Your child must attend school between the ages of 7 and 16 years. This requirement does not apply after your child has completed high school.
Your child may also be excused from attending school if a multidisciplinary team that includes your child’s parent, school district superintendent, classroom teacher, and physician and the director of your child’s special education unit determines that your child has a disability that renders attendance or participation in a regular or special education program “inexpedient or impracticable.”
HSLDA believes that a parent-issued diploma and transcript should be sufficient to demonstrate that a child has completed a secondary education. However, even if your child is beyond compulsory school attendance age, there may be situations where you would want to continue to follow the requirements of a home education option recognized under North Dakota law until your child graduates from high school (filing a home education notice, keeping attendance and other records, etc.). These records may be requested in some situations, such as obtaining a driver's license if your child is a minor, enlisting in the military, applying to colleges, or demonstrating eligibility for Social Security benefits. If you are a member of HSLDA and would like additional details, please contact us.
If you want to start homeschooling during the school year and your child is currently enrolled in a public or private school, HSLDA recommends that you formally withdraw your child from that school. If you are going to start homeschooling after the school year is over, and your child is considered enrolled for the following year, we recommend that you withdraw your child before the next school year begins, so that the school does not mark your child as absent or truant.
We invite you to become a member of HSLDA to receive specific advice about withdrawing your child from school and starting to homeschool. Local schools may have specific forms or withdrawal procedures. HSLDA members are eligible to receive individualized advice about whether complying with those procedures is advisable or required. HSLDA members are also eligible to use the sample letter of withdrawal for North Dakota available in Member Resources, to correspond with school officials.
We generally recommend that any correspondence with authorities be sent “Certified Mail—Return Receipt Requested.” Keep copies of the withdrawal letter and any other paperwork or correspondence, and any green postal receipts, for your personal records.
Note: If your child has never attended a public or private school, this section does not apply.
In North Dakota, you may teach your children at home by following the “home education” law. Or, if you are a state-certified teacher, you may homeschool under the “private school” option. Choose the option under which you want to homeschool, and then follow the steps listed below it:
Homeschooling under the home education law:
You must be a parent of the child you are homeschooling, and you must have a high school diploma or a GED to supervise the child’s home education unless you are monitored by a North Dakota certified teacher as described below.
Here is what to do if you do not have a high school diploma or GED:
If you do not have a high school diploma or a GED, you may supervise your child’s home education if you are “monitored” by a certified teacher for your first two years of homeschooling. If, during the monitoring period, your child’s basic composite score on the required standardized test falls below the 50th percentile, you must be monitored for at least one additional school year. Monitoring must continue until your child achieves a test score at or above the 50th percentile. If you successfully complete the monitoring requirement for one child, you do not have to be monitored again before you may homeschool additional children.
At least 14 days before you start homeschooling, or within 14 days of moving into a North Dakota school district, and once every year thereafter, you must file a statement of intent to homeschool. You must file your statement of intent with the superintendent of the public school district where your child lives. If there is no district superintendent, you must file with the county superintendent. Your statement of intent must include:
If you are an HSLDA member, use the statement of intent form on our website. Mail your statement of intent via certified mail (return receipt requested) to the local superintendent. Save a copy of the statement of intent and the return receipt in your child’s school records.
Your child must receive at least four hours of instruction per school day for a minimum of 175 days each year.
Your home education program must include instruction in the subjects that are required to be taught in North Dakota public schools. These subjects are listed below.
Required elementary and middle school subjects:
Required high school subjects: None. At the high school level, public schools need only “make available” the following subjects, which students are allowed to choose from during their high school careers:
You must keep a yearly record of the courses your child has taken and your child’s academic progress assessments, including any standardized achievement test scores.
While in grades 4, 6, 8, and 10, your child must take a standardized achievement test used by the local school district or a nationally normed standardized achievement test, if you request this test instead. The test must be administered in your child’s “learning environment,” or in a public school if you request this location instead. A North Dakota certified teacher must administer the test. You must submit your child’s test scores to the local superintendent.
Here is what will happen if your child’s basic composite score is below the 30th percentile: A multidisciplinary assessment team must assess your child for a potential learning disability.
If the assessment team determines that your child is not disabled, you must work with a North Dakota certified teacher to prepare a “remediation plan” to address your child’s academic deficiencies. The plan must stay in effect until your child achieves: (1) a basic composite score at or above the 30th percentile; or (2) a score that, when compared with the previous year’s test score, shows that your child accomplished one year of academic progress.
If the assessment team determines that your child has a disability that requires special educational services, you must obtain a “services plan” that shows your child’s special needs are being addressed by qualified persons. This plan may be developed privately or through the school district.
You must file with the local superintendent a copy of your child’s remediation plan or services plan.
Here is what to do if you have a philosophical, moral, or religious objection to the use of standardized achievement tests: When you file your statement of intent to homeschool, you may claim an exemption from the testing requirement if you have a philosophical, moral, or religious objection. To qualify for this exemption, you must: (1) be a state-certified teacher; (2) have a bachelor’s degree; or (3) have met or exceeded the cutoff score of a national teacher exam given in North Dakota (or in another state, if North Dakota does not offer the exam).
If a licensed psychologist has determined that your child has a developmental disability, you may homeschool your child by filing with the local superintendent:
Homeschooling as a private school:
To homeschool under the private school option, you must be a North Dakota certified teacher. You must also undergo a criminal history record check.
You must teach the subjects required to be taught in public schools, and your child must be in attendance for the same length of time as public schools are in session (180 days).
You can find North Dakota’s specific recordkeeping requirements, if any, above. Regardless of what state you live in, HSLDA recommends that you keep detailed records of your homeschool program. These records may be helpful if you face an investigation regarding your homeschooling or your student needs to furnish proof of education.
These records should include attendance records, information on the textbooks and workbooks your student used, samples of your student’s schoolwork, correspondence with school officials, portfolios and test results, and any other documents showing that your child is receiving an appropriate education in compliance with the law. You should maintain these records for at least two years. You should keep your student’s high school records and proof of compliance with the home education laws during the high school years (including any type of home education notice that you file with state or local officials) on file forever. HSLDA’s high school webpage has additional information about homeschool recordkeeping.
Home School Legal Defense Association is a national advocacy organization that supports the right of parents to educate their children at home. We are dedicated to protecting the legality of your homeschool while equipping you to successfully teach your children.
HSLDA members have 24/7 phone and email access to our staff of attorneys and legal assistants, who can help you understand the homeschool law in your state and will go to bat for you if a school official or other authority challenges your homeschool. Our 80,000 members—families like you!— also receive personalized advice on everything from homeschooling a high schooler to teaching a child with special needs from our team of education consultants.
Please note: The information on this page has been reviewed by an attorney, but it should not be taken as legal advice specific to your individual situation.