North Dakota Homeschool Private School Option: What Certified Teachers Need to Know

North Dakota's homeschool law gives certified teachers a choice that most ND families do not have: you can operate your home education under the private school provisions of NDCC §15.1-23, rather than under the standard homeschool rules. The differences are significant enough to matter — especially if you want to avoid standardized testing requirements and operate under a longer instructional year standard.

This post covers exactly what the private school option entails, who qualifies, and how it compares to the standard non-certified homeschool track.

The Two Tracks That Apply to Certified Teachers

Under NDCC §15.1-23, North Dakota creates different rules for homeschool families depending on the parent's educational credentials:

• Standard home-education tracks: Tier 2 is for a parent with a high school diploma or GED; Tier 3 is for a parent without one. Testing applies in grades 4, 6, 8, and 10 unless a qualifying exemption applies, with 175 instructional days for these tracks.
• Certified teacher track: parent holds a valid North Dakota teaching certificate. Can operate under different standards — including the private school provisions.

If you hold a current teaching certificate, you are not required to use the standard homeschool framework. You have the option to operate under the private school provisions instead, which changes several requirements.

What the Private School Option Changes

Instructional days: 180, not 175. Private schools in North Dakota must operate for 180 days per year, compared to the 175-day requirement for standard homeschool families. If you use the private school track, your instructional year must meet the 180-day threshold. This is a minor difference in practice — most families operating year-round or on a traditional calendar will easily meet 180 days — but it is worth knowing before you start your planning.

No standardized testing requirement. This is the most significant advantage of the private school track for certified teacher families. Under the standard Tier 2 and Tier 3 home-education tracks, testing applies in grades 4, 6, 8, and 10 unless a qualifying exemption applies, and the test must be administered by a North Dakota state-certified teacher. Under the private school provisions, this testing obligation does not apply. Your home school functions as an approved nonpublic/private-school option distinct from the SFN 16909 path.

Criminal background check required. Operating under the private school track requires the teaching parent to complete a criminal background check. This is not required on the standard homeschool tracks. If you plan to use the private school option, factor in the time and cost of obtaining a current background check from the North Dakota Bureau of Criminal Investigation.

No monitored educator requirement. On the Tier 3 track, parents without a high school diploma or GED must have a state-licensed teacher monitor the program for the first two years, with at least one hour of direct contact per week. The private school track does not trigger this requirement — you are operating as a private school, not as a parent without credentials.

What Does Not Change

Regardless of which track you use, certain obligations remain the same:

• Tiers 2 and 3 still file a Statement of Intent (SFN 16909) with the local superintendent before beginning home education, at least 14 days in advance, with a five-day waiting period before starting; the Private School Option uses private-school paperwork instead.
• You are still responsible for providing instruction in the required subjects under North Dakota law (language arts, mathematics, social studies, science, health, physical education, and others).
• Records of attendance and coursework are still good practice to maintain, even if the private school track does not specify the same documentation requirements as the non-certified track.

How to Operate Under the Private School Option

When you use the Private School Option, follow the private-school paperwork process rather than the SFN 16909 home-education path, and document that your active North Dakota teaching certification qualifies you for the option.

In practice, this means:

1. Confirm your North Dakota teaching certificate is current and valid.
2. Obtain a criminal background check.
3. Complete the applicable private-school paperwork through the required local process.
4. Plan your instructional year for 180 days rather than 175.
5. Maintain records as you would for any structured educational program — even without a testing mandate, good documentation protects you if questions arise.

The Testing Exemption in Context

The absence of a standardized testing requirement on the private school track is genuinely useful, but it is worth being clear about what it means and what it does not mean.

It means your child will not be required to take the Iowa Test, Stanford Achievement Test, or another nationally normed test under the Tier 2/3 testing schedule, and you will not face a remediation process based on test results under the Private School Option.

It does not mean documentation becomes irrelevant. If your child later applies to public or private colleges, or re-enters the public school system, having organized academic records — transcripts, course descriptions, grade records — will matter. The private school track exempts you from the state's testing compliance loop, not from the practical need to show what your child learned.

For that documentation work, the North Dakota Portfolio & Assessment Templates provide the tracking forms, subject coverage tools, and transcript frameworks that apply to both the standard and private school tracks — so your records are in order when they need to be, regardless of which compliance pathway you chose.

Comparing the Options Side by Side

The private school option is not universally better — it just trades one set of requirements for another. For certified teachers who want to avoid scheduled standardized testing and the compliance overhead that comes with it, it is clearly the more favorable track. For non-certified parents, it is simply not available.

If you hold a teaching certificate and are evaluating whether to homeschool in North Dakota, understanding this option is worth your time before you file the applicable paperwork.

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