N.D. Admin Code 67-23-02-03 - [Effective until 10/1/2024] Conditions for contracted services
1. A resident district may enter into a
contract for services for students with disabilities if all of the following
requirements are met:
a. The lEP team has
developed an lEP and determined that the least restrictive environment for the
education of the student with disabilities is not available in the neighborhood
school of the resident district .
b. Another setting is available for education
in the least restrictive environment in another district or other setting in
North Dakota or another state.
c.
The curriculum and educational services provided in the least restrictive
setting are approved by the superintendent . The resident district must notify
the superintendent in writing and submit the proper forms. The forms must be
complete and include the proper signatures. Sections g and j of the student's
current lEP must also be submitted to the department with the contract.
d. The school district is able to
assure the superintendent that alternative public school placements in the
state were investigated and that the alternate setting selected is accredited,
nonprofit, and nonsectarian and has proper facilities and services for the
education of the student. Assurance is made by completing the contract form
with required signatures.
2. Each resident district of a student with
disabilities must:
a. Participate in
development of the lEP planning for the student;
b. Evaluate the alternate program as defined
in subdivision b of subsection 1 annually and establish an appropriate program
for the student with disabilities within the resident district system whenever
feasible;
c. Maintain a case file,
including a progress and periodic evaluations of the student with disabilities ;
d. Provide transportation and
boarding care for the student; and
e. Share educational records with other
school districts or residential facilities that provide educational services
for the student with disabilities .
3. The school or facility providing the
education to a student with disabilities must:
a. Provide the education program as
prescribed in the lEP developed by the multidisciplinary team including
representation from the resident district ;
b. Report to parents at the same frequency as
progress reports are provided for students who are not disabled attending the
school during the school year;
c.
Report progress and summary evaluations to the resident district two times
during the school year; and
d.
Share educational records with school districts or other residential facilities
that provide educational services for the student with disabilities .
4. A school district may not enter
into a contract with any in-state public school, in-state or out-of-state
private nonsectarian , nonprofit corporation, or out-of-state public school for
the education of any student because of a disability, unless the services
provided by the school and the contract have been approved in advance by the
superintendent . In order for a resident district to recover appropriate funds,
the proposed contract forms must be filed with the department twenty working
days in advance of the effective date of a new or changed placement.
Preapproval may be set aside based on a waiver from the department .
5. A waiver request form, with reason for the
waiver and projected submission date, is available from the department .
6. The administrator of the
resident district of the student with disabilities must complete a contract for
services using forms provided by the department to the administrator of the
school providing the education to the student with disabilities .
7. The administrator of the school providing
the education shall return the completed contract to the office of special
education at the department .
8.
The superintendent must notify each of the parties involved of approval or
disapproval.
9. The resident
district of the student with disabilities must make all payments to the school
providing the education-related, including special education-related, service
payments and boarding care payments, according to the period of time indicated
in the contract.
10. The school
providing the education for the student with disabilities shall arrange
participation of the resident district in the lEP or other planning meetings
and must maintain contact regarding the student's progress with the resident
district and with the parents of the student with disabilities during the year.
11. The school providing the
education for the student with disabilities shall keep and provide the resident
district of the student with disabilities with attendance records for the
student. In the event that the student attends the school operated by the
school providing the education for a period less than a school year, the
resident district of the student with disabilities will be liable for costs
only for the period of time that the student was in attendance to the end of
the month in which attendance ceases.
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No prior version found.