# Title 15.1 — Elementary and Secondary Education

## Chapter 15.1-23 — Home Education

### § 15.1-23-01. Definitions.

In this chapter:
1. "Home education" means a program of education supervised by a child's parent in
accordance with the requirements of this chapter.
2. "Parent" includes a child's legal guardian.
3. "Supervise" means the selection of materials, determination of an educational
philosophy, and oversight of the method, manner, and delivery of instruction.
### § 15.1-23-02. Statement of intent to supervise home education.

At least five 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. The statement must include:
a. The name, address, date of birth, and grade level of the child receiving home
education;
b. The name, address, and qualifications of the parent who will supervise the home
education;
c. Any public school courses in which the child intends to participate and the school
district offering the courses; and
d. Any extracurricular activities in which the child intends to participate and the
school district or approved nonpublic school offering the activities.
2. The statement must be accompanied by a copy of the child's immunization record and
proof of the child's identity as required by section 12-60-26.
3. The superintendent of the child's school district of residence or if no superintendent is
employed, the county superintendent of schools for the child's county of residence
shall report the number of statements of intent that have been filed in accordance with
this section to the superintendent of public instruction at the time and in the manner
required by the superintendent of public instruction.
### § 15.1-23-03. Home education - Parental qualifications.

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.
### § 15.1-23-04. Home education - Required subjects - Instructional time.

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.
### § 15.1-23-05. Home education - Academic records.

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.
### § 15.1-23-06. Home education - Required monitoring of progress.

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.
If testing is not required by section 15.1-23-07 during the first two years of monitoring, the period
of monitoring may not be extended, except upon the mutual consent of the parent and the
monitor. If a parent completes the monitoring requirements of this section for one child, the
parent may not be monitored with respect to other children for whom the parent supervises
home education.
### § 15.1-23-07. Home education - Required monitoring of progress - Reporting of

progress - Compensation.
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.
2. The individual assigned by the school district or selected by the parent under
subsection 1 must be licensed to teach by the education standards and practices
board or approved to teach by the education standards and practices board.
3. Twice during each school year, the individual shall report the child's progress to the
school district superintendent or to the county superintendent if the district does not
employ a superintendent.
4. If one child receives home education, the individual shall spend an average of one
hour per week in contact with the child and the child's parent. If two or more children
receive home education, the individual shall spend one-half hour per month for each
additional child receiving home education. If the child attends a public or an approved
nonpublic school, the time may be proportionately reduced.
### § 15.1-23-08. Test administration.

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.
### § 15.1-23-09. Home education - Standardized achievement test - Exemption.

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.
2. a. The requirement of subsection 1 does not apply if the parent notifies the school
district in which the child resides that the parent has a philosophical, moral, or
religious objection to the use of standardized achievement tests or the parent:
(1) Is licensed to teach by the education standards and practices board or
approved to teach by the education standards and practices board;
(2) Holds a baccalaureate degree; or
(3) Has met or exceeded the cutoff score of a national teacher examination
given in this state or in any other state if this state does not offer such an
examination.
b. The parent shall file the notification and necessary documentation required by
this subsection with the school district at the same time that the parent files the
statement of intent to supervise home education required by section 15.1-23-02.

### § 15.1-23-10. Home education - Standardized achievement test - Cost.

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.
2. a. If the child takes a nationally normed standardized achievement test not used by
the school district in which the child resides, the child's parent is responsible for
the cost of the test.
b. The cost of administering a test under this subsection is the responsibility of the
child's parent if the test is administered by an individual who is selected by the
parent. An individual selected by the child's parent to administer a test under this
subsection must be licensed to teach by the education standards and practices
board or approved to teach by the education standards and practices board.
c. The cost of administering a test under this subsection is the responsibility of the
school district if, at the request of the child's parent, the school district administers
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.
### § 15.1-23-11. Home education - Standardized achievement test - Results.

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.
2. If the child's basic composite score on a standardized achievement test is less than
the thirtieth percentile nationally, a multidisciplinary assessment team shall assess the
child for a potential learning problem under rules adopted by the superintendent of
public instruction.
3. If the multidisciplinary assessment team determines that the child is not disabled and
the child's parent wishes to continue home education, the parent, with the advice and
consent of an individual who is licensed to teach by the education standards and
practices board or approved to teach by the education standards and practices board,
shall prepare a remediation plan to address the child's academic deficiencies and file
the plan with the superintendent of the school district or with the county superintendent
if the district does not employ a superintendent. The parent is responsible for any costs
associated with the development of the remediation plan. If the parent fails to file a
remediation plan, the parent is deemed to be in violation of compulsory school
attendance provisions and may no longer supervise the home education of the child.
### § 15.1-23-12. Home education - Remediation plan.

The superintendent of the school district shall use the remediation plan required by section
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. The child's parent, with the advice and consent of an individual who is licensed to
teach by the education standards and practices board or who is approved to teach by the
education standards and practices board, may amend the remediation plan from time to time in
order to accommodate the child's academic needs. If after a remediation plan is no longer in
effect the child fails to demonstrate reasonable academic progress on a subsequent test
required by this section, a remediation plan must again be developed and implemented.

### § 15.1-23-13. Home education - Disabilities - Services plan.

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.
### § 15.1-23-14. Child with a developmental disability - Home education.

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:
a. A notice that the child will receive home education;
b. A copy of the child's diagnosis of a developmental disability prepared and
attested to by a licensed psychologist; and
c. A services plan developed and followed by the child's school district of residence
and the child's parent; or, after providing written notice to the superintendent of
the child's school district of residence, a substitute services plan, developed and
followed, according to section 15.1-23-15, by a services plan team selected by
and compensated by the child's parent.
### § 15.1-23-15. Child with a developmental disability - Home education - Progress

reports.
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
progress reports prepared by the services plan team selected under section
### § 15.1-23-14. If at any time the services plan team agrees the child is not making

adequate progress or maintaining progress made based on academic ability, the team
shall notify the superintendent of the child's school district of residence and request the
child be evaluated by a multidisciplinary team appointed by the superintendent of the
child's school district of residence.
2. The superintendent of the child's school district of residence shall forward copies of all
documentation required by this section to the superintendent of public instruction.

### § 15.1-23-16. Home education - Participation in extracurricular activities.

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.
2. For purposes of this section, a child participating under the auspices of the child's
school district of residence is subject to the same standards for participation in
extracurricular activities as those required of full-time students enrolled in the district.
3. For purposes of this section, a child participating under the auspices of an approved
nonpublic school is subject to the same standards for participation in extracurricular
activities as those required of full-time students enrolled in the school.
4. Once a child's parent has selected the public school district or the approved nonpublic
school in which the child will participate for purposes of extracurricular activities and
has provided notification of the selection through the statement required by section
15.1-23-02, the child is subject to the transfer rules as provided in the constitution and
bylaws of the North Dakota high school activities association.
### § 15.1-23-17. Home education - High school diplomas.

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.
2. In the alternative, a high school diploma may be issued by the child's school district of
residence, an approved nonpublic high school, or the center for distance education
provided the child, through home education, has completed at least twenty-two units of
high school coursework from the minimum required curriculum offerings established by
law for public and nonpublic schools and the child's parent or legal guardian 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. The issuing entity
may indicate on a diploma issued under this subsection that the child was provided
with home education.
3. If for any reason the documentation required in subsection 1 or 2 is unavailable, the
entity issuing the diploma may accept any other reasonable proof that the child has
met the applicable requirements for high school graduation.
### § 15.1-23-18. Home education - Liability.

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.
### § 15.1-23-19. Home education - State aid to school districts.

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.
