North Dakota Homeschool Laws: What NDCC §15.1-23 Actually Requires
North Dakota Homeschool Laws
North Dakota's homeschool statute is real — NDCC §15.1-23 runs several sections long and touches everything from parent qualifications to what happens when a child scores below the 30th percentile on a standardized test. It is not the most burdensome framework in the country, but it is detailed enough that families who skim it instead of reading it carefully end up missing requirements they did not know existed.
This is a plain-language breakdown of what the law actually says, where it is flexible, and where it is firm.
The Governing Statute: NDCC §15.1-23
All North Dakota homeschool law lives in Chapter 15.1-23 of the North Dakota