CHAPTER 15.1-34STUDENTS WITH DISABILITIES BOARDING HOME CARE15.1-34-01. Definitions. As used in this chapter:1."Boarding home care for a student with disabilities" means the provision of food,<br>shelter, security, and safety, on a twenty-four-hour basis, to an individual who has<br>reached the age of three years but who has not reached the age of twenty-one<br>before September first of the year in which the individual turns twenty-one and who<br>because of mental, physical, emotional, or learning characteristics requires regular<br>or special education and related services designed to meet the individual's<br>educational needs.2."Department" means the department of human services.3."Family boarding home" means a private residence at which boarding home care is<br>regularly provided by the owner or lessee to no more than four students with<br>disabilities. The limit of four students may be exceeded if all the students boarding<br>at the home are related to each other by blood or marriage.4."Registration" means the process by which the department maintains a record of all<br>family boarding homes, prescribes standards and adopts rules under section<br>15.1-34-14, and requires the operator of a home to certify that the operator has<br>complied with the prescribed standards and adopted rules.5."Registration certificate" means a document issued by the department to provide<br>public notice that the certificate holder is in compliance with this chapter and the<br>applicable rules and standards prescribed by the department.6."Relative" means a grandparent, brother, sister, stepparent, stepsister, stepbrother,<br>uncle, or aunt of the student by marriage, blood, or adoption.15.1-34-02.Students with disabilities - Boarding home care - Registrationcertificate. A person may not establish or operate a family boarding home unless the person<br>first obtains a registration certificate from the department. This section does not apply if the<br>student's boarding and care are provided in:1.The home of a relative.2.A home or institution under the management and control of the state or the board of<br>a school district.3.A home providing "foster care for children" as defined in section 50-11-00.1.15.1-34-03. Registration certificate - Application.1.In order to obtain a registration certificate for a family boarding home, a person shall<br>complete an application form available from the department.2.The department may investigate the applicant's activities and may inspect the home<br>for which the registration is sought.3.The department shall grant the registration certificate within ten working days from<br>the date the department receives the application if:a.The home is in sanitary condition;Page No. 1b.The home is properly equipped to provide for the health and safety of student<br>boarders; andc.The individual in charge of the home and all assistants are qualified to fulfill the<br>duties required of them under this chapter and under any rules or standards<br>prescribed by the department.4.A registration certificate issued under this section is effective for up to two years.15.1-34-04. Boarding home fire inspection - Report. The state department of health,the state fire marshal, or a designee of the state fire marshal shall inspect any home for which a<br>registration certificate is sought if requested to do so by the department. The entity conducting<br>the inspection under this section shall prepare an inspection report and present the report to the<br>department.15.1-34-05. Boarding home - Conditions - Inspection - Investigation of owner oroperator. At any time, the department or its authorized agents may inspect the conditions of a<br>family boarding home and investigate the qualifications of the owner or operator.15.1-34-06. Conviction - Effect on registration - Exceptions. A person who has beenconvicted of an offense may not be disqualified from registration under this chapter, unless:1.The department determines that the offense has a direct bearing upon the person's<br>ability to serve the public as an owner or operator of a boarding home for students<br>with disabilities; or2.Following conviction for any offense, the department deems that the person is not<br>sufficiently rehabilitated under section 12.1-33-02.1.15.1-34-07.Registration certificate - Denial - Administrative hearing.If afterreviewing a person's application for a registration certificate the department elects to deny the<br>application, the department shall serve the applicant with notice of the denial and with the<br>reasons for the denial. The department shall hold an administrative hearing under chapter 28-32<br>regarding the person's application and its subsequent denial if requested to do so by the<br>applicant within ten days from the date on which the department served the notice of denial.15.1-34-08. Registration certificate - Information. The registration certificate mustindicate the name of the owner or operator of the boarding home, the location of the boarding<br>home, and the maximum number of students with disabilities who, at any one time, may board at<br>the home.15.1-34-09. Records - Maintenance - Examination. Any person to whom a registrationcertificate has been issued shall:1.Maintain records regarding each student for whom care is provided, as directed by<br>the department;2.Submit forms and other information regarding each student for whom care is<br>provided, as directed by the department; and3.Allow department personnel and authorized agents of the department to examine all<br>books, records, and