Section 67-23-06-02 - Use of response to intervention by local education agencies1. A local education agency may adopt a response to intervention process and may choose to use the process to determined 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. N.D. Admin Code 67-23-06-02
General Authority: NDCC 15.1-32-09, 28-32-02
Law Implemented: NDCC 15.1-32-09; 20 USC 1400 - 1419