NDAC 67-23-06-02
Use of response to intervention by local education agencies
Cite as N.D. Admin. Code ยง 67-23-06-02
1.
A local education agency may adopt a response to intervention process and may choose to
use the process to determine if a child has a specific learning disability consistent with 34 CFR
300.301-311. Prior to implementation of response to intervention during the evaluation of a
student suspected of having a specific learning disability, a local education agency must
demonstrate the completeness of its response to intervention process through:
a.
Evidence of training in the components of the response to intervention framework;
b.
Adoption of evidence-based curriculum, instruction, and interventions; and
c.
Demonstration that its response to intervention process includes screening, diagnostic
and progress monitoring assessments, and other elements of an approved national
standard for the components of the framework.
2.
The local education agency must provide documentation:
a.
Of the time and frequency of the interventions;
b.
That the programs used are evidence-based;
c.
That the programs are implemented with fidelity; and
d.
That the procedures are periodically reviewed and updated based on the evidence
collected regarding their effectiveness in improving student achievement.