North Dakota
Legislative Changes Considered
In anticipation of the 2001 legislative session, the North Dakota Legislative Assembly Education Services Committee is proposing a reconfiguration of the statutes governing home education. While such a reconfiguration is needed to alleviate the difficulties of reading long narrative statutory sections as they now exist, the changes also include unfavorable amendments.
The proposed legislation changes the concept of a parent “supervising” a home education program to “providing” the program. The difference in terminology is significant for two reasons. First, under proposed § 15.1-23-06, a monitor is characterized as the individual providing supervision to the home education program. Home School Legal Defense Association believes that this is contrary to the purpose of a monitor as it is commonly understood and described in current law. A monitor is supposed to monitor the progress of each child and report the child’s progress to the local superintendent. This new language seems to indicate a shift of authority from the parent to the monitor.
Second, a parent supervising a home education program may have more flexibility in seeking the assistance of other qualified individuals to provide instruction in various areas of the curriculum. On the other hand, a deliberate change from “supervises” to “provides” may result in limiting the parent to personally providing all of the instruction for the child unless the child is formally enrolled in a public or nonpublic school for some instruction. For these reasons, HSLDA feels that this change in terminology should be opposed.
HSLDA is providing input and recommendations to North Dakota home school leaders involved in the legislative process. Since legislative action on these proposals is not expected for at least a year, home educators will have ample opportunity to analyze the proposed changes and communicate with their legislators about them. – Dewitt T. Black
