§ 15.1-23-13 — Home education - Disabilities - Services plan

1. a. If a multidisciplinary assessment team, using eligibility criteria established by the
superintendent of public instruction, determines that the child is disabled, that the
child requires specially designed instruction due to the disability, and that this
instruction cannot be provided without special education and related services, the
parent may continue to supervise home education, provided that:
(1) The parent files with the school district superintendent a services plan that
was developed privately or through the school district; and
(2) The services plan demonstrates that the child's special needs are being
addressed by persons qualified to provide special education or related
services.
b. If the multidisciplinary team determines that the child has a developmental
disability, the parent may continue to supervise home education under the
provisions of sections 15.1-23-14 and 15.1-23-15.
2. Annually, the superintendent of the child's school district of residence shall determine
reasonable academic progress based on the child's services plan.
3. If a parent fails to file a services plan as required by this section, the parent is deemed
to be in violation of the compulsory school attendance provisions and may no longer
supervise the home education of the child.
4. A child who was once evaluated by a multidisciplinary assessment team need not be
re-evaluated for a potential learning problem upon scoring below the thirtieth percentile
on a subsequent standardized achievement test unless the re-evaluation is performed
pursuant to the child's services plan.