N.D. Admin Code 67-23-02-03.1 - [Effective 10/1/2024] Building contracts for students with disabilities or students with a significant medical condition

1. A school district making the school placement of a student with disabilities or significant medical condition shall:

a. Participate in development of the educational planning for the student;

b. Evaluate the alternate program as defined in subdivision b of subsection 1 of 67-23-02-03 annually and establish an appropriate program for the student with disabilities within the resident district system whenever feasible;

c. Maintain a case file, including progress and periodic evaluations of the student with disabilities;

d. Provide transportation and when applicable boarding care for the student; and

e. Share educational records with other school districts or residential facilities that provide educational services.

2. The school or facility providing the education shall:

a. Provide the education program as prescribed in the educational plan developed by the IEP or 504 team including representation from the resident district;

b. Report to parents at the same frequency as progress reports are provided for students attending the school during the school year;

c. Report progress and summary evaluations to the resident district two times during the school year;

d. Share educational records with school districts or other residential facilities that provide educational services for the student; and

e. Bill only for direct services in the student's educational plan provided by special education and related services providers.

3. The educating district shall create an electronic contract with educational costs using the online application. Out-of-state contracts and costs may be created with the assistance of the superintendent of public instruction.

4. Submission of the contract is initiated by the educating district, followed by approval from the resident district and the superintendent of public instruction. Electronic mail must be generated with approval or rejection to the educating district, the resident district, and the superintendent of public instruction.

5. The resident district shall make all payments to the school providing the education-related service and boarding care, according to the period of service indicated in the contract.

6. The school providing the education shall invite the resident district to participate in the IEP or 504 or other planning meetings and shall maintain contact regarding the student's progress with the resident district and with the parents of the student during the year.

Notes

N.D. Admin Code 67-23-02-03.1

Adopted by Administrative Rules Supplement 2024-394, October 2024, effective 10/1/2024.

General Authority: NDCC 15.1-32-04, 15.1-32-09, 28-32-02

Law Implemented: NDCC 15.1-29-14, 15.1-32-14, 15.1-32-15, 15.1-32-16; 20 USC 1400-1419