North Dakota Century Code Title 15.1. Elementary and Secondary Education § 15.1-32-01. Definitions

4. a. “Student with a disability” means an individual who is at least three years of age but who has not reached the age of twenty-one before August first of the year in which the individual turns twenty-one and who requires special education and related services because of:

b. “Student with a disability” includes a student age eighteen through twenty-one who is incarcerated in an adult correctional facility and who, in the last educational placement prior to incarceration, was identified as being a student with a disability and did not have an individualized education program or was identified as being a student with a disability and had an individualized education program.