IEP Timelines in North Dakota
What are the IEP timelines in North Dakota?
North Dakota has a defined set of timelines governing every stage of the special education process. Critical timelines include: initial evaluation must be completed within 60 calendar days of parental consent (NDCC § 15.1-32-05); initial IEP must be developed within 30 days of eligibility determination (34 CFR 300.323(c)); the IEP must be reviewed at least annually (NDAC 67-23-01-05); triennial reevaluation at least every three years (NDAC 67-23-04-01); state complaint decision within 60 calendar days (34 CFR 300.152(a)); resolution session within 15 days of due process complaint; due process hearing decision within 45 days after the resolution period; appeal to court within 90 days of hearing decision (NDCC § 15.1-32-19); parent notification of restraint/seclusion on the same day of the incident (NDCC § 15.1-19-16); transition planning beginning at age 16; rights transfer at age 18; FAPE eligibility through age 21 (NDCC § 15.1-32-02). North Dakota uses calendar days for the evaluation timeline — unlike states that use school days.
What North Dakota Requires
North Dakota's evaluation timeline is 60 calendar days from parental consent — using calendar days, not school days (NDCC § 15.1-32-05).
The IEP must be reviewed at least annually; the district must give parents reasonable notice of the IEP meeting time and location (NDAC 67-23-01-05).
Transition planning begins at age 16 in North Dakota, consistent with the federal IDEA minimum (NDCC § 15.1-32-10; 34 CFR 300.320(b)).
Court appeal from a due process decision must be filed within 90 days of the decision (NDCC § 15.1-32-19).
Restraint and seclusion incidents require same-day parent notification (NDCC § 15.1-19-16).
Key Timelines
60 calendar days from parental consent: deadline for completing initial evaluation (NDCC § 15.1-32-05).
30 days after eligibility determination: initial IEP must be developed (34 CFR 300.323(c)).
1 year (at minimum): annual IEP review (NDAC 67-23-01-05).
3 years: triennial reevaluation (NDAC 67-23-04-01; 34 CFR 300.303).
Age 16: transition planning begins, updated annually (NDCC § 15.1-32-10).
Age 18: educational rights transfer to student (NDCC § 15.1-32-10; 34 CFR 300.520).
Age 21: FAPE eligibility ends (NDCC § 15.1-32-02).
Same day: parent notification following restraint or seclusion incident (NDCC § 15.1-19-16).
15 days after receiving due process complaint: resolution session must be held (34 CFR 300.510(a)).
45 days after 30-day resolution period: due process hearing decision must be issued (34 CFR 300.515(a)).
90 days from hearing decision: deadline to file court appeal (NDCC § 15.1-32-19).
60 calendar days from receipt: state complaint decision (34 CFR 300.152(a)).
1 year: statute of limitations for filing a due process complaint (34 CFR 300.507(a)(2)).
1 year: statute of limitations for filing a state complaint (34 CFR 300.153(c)).