North Dakota Code § 15.1-27-10

Per student payments - Special education
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1. Upon the written request of a school district, the superintendent of public instruction 
may forward all or a portion of any per student special education payments to which a 
school district is entitled directly to the special education unit of which the school 
district is a member.
2. The superintendent of public instruction may withhold state special education funds 
due a school district if, in response to a complaint, the superintendent finds that the 
district is not providing a free appropriate public education to a student as required by 
law. Any withholding under this subsection may not exceed an amount equal to the 
cost of meeting the affected student's needs.

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