Homeschooling in North Dakota: A Comprehensive Guide to Legal Compliance

North Dakota offers a structured but manageable environment for families choosing to educate their children at home. The state recognizes “Home Education” as a legal alternative to public school attendance, provided parents follow specific notification, instruction, and assessment protocols. This guide outlines everything you need to know to remain compliant with North Dakota Century Code (NDCC).

The Legal Landscape

In North Dakota, homeschooling is governed by NDCC Chapter 15.1-23. The state is considered ‘moderate’ in its regulatory approach because it requires an annual filing with the local school district and standardized testing during specific grade levels. Compulsory attendance begins at age 7 and continues until the child reaches age 16.

The Standard Home Education Pathway

Most families in North Dakota homeschool under the standard Home Education statute. Unlike some states with multiple complex pathways, North Dakota provides a single, clear framework for home-based instruction.

1. Annual Notification (Statement of Intent)

To legally homeschool, you must file a “Statement of Intent” with the superintendent of your local public school district. This must be done:

• At least 14 days before you begin homeschooling.
• Annually by September 15th (or within 14 days of moving into a new district).

The statement must include the names and addresses of the children, their dates of birth, their grade levels, and the name and qualifications of the parent providing the instruction.

2. Teacher Qualifications

To teach your child at home, you must have a high school diploma or a GED.

• If you do not have a diploma/GED: You may still homeschool, but you must be monitored by a certified teacher for the first two years. If, after two years, the child’s composite score on a standardized test is at or above the 50th percentile, monitoring is no longer required.

3. Instructional Requirements

North Dakota law requires that you provide at least 175 days of instruction per year, with at least 4 hours of instruction per day. While you do not need to follow the exact schedule of the local public school, you must meet these minimum aggregates.

Your curriculum must include:

• English Language Arts (reading, writing, spelling, grammar)
• Mathematics
• Social Studies (including United States and North Dakota history/government)
• Science
• Health
• Physical Education

4. Mandatory Standardized Testing

One of the most important aspects of North Dakota law is the assessment requirement. Students must take a nationally normed standardized achievement test in grades 4, 6, 8, and 10.

• Who Administers the Test? The test must be administered by a certified teacher or at the local public school.
• Exemptions: You are exempt from the testing requirement if:
  1. You have a college degree (Baccalaureate or higher).
  2. You are a certified teacher.
  3. You have met the cutoff score on a national teacher examination.
• Reporting: You must file the test results with your local superintendent.

Record Keeping

Parents are required to maintain a record of courses taken by the child and the child’s academic progress assessments. Additionally, you must provide your local school district with a copy of your child’s immunization records (unless you file a legal exemption for medical, religious, or philosophical reasons).

Education Savings Accounts (ESA) and School Choice

As of 2024, North Dakota does not have a universal Education Savings Account (ESA) program that provides public funds directly to homeschool families. In 2023, the legislature passed HB 1532, which provides tuition assistance for students attending private schools. However, this program is currently restricted to “nonpublic schools” and does not include students registered under the home education statute. Families should be aware that accepting state funds often comes with increased oversight and may require switching from the ‘home education’ status to ‘private school’ status.

Step-by-Step Compliance Summary

1. Verify Qualifications: Ensure you have a HS diploma or GED (or arrange for a monitor).
2. File Statement of Intent: Submit the form to your local superintendent 14 days before starting.
3. Submit Records: Provide immunization records or a signed waiver to the district.
4. Plan Your 175 Days: Create a schedule that covers the required subjects for at least 4 hours a day.
5. Test in Required Grades: Arrange for testing in grades 4, 6, 8, and 10, unless you meet the degree/certification exemption.
6. Annual Renewal: Re-file your Statement of Intent by September 15th every year.

Helpful Resources

• North Dakota Department of Public Instruction
• NDCC 15.1-23 (Full Statute)
• North Dakota Home School Association (NDHSA)

This information is provided for educational purposes and does not constitute legal advice.