reports regarding the home and each student for whom care is<br>provided.15.1-34-10.Records - Students - Confidentiality.All records and informationregarding a student for whom care is provided under this chapter are confidential and may be<br>disclosed only:1.As part of a judicial proceeding;Page No. 22.To officers of the law;3.To representatives of a governmental entity;4.To the parent of a student for whom care is provided under this chapter; and5.To any person who in the opinion of the department has, or may acquire, an<br>advocacy function on behalf of a student for whom care is provided under this<br>chapter.15.1-34-11.Registration certificate - Revocation.The department may revoke aregistration certificate issued under this chapter if:1.The home is in an unsanitary condition.2.The home is not properly equipped to provide for the health and safety of the<br>students.3.The individual in charge of the home and all assistants are not qualified to fulfill the<br>duties required of them under this chapter and under any rules adopted by the<br>department.4.The owner or operator does not comply with the standards prescribed by the<br>department.5.The registration certificate was issued as a result of an application that contained<br>fraudulent information or an untrue representation.6.The person to whom the registration certificate was issued violated a rule adopted<br>by the department.7.The person to whom the registration certificate was issued is found guilty of an<br>offense which, in the determination of the department, has a direct bearing upon the<br>person's ability to serve the public as an owner or operator of a boarding home for<br>students with disabilities.8.The person to whom the registration certificate was issued is found guilty of any<br>offense and the department determines that the person is not sufficiently<br>rehabilitated under section 12.1-33-02.1.15.1-34-12. Registration certificate - Revocation - Administrative hearing. Beforethe department may revoke a person's registration certificate, the department shall serve the<br>holder of the registration certificate with notice of the revocation and the grounds for the<br>revocation. The department shall hold an administrative hearing under chapter 28-32 regarding<br>the revocation of the person's registration certificate, if requested to do so by the holder of the<br>registration certificate within ten days from the date on which the department served the notice of<br>revocation.15.1-34-13.Student with disabilities - Placement by governmental entity -Requirements. A governmental entity may not provide for the placement of a student with<br>disabilities in a family boarding home unless the person operating the home:1.Has obtained a registration certificate; or2.Is exempt from the registration requirement under subsection 1 or 2 of section<br>15.1-34-02 and complies with all applicable standards and rules adopted by the<br>department.Page No. 315.1-34-14. Minimum standards - Rules - Inspection by governmental entity. Thedepartment may:1.Establish standards for the registration and operation of a family boarding home.2.Allow the application of alternate standards, if appropriate.3.Adopt rules governing the provision of boarding home care to students with<br>disabilities.4.Authorize a governmental entity to:a.Inspect any home for which a registration certificate is sought under this<br>chapter; andb.Certify that the home meets the requirements of this chapter and any standards<br>set by the department.15.1-34-15.Penalty.A person who violates this chapter is guilty of a class Bmisdemeanor.Page No. 4Document Outlinechapter 15.1-34 students with disabilities boarding home care
CHAPTER 15.1-34STUDENTS WITH DISABILITIES BOARDING HOME CARE15.1-34-01. Definitions. As used in this chapter:1."Boarding home care for a student with disabilities" means the provision of food,<br>shelter, security, and safety, on a twenty-four-hour basis, to an individual who has<br>reached the age of three years but who has not reached the age of twenty-one<br>before September first of the year in which the individual turns twenty-one and who<br>because of mental, physical, emotional, or learning characteristics requires regular<br>or special education and related services designed to meet the individual's<br>educational needs.2."Department" means the department of human services.3."Family boarding home" means a private residence at which boarding home care is<br>regularly provided by the owner or lessee to no more than four students with<br>disabilities. The limit of four students may be exceeded if all the students boarding<br>at the home are related to each other by blood or marriage.4."Registration" means the process by which the department maintains a record of all<br>family boarding homes, prescribes standards and adopts rules under section<br>15.1-34-14, and requires the operator of a home to certify that the operator has<br>complied with the prescribed standards and adopted rules.5."Registration certificate" means a document issued by the department to provide<br>public notice that the certificate holder is in compliance with this chapter and the<br>applicable rules and standards prescribed by the department.6."Relative" means a grandparent, brother, sister, stepparent, stepsister, stepbrother,<br>uncle, or aunt of the student by marriage, blood, or adoption.15.1-34-02.Students with disabilities - Boarding home care - Registrationcertificate. A person may not establish or operate a family boarding home unless the person<br>first obtains a registration certificate from the department. This section does not apply if the<br>student's boarding and care are provided in:1.The home of a relative.2.A home or institution under the management and control of the state or the board of<br>a school district.3.A home providing "foster care for children" as defined in section 50-11-00.1.15.1-34-03. Registration certificate - Application.1.In order to obtain a registration certificate for a family boarding home, a person shall<br>complete an application form available from the department.2.The department may investigate the applicant's activities and may inspect the home<br>for which the registration is sought.3.The department shall grant the registration certificate within ten working days from<br>the date the department receives the application if:a.The home is in sanitary condition;Page No. 1b.The home is properly equipped to provide for the health and safety of student<br>boarders; andc.The individual in charge of the home and all assistants are qualified to fulfill the<br>duties required of them under this chapter and under any rules or standards<br>prescribed by the department.4.A registration certificate issued under this section is effective for up to two years.15.1-34-04. Boarding home fire inspection - Report. The state department of health,the state fire marshal, or a designee of the state fire marshal shall inspect any home for which a<br>registration certificate is sought if requested to do so by the department. The entity conducting<br>the inspection under this section shall prepare an inspection report and present the report to the<br>department.15.1-34-05. Boarding home - Conditions - Inspection - Investigation of owner oroperator. At any time, the department or its authorized agents may inspect the conditions of a<br>family boarding home and investigate the qualifications of the owner or operator.15.1-34-06. Conviction - Effect on registration - Exceptions. A person who has beenconvicted of an offense may not be disqualified from registration under this chapter, unless:1.The department determines that the offense has a direct bearing upon the person's<br>ability to serve the public as an owner or operator of a boarding home for students<br>with disabilities; or2.Following conviction for any offense, the department deems that the person is not<br>sufficiently rehabilitated under section 12.1-33-02.1.15.1-34-07.Registration certificate - Denial - Administrative hearing.If afterreviewing a person's application for a registration certificate the department elects to deny the<br>application, the department shall serve the applicant with notice of the denial and with the<br>reasons for the denial. The department shall hold an administrative hearing under chapter 28-32<br>regarding the person's application and its subsequent denial if requested to do so by the<br>applicant within ten days from the date on which the department served the notice of denial.15.1-34-08. Registration certificate - Information. The registration certificate mustindicate the name of the owner or operator of the boarding home, the location of the boarding<br>home, and the maximum number of students with disabilities who, at any one time, may board at<br>the home.15.1-34-09. Records - Maintenance - Examination. Any person to whom a registrationcertificate has been issued shall:1.Maintain records regarding each student for whom care is provided, as directed by<br>the department;2.Submit forms and other information regarding each student for whom care is<br>provided, as directed by the department; and3.Allow department personnel and authorized agents of the department to examine all<br>books, records, and reports regarding the home and each student for whom care is<br>provided.15.1-34-10.Records - Students - Confidentiality.All records and informationregarding a student for whom care is provided under this chapter are confidential and may be<br>disclosed only:1.As part of a judicial proceeding;Page No. 22.To officers of the law;3.To representatives of a governmental entity;4.To the parent of a student for whom care is provided under this chapter; and5.To any person who in the opinion of the department has, or may acquire, an<br>advocacy function on behalf of a student for whom care is provided under this<br>chapter.15.1-34-11.Registration certificate - Revocation.The department may revoke aregistration certificate issued under this chapter if:1.The home is in an unsanitary condition.2.The home is not properly equipped to provide for the health and safety of the<br>students.3.The individual in charge of the home and all assistants are not qualified to fulfill the<br>duties required of them under this chapter and under any rules adopted by the<br>department.4.The owner or operator does not comply with the standards prescribed by the<br>department.5.The registration certificate was issued as a result of an application that contained<br>fraudulent information or an untrue representation.6.The person to whom the registration certificate was issued violated a rule adopted<br>by the department.7.The person to whom the registration certificate was issued is found guilty of an<br>offense which, in the determination of the department, has a direct bearing upon the<br>person's ability to serve the public as an owner or operator of a boarding home for<br>students with disabilities.8.The person to whom the registration certificate was issued is found guilty of any<br>offense and the department determines that the person is not sufficiently<br>rehabilitated under section 12.1-33-02.1.15.1-34-12. Registration certificate - Revocation - Administrative hearing. Beforethe department may revoke a person's registration certificate, the department shall serve the<br>holder of the registration certificate with notice of the revocation and the grounds for the<br>revocation. The department shall hold an administrative hearing under chapter 28-32 regarding<br>the revocation of the person's registration certificate, if requested to do so by the holder of the<br>registration certificate within ten days from the date on which the department served the notice of<br>revocation.15.1-34-13.Student with disabilities - Placement by governmental entity -Requirements. A governmental entity may not provide for the placement of a student with<br>disabilities in a family boarding home unless the person operating the home:1.Has obtained a registration certificate; or2.Is exempt from the registration requirement under subsection 1 or 2 of section<br>15.1-34-02 and complies with all applicable standards and rules adopted by the<br>department.Page No. 315.1-34-14. Minimum standards - Rules - Inspection by governmental entity. Thedepartment may:1.Establish standards for the registration and operation of a family boarding home.2.Allow the application of alternate standards, if appropriate.3.Adopt rules governing the provision of boarding home care to students with<br>disabilities.4.Authorize a governmental entity to:a.Inspect any home for which a registration certificate is sought under this<br>chapter; andb.Certify that the home meets the requirements of this chapter and any standards<br>set by the department.15.1-34-15.Penalty.A person who violates this chapter is guilty of a class Bmisdemeanor.Page No. 4Document Outlinechapter 15.1-34 students with disabilities boarding home care
CHAPTER 15.1-34STUDENTS WITH DISABILITIES BOARDING HOME CARE15.1-34-01. Definitions. As used in this chapter:1."Boarding home care for a student with disabilities" means the provision of food,<br>shelter, security, and safety, on a twenty-four-hour basis, to an individual who has<br>reached the age of three years but who has not reached the age of twenty-one<br>before September first of the year in which the individual turns twenty-one and who<br>because of mental, physical, emotional, or learning characteristics requires regular<br>or special education and related services designed to meet the individual's<br>educational needs.2."Department" means the department of human services.3."Family boarding home" means a private residence at which boarding home care is<br>regularly provided by the owner or lessee to no more than four students with<br>disabilities. The limit of four students may be exceeded if all the students boarding<br>at the home are related to each other by blood or marriage.4."Registration" means the process by which the department maintains a record of all<br>family boarding homes, prescribes standards and adopts rules under section<br>15.1-34-14, and requires the operator of a home to certify that the operator has<br>complied with the prescribed standards and adopted rules.5."Registration certificate" means a document issued by the department to provide<br>public notice that the certificate holder is in compliance with this chapter and the<br>applicable rules and standards prescribed by the department.6."Relative" means a grandparent, brother, sister, stepparent, stepsister, stepbrother,<br>uncle, or aunt of the student by marriage, blood, or adoption.15.1-34-02.Students with disabilities - Boarding home care - Registrationcertificate. A person may not establish or operate a family boarding home unless the person<br>first obtains a registration certificate from the department. This section does not apply if the<br>student's boarding and care are provided in:1.The home of a relative.2.A home or institution under the management and control of the state or the board of<br>a school district.3.A home providing "foster care for children" as defined in section 50-11-00.1.15.1-34-03. Registration certificate - Application.1.In order to obtain a registration certificate for a family boarding home, a person shall<br>complete an application form available from the department.2.The department may investigate the applicant's activities and may inspect the home<br>for which the registration is sought.3.The department shall grant the registration certificate within ten working days from<br>the date the department receives the application if:a.The home is in sanitary condition;Page No. 1b.The home is properly equipped to provide for the health and safety of student<br>boarders; andc.The individual in charge of the home and all assistants are qualified to fulfill the<br>duties required of them under this chapter and under any rules or standards<br>prescribed by the department.4.A registration certificate issued under this section is effective for up to two years.15.1-34-04. Boarding home fire inspection - Report. The state department of health,the state fire marshal, or a designee of the state fire marshal shall inspect any home for which a<br>registration certificate is sought if requested to do so by the department. The entity conducting<br>the inspection under this section shall prepare an inspection report and present the report to the<br>department.15.1-34-05. Boarding home - Conditions - Inspection - Investigation of owner oroperator. At any time, the department or its authorized agents may inspect the conditions of a<br>family boarding home and investigate the qualifications of the owner or operator.15.1-34-06. Conviction - Effect on registration - Exceptions. A person who has beenconvicted of an offense may not be disqualified from registration under this chapter, unless:1.The department determines that the offense has a direct bearing upon the person's<br>ability to serve the public as an owner or operator of a boarding home for students<br>with disabilities; or2.Following conviction for any offense, the department deems that the person is not<br>sufficiently rehabilitated under section 12.1-33-02.1.15.1-34-07.Registration certificate - Denial - Administrative hearing.If afterreviewing a person's application for a registration certificate the department elects to deny the<br>application, the department shall serve the applicant with notice of the denial and with the<br>reasons for the denial. The department shall hold an administrative hearing under chapter 28-32<br>regarding the person's application and its subsequent denial if requested to do so by the<br>applicant within ten days from the date on which the department served the notice of denial.15.1-34-08. Registration certificate - Information. The registration certificate mustindicate the name of the owner or operator of the boarding home, the location of the boarding<br>home, and the maximum number of students with disabilities who, at any one time, may board at<br>the home.15.1-34-09. Records - Maintenance - Examination. Any person to whom a registrationcertificate has been issued shall:1.Maintain records regarding each student for whom care is provided, as directed by<br>the department;2.Submit forms and other information regarding each student for whom care is<br>provided, as directed by the department; and3.Allow department personnel and authorized agents of the department to examine all<br>books, records, and reports regarding the home and each student for whom care is<br>provided.15.1-34-10.Records - Students - Confidentiality.All records and informationregarding a student for whom care is provided under this chapter are confidential and may be<br>disclosed only:1.As part of a judicial proceeding;Page No. 22.To officers of the law;3.To representatives of a governmental entity;4.To the parent of a student for whom care is provided under this chapter; and5.To any person who in the opinion of the department has, or may acquire, an<br>advocacy function on behalf of a student for whom care is provided under this<br>chapter.15.1-34-11.Registration certificate - Revocation.The department may revoke aregistration certificate issued under this chapter if:1.The home is in an unsanitary condition.2.The home is not properly equipped to provide for the health and safety of the<br>students.3.The individual in charge of the home and all assistants are not qualified to fulfill the<br>duties required of them under this chapter and under any rules adopted by the<br>department.4.The owner or operator does not comply with the standards prescribed by the<br>department.5.The registration certificate was issued as a result of an application that contained<br>fraudulent information or an untrue representation.6.The person to whom the registration certificate was issued violated a rule adopted<br>by the department.7.The person to whom the registration certificate was issued is found guilty of an<br>offense which, in the determination of the department, has a direct bearing upon the<br>person's ability to serve the public as an owner or operator of a boarding home for<br>students with disabilities.8.The person to whom the registration certificate was issued is found guilty of any<br>offense and the department determines that the person is not sufficiently<br>rehabilitated under section 12.1-33-02.1.15.1-34-12. Registration certificate - Revocation - Administrative hearing. Beforethe department may revoke a person's registration certificate, the department shall serve the<br>holder of the registration certificate with notice of the revocation and the grounds for the<br>revocation. The department shall hold an administrative hearing under chapter 28-32 regarding<br>the revocation of the person's registration certificate, if requested to do so by the holder of the<br>registration certificate within ten days from the date on which the department served the notice of<br>revocation.15.1-34-13.Student with disabilities - Placement by governmental entity -Requirements. A governmental entity may not provide for the placement of a student with<br>disabilities in a family boarding home unless the person operating the home:1.Has obtained a registration certificate; or2.Is exempt from the registration requirement under subsection 1 or 2 of section<br>15.1-34-02 and complies with all applicable standards and rules adopted by the<br>department.Page No. 315.1-34-14. Minimum standards - Rules - Inspection by governmental entity. Thedepartment may:1.Establish standards for the registration and operation of a family boarding home.2.Allow the application of alternate standards, if appropriate.3.Adopt rules governing the provision of boarding home care to students with<br>disabilities.4.Authorize a governmental entity to:a.Inspect any home for which a registration certificate is sought under this<br>chapter; andb.Certify that the home meets the requirements of this chapter and any standards<br>set by the department.15.1-34-15.Penalty.A person who violates this chapter is guilty of a class Bmisdemeanor.Page No. 4Document Outlinechapter 15.1-34 students with disabilities boarding home care
