must include the parents, at least one regular education teacher (if the student participates in regular education), at least one special education teacher, a representative of the public agency, an individual who can interpret instructional implications of evaluation results, and, when appropriate, the student.
What North Dakota Requires
Present levels of academic achievement and functional performance must describe how the disability affects involvement in the general curriculum (34 CFR 300.320(a)(1); NDAC 67-23-01-02).
Measurable annual goals must address disability-related needs and enable progress in the general curriculum (34 CFR 300.320(a)(2); NDAC 67-23-01-02).
The IEP must specify all special education, related services, supplementary aids and services, and program modifications with projected start date, frequency, location, and duration (34 CFR 300.320(a)(4)-(7); NDAC 67-23-01-02).
Individual modifications for state and districtwide assessments must be specified; if the student will take an alternate assessment, the IEP must explain why and identify the appropriate alternate assessment (34 CFR 300.320(a)(6)).
An explanation of the extent to which the student will not participate with nondisabled peers in regular classes and nonacademic activities must be included (34 CFR 300.320(a)(5)).
Transition service needs must be addressed beginning at age 16, or younger if determined appropriate by the IEP team (NDCC § 15.1-32-10; 34 CFR 300.320(b)).
The IEP must be reviewed at least annually (NDAC 67-23-01-05).
Key Timelines
The IEP must be in effect at the beginning of each school year (34 CFR 300.323(a)).
Initial IEP must be developed within 30 days of the eligibility determination (34 CFR 300.323(c)).
IEP must be reviewed at least annually and revised as needed (NDAC 67-23-01-05).
Transition service needs must be addressed beginning at age 16 (NDCC § 15.1-32-10).