IEP Service Delivery in North Dakota
How are IEP services delivered in North Dakota?
North Dakota requires that the full continuum of alternative placements be available for students with disabilities, including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions, supplemented with supplementary services such as resource room or itinerant instruction (NDAC 67-23-01-01; 34 CFR 300.115). The IEP team determines the student's placement based on the IEP and the least restrictive environment requirements; placement must be as close to the student's home as possible. Extended school year (ESY) services must be provided when the IEP team determines that the student requires ESY services to receive FAPE — North Dakota follows the federal standard that ESY decisions cannot be based solely on disability category, time of year, administrative convenience, or cost (NDAC 67-23-01-04). Service delivery parameters (frequency, location, duration) must be specified in the IEP for each service (NDAC 67-23-01-02). North Dakota operates a special education cooperative system through which many districts receive specialized services collaboratively; cooperative-provided services are subject to the same IEP requirements.
What North Dakota Requires
The full continuum of placement options must be available, including regular classes, special classes, resource rooms, special schools, home instruction, and hospital settings (NDAC 67-23-01-01; 34 CFR 300.115).
Placement must be as close to the student's home as possible and in the school the student would attend if not disabled, unless the IEP requires another arrangement (34 CFR 300.116).
Extended school year services must be provided when necessary for the student to receive FAPE; the decision cannot be based solely on category of disability, administrative convenience, or cost (NDAC 67-23-01-04; 34 CFR 300.106).
Service delivery parameters — frequency, location, duration, and projected start date — must be specified in the IEP for each service (NDAC 67-23-01-02; 34 CFR 300.320(a)(7)).
North Dakota special education cooperatives may provide specialized services on behalf of member districts; all services must meet the same IEP and FAPE requirements regardless of provider (NDCC § 15.1-32-16).
Key Timelines
Services must begin on the projected start date documented in the IEP (NDAC 67-23-01-02; 34 CFR 300.320(a)(7)).
Service delivery models must be reviewed at least annually at the IEP meeting (NDAC 67-23-01-05).
ESY eligibility must be considered by the IEP team before the end of each regular school year (NDAC 67-23-01-04).