Pathfinder Services of North Dakota: Help for Kinship Caregivers with Special Education

Raising a relative's child with a disability or special healthcare need adds a whole layer of complexity to an already difficult situation. The school schedules an IEP meeting and you are not sure if you are allowed to attend, let alone make decisions. A service coordinator mentions evaluations and placements, and nobody has explained your rights as the person actually raising the child.

Pathfinder Services of North Dakota exists specifically for this.

What Pathfinder Services Does

Pathfinder Services of ND is the state's federally designated Parent Training and Information Center (PTI). Despite the name, its services extend beyond biological parents to any person raising a child — including grandparents, aunts, uncles, and other kinship caregivers.

The core services, all free:

• One-on-one educational advocacy — A specialist walks you through the IEP process, explains what evaluations mean, and helps you understand what the school district is and is not required to provide
• IEP meeting preparation — Before you sit down at the table, Pathfinder helps you organize your concerns, understand the agenda, and know what to ask for
• Conflict resolution support — If you disagree with the school's placement or services, Pathfinder helps you navigate the dispute resolution process without immediately jumping to a formal complaint
• Training workshops — Available statewide, covering special education rights, transition planning, and early intervention

Contact Information

• Address: 15 19th Ave SW, Minot, ND 58701
• Phone: (701) 837-7500
• Email: [email protected]

Services are available by phone, online, and in person. Rural families in western North Dakota do not need to drive to Fargo or Bismarck for help.

Your Standing in Special Education as a Kinship Caregiver

Under IDEA (the Individuals with Disabilities Education Act), the term "parent" includes an individual acting in place of a biological or adoptive parent (including a relative) with whom the child lives. When more than one person qualifies, IDEA generally presumes the biological or adoptive parent is the parent unless that person lacks legal authority to make educational decisions. This means:

• If you live with the child and are acting in place of a biological or adoptive parent, you may qualify as the child's IDEA parent for special-education decisions
• If the biological parent is available and wants to exercise their rights, they hold primary authority
• If no IDEA parent can be identified, the agency cannot locate a parent after reasonable efforts, the child is a ward of the state, or the child is an unaccompanied homeless youth, the public agency must assign a surrogate parent. NDDPI must make reasonable efforts to ensure assignment within 30 days after the agency determines a surrogate is needed.

A Minor Power of Attorney can document delegated authority, but it is not required if you independently meet IDEA's definition of parent. Living with the child alone does not establish that status.

Other Free Resources for Kinship Caregivers in North Dakota

Beyond Pathfinder, several organizations serve kinship families:

• Kinship-ND (HHS Child and Family Services) — Navigator support, community connections, and guardianship legal-cost funding. Phone: (701) 328-1453, [email protected]
• Legal Services of North Dakota — Free legal representation for qualifying low-income caregivers facing guardianship, custody, or benefits issues. Under 60: 1-800-634-5263; 60+: 1-866-621-9886
• AARP GrandFacts — State-by-state fact sheets for grandparents raising grandchildren, covering legal basics and resource directories for North Dakota
• ND Courts Self-Help Center — Free POA and guardianship forms at ndcourts.gov/legal-self-help

These resources are free but serve different needs. Pathfinder is your specialist for anything related to special education and disability services. Kinship-ND handles broader navigation and financial support. Legal Services covers legal representation in court.

Our North Dakota School and Medical Consent Guide pulls these threads together with the consent forms, school enrollment steps, and medical authorization pathways you need as a kinship caregiver — including the specific rules for IEP participation, FERPA record access, and school health permissions.

Frequently Asked Questions

Can I attend an IEP meeting as the child's grandparent without a court order?

Yes, if you meet IDEA's definition of parent by acting in place of a biological or adoptive parent while living with the child, or if you have legal responsibility for the child's welfare. The school must consider who qualifies under IDEA; a known biological or adoptive parent is generally presumed to be the parent unless that person lacks legal authority to make educational decisions.

What if the school says I need a guardianship order to participate in IEP decisions?

This is a common misunderstanding. IDEA's definition of parent (34 CFR § 300.30) specifically includes a relative acting in place of a parent. If the school insists on a court order, ask them to cite the specific policy, then contact Pathfinder Services for advocacy support and the NDDPI for clarification.

Does Pathfinder help with Section 504 plans too?

Section 504 Accommodation Plans operate under civil rights statutes (the Rehabilitation Act) rather than IDEA. Section 504's procedural safeguards refer to the student's parents or guardian; they do not use IDEA's definition of "parent." Pathfinder can help you understand the difference between an IEP and a 504 plan and navigate the process for either one.

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