1.     a.    If a multidisciplinary assessment team, using eligibility criteria established by the superintendent of public instruction, determines that the child is disabled, that the child requires specially designed instruction due to the disability, and that this     instruction cannot be provided without special education and related services, the parent may continue to supervise home education, provided that:

(1) The parent files with the school district superintendent a services plan that was developed privately or through the school district; and

(2) The services plan demonstrates that the child’s special needs are being addressed by persons qualified to provide special education or related services.

b.    If the multidisciplinary team determines that the child has a developmental disability, the parent may continue to supervise home education under the provisions of sections 15.1-23-14 and 15.1-23-15.

2.    Annually, the superintendent of the child’s school district of residence shall determine reasonable academic progress based on the child’s services plan.

3.    If a parent fails to file a services plan as required by this section, the parent is deemed to be in violation of the compulsory school attendance provisions and may no longer supervise the home education of the child.

4.    A child who was once evaluated by a multidisciplinary assessment team need not be re-evaluated for a potential learning problem upon scoring below the thirtieth percentile on a subsequent standardized achievement test unless the re-evaluation is performed pursuant to the child’s services plan.