North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-04-05. Qualifications for accessing services provided by life skills and transition center--Educational or related services without charge for individuals twenty-one years of age and under

1. The superintendent may admit an eligible individual to the life skills and transition center for residential services based on consideration of the following factors:

2. The superintendent may approve an eligible individual for nonresidential services provided by the life skills and transition center if all of the following conditions have been met:

3. Notwithstanding any other provision of this chapter, no eligible individual served, twenty-one years of age or under, or the estate or the parent of such individual, may be charged for educational or related services provided at the life skills and transition center. Except as provided in subsection 4, the department has prior claim on all benefits accruing to such individuals served for medical and medically related services under entitlement from the federal government, medical or hospital insurance contracts, workforce safety and insurance, or medical care and disability programs. For purposes of this subsection, “related services” means transportation and such developmental, corrective, and other supportive services, as determined by the department of public instruction, as are required to assist an individual with a developmental disability to benefit from special education. The cost of related services other than medical and medically related services must be paid by the life skills and transition center, the school district of residence of the child with a developmental disability, and other appropriate state agencies and political subdivisions of this state. The department of public instruction, the department, the school district of residence, and other appropriate state agencies and political subdivisions, as determined by the department of public instruction, shall determine and agree to that portion of related services, other than medical and medically related services, for which each agency and political subdivision is liable. The department of public instruction may adopt rules necessary to implement this section.

4. Parents of an eligible individual, who is twenty-one years of age or under, are not required to file, assist in filing, agree to filing, or assign an insurance claim when filing the claim would pose a realistic threat that the parents would suffer a financial loss not incurred by similarly situated parents of children with disabilities. Financial losses do not include incidental costs such as the time needed to file or assist in filing an insurance claim or the postage needed to mail the claim. Financial losses include: