North Dakota Code § 15.1-32-24

Noncategorical delay
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If an individual who is at least three years of age but less than ten years of age exhibits a 
developmental profile in which cognitive, fine motor, vision, hearing, communication, 
preacademic, socialization, or adaptive skill acquisitions are significantly below that of same-age 
peers, and if the individual needs special education and related services, the school district may 
determine that the individual is a student with a disability as a result of a noncategorical delay.

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