Midwest · ND
North Dakota special education IEP compliance and timelines
Governing regulations: N.D. Admin. Code Article 67-23 (Special Education); N.D. Cent. Code Chapter 15.1-32. State education agency: North Dakota Department of Public Instruction.
- Initial evaluation
- A referred child must be evaluated within 60 calendar days after the district obtains parental consent. If access to a qualified evaluator is limited, the period may be extended, but never beyond 90 calendar days in total.
- Initial IEP meeting
- A meeting to develop the IEP must be held within 30 calendar days of the eligibility determination. (34 CFR § 300.323(c)(1))
- Annual review
- At least once every 365 days (34 CFR § 300.324(b)(1)).
- Reevaluation
- At least every 3 years, and not more than once a year unless the parent and district agree (34 CFR § 300.303).
- Transition planning
- Must be in effect by age 16.
- Academic standards
- North Dakota Content Standards
- IEP forms & systems
- NDDPI publishes state special education forms, and most districts complete them in the statewide Infinite Campus student information system rather than a separate state-built IEP platform.
Where North Dakota differs from the federal baseline
- The 60 calendar day evaluation clock can be extended only when access to a qualified evaluator is limited, and the total period cannot exceed 90 calendar days (N.D. Admin. Code § 67-23-01-03).
- Most districts deliver special education through multidistrict special education units, which share evaluators and related service providers across rural areas.
- State special education forms, including consent for evaluation, are standardized by NDDPI and built into the statewide student information system.
Current monitoring priorities
- Initial evaluation timeline compliance, including documented use of the evaluator-access extension (Indicator 11)
- Secondary transition IEP content (Indicator 13)
- Correction of noncompliance within one year
ND IEP compliance checklist
- 01Signed consent date recorded; evaluation due within 60 calendar days.
- 02Eligibility determined and initial IEP meeting scheduled: A meeting to develop the IEP must be held within 30 calendar days of the eligibility determination.
- 03PLAAFP includes measurable baselines and a statement of how the disability affects involvement in the general curriculum (34 CFR § 300.320(a)(1)).
- 04Each annual goal is measurable, with condition, behavior, criterion and measurement method (§ 300.320(a)(2)).
- 05Progress reporting schedule stated for each goal (§ 300.320(a)(3)).
- 06Transition goals and services in effect by age 16 where applicable.
- 07Prior Written Notice issued for every proposal or refusal, with all seven § 300.503(b) elements.
- 08Annual review scheduled within 365 days; reevaluation within 3 years.
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