NDAC 67-23-01-01
Definitions
Cite as N.D. Admin. Code ยง 67-23-01-01
As used in this article, the following definitions apply:
1.
"Individualized education program" or "IEP" means a written statement for each child with a
disability that is developed, reviewed, and revised in accordance with the IDEA section 614(d)
[20 U.S.C. 1414(d)].
2.
"Individuals With Disabilities Education Act" or "IDEA" means the Individuals With Disabilities
Education Improvement Act of 2004, Public Law 108-446 [118 Stat. 2647; 20 U.S.C.
1400-1420].
3.
"Least restrictive environment" means that to the maximum extent appropriate, children with
disabilities are educated with children who are not disabled and special classes, separate
schooling, or other removal of children with disabilities from the regular educational
environment occurs only when the nature or severity of the disability of a child is such that
education in regular classes with the use of supplementary aids and services cannot be
achieved satisfactorily.
4.
"Local education agency" means a school district, public charter school, multidistrict special
education unit organized under North Dakota Century Code chapter 15.1-33, or other legally
constituted public authority for administrative control or direction of, or to perform a service
function for, public elementary or secondary schools.
5.
"Multidisciplinary team" means a team of professionals and parents which develops an IEP for
a student with disabilities.
6.
"Multidistrict special education unit" means a public corporation organized under North Dakota
Century Code chapter 15.1-33 for purposes of planning and delivering special education and
related services.
7.
"Nonsectarian" means not affiliated with or restricted to a particular religion.
8.
"Organization" includes school districts, public charter schools, multidistrict local education
agencies, child care centers, vocational education centers, private or public residential
facilities, counties, and nonprofit agencies.
9.
"Related services" means transportation and developmental, corrective, or supportive services
needed to help a student with disabilities to benefit from special education.
10.
"Resident district" means the school district of residence of the student as determined by law.
11.
"Special education unit" means a single-district special education unit or a multidistrict special
education unit.
12.
"Student with disabilities" or "child with disabilities" means an individual who:
a.
Is at least three years of age but has not reached the age of twenty-one before August
first of the year in which the individual turns twenty-one, and because of mental, physical,
emotional, or learning characteristics requires regular or special education and related
services designed to meet the individual's educational needs; and
b.
Is an individual with intellectual disability, deaf or hard of hearing, speech or language
impairment, visual impairment including blindness, emotional disability, orthopedic
impairment, autism, traumatic brain injury, other health impairment, specific learning
disability, deaf-blindness, or noncategorical delay.