Homeschool Law in the United States of America: North Dakota

Our staff assists K-12 schools in providing quality education; reviews public and nonpublic schools for statutory compliance; oversees alternative course delivery; provides guidance for counseling services and 504s; answers questions on school calendars & weather-related waivers; administers the statewide accreditation program; responds to questions about legality of school fees; answers questions on home education issues; administers summer school programs, manages the ND Scholarship program; administers the junior ACT/WorkKeys testing; provides nonpublic schools with criminal history record checks, and administers the issuance of credentials for administrators, counselors, and library media personnel.

Our site is dedicated to bringing you up-to-date homeschooling information for North Dakota. Our public pages offer information on the North Dakota home school law, contacts for area support groups, a free downloadable Home School Packet, convention information, the current statement of intent form and thoughtful articles on various aspects of private, parent-directed home education. Please take a moment to browse our site or contact the office if you have further questions.

Thank you for your letter asking whether a parent home schooling the parent’s child must be the person providing the education to the student or whether the parent may supervise another person who provides the education to the child. For the reasons explained below, it is my opinion that the parent must provide the education and may not merely supervise the individual providing the education to the child.

North Dakota Century Code (NDCC) 15.1-23-02 - At least fourteen days before beginning home education or within fourteen days of establishing a child’s residence in a school district, and once each year thereafter, a parent intending to supervise or supervising home education shall file a statement, reflecting that intent or fact, with the superintendent of the child’s school district of residence or if no superintendent is employed, with the county superintendent of schools for the child’s county of residence.

1. Any person having responsibility for a child between the ages of seven and sixteen years shall ensure that the child is in attendance at a public school for the duration of each school year.

1. The provisions of section 15.1-20-01 do not apply if the person having responsibility for the child demonstrates to the satisfaction of the school board that:
e. The child is receiving home education.

1. To be deemed in attendance for purposes of this chapter, a student may not be absent from school without excuse for more than:
a. Three consecutive school days during either the first half or the second half of a school or school district's calendar;
b. Six half days during either the first half or the second half of a school or school district's calendar; or
c. Twenty-one class periods.

1. Each teacher and administrator is charged with the enforcement of compulsory attendance provisions. The compulsory attendance provisions are applicable to any student who is offered school facilities by a school district, regardless of whether or not the student actually resides in the district.

Each school district and nonpublic school shall submit data regarding school attendance and the application of this chapter to the superintendent of public instruction at the time and in the manner directed by the superintendent.

The superintendent of public instruction shall disseminate to school districts and nonpublic schools information regarding truancy prevention and intervention programs and research pertaining to best practices in truancy prevention efforts.

For purposes of this chapter, "home education" means a program of education supervised by a child's parent in accordance with chapter 15.1-23.

For purposes of this chapter, "home education" means a program of education supervised by a child's parent in accordance with the requirements of this chapter.

At least fourteen days before beginning home education or within fourteen days of establishing a child's residence in a school district, and once each year thereafter, a parent intending to supervise or supervising home education shall file a statement, reflecting that intent or fact, with the superintendent of the child's school district of residence or if no superintendent is employed, with the county superintendent of schools for the child's county of residence.

A parent may supervise home education if the parent:
1. Holds a high school diploma or a general educational development diploma; or
2. Meets the requirements of section 15.1-23-06.

A parent supervising home education shall include instruction in those subjects required by law to be taught to public school students. The instruction must have a duration of at least four hours each day for a minimum of one hundred seventy-five days each year.

A parent supervising home education shall maintain an annual record of courses taken by the child and the child's academic progress assessments, including any standardized achievement test results. If the child transfers to a public school district, the parent shall furnish the record, upon request, to the school district superintendent or other administrator.

A parent who does not meet the qualifications provided in section 15.1-23-03 may supervise home education but must be monitored in accordance with section 15.1-23-07 for the first two years. If a child receiving home education obtains a basic composite standardized achievement test score below the fiftieth percentile nationally, the parent must be monitored for at least one additional school year and until the child receives a test score at or above the fiftieth percentile.

1. If monitoring is required under section 15.1-23-06, the school district shall assign and compensate an individual to monitor a child receiving home education unless the parent notifies the school district that the parent shall select and compensate an individual to monitor the child.

An individual who in accordance with this chapter administers a standardized achievement test to a child receiving home education shall notify the child's school district of residence.

1. a. While in grades four, six, eight, and ten, each child receiving home education shall take:
(1) A standardized achievement test used by the school district in which the child resides; or
(2) A nationally normed standardized achievement test if requested by the child's parent.
b. The child shall take the test in the child's learning environment or, if requested by the child's parent, in a public school. An individual licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board shall administer the test.

1. If a child receiving home education takes the standardized achievement test used by the school district in which the child resides, the school district is responsible for the cost of the test and for the cost of administering the test. The school district shall ensure that the test is administered by an individual who is employed by the district and who is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board.

1. A parent supervising home education shall file the results of the child's standardized achievement test with the superintendent of the district in which the child resides or with the county superintendent if the district does not employ a superintendent.

The superintendent of the school district shall use the remediation plan required by section 15.1-23-11 as the basis for determining reasonable academic progress. The remediation plan must remain in effect until such time as the child achieves on a standardized achievement test a basic composite score at or above the thirtieth percentile or a score, which when compared to the previous year's test score, demonstrates one year of academic progress. At the option of the parent, the test may be one required by section 15.1-23-09 or one administered in a higher grade level.

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.

A parent may supervise home education for a child with a developmental disability if:
1. The child has been determined to have a developmental disability by a licensed psychologist;
2. The child's parent is qualified to supervise home education under this chapter; and
3. The child's parent files with the superintendent of the child's school district of residence

1. On or before November first, February first, and May first of each school year, a parent supervising home education for a child with a developmental disability under section 15.1-23-14 shall file with the superintendent of the child's school district of residence progress reports prepared by the services plan team selected under section 15.1-23-14. If at any time the services plan team agrees that the child is not benefiting from home education, the team shall notify the superintendent of the child's school district of residence and request that the child be evaluated by a multidisciplinary team appointed by the superintendent of the child's school district of residence.

1. A child receiving home education may participate in extracurricular activities either:
a. Under the auspices of the child's school district of residence; or
b. Under the auspices of an approved nonpublic school, if permitted by the administrator of the school.

1. A child's school district of residence, an approved nonpublic high school, or the center for distance education may issue a high school diploma to a child who, through home education, has met the issuing entity's requirements for high school graduation
provided the child's parent submits to the issuing entity a description of the course material covered in each high school subject, a description of the course objectives and how the objectives were met, and a transcript of the child's performance in grades nine through twelve.

No state agency, school district, or county superintendent may be held liable for accepting as correct the information on the statement of intent or for any damages resulting from a parent's failure to educate the child.

For purposes of allocating state aid to school districts, a child receiving home education is included in a school district's determination of average daily membership only for those days or portions of days that the child attends a public school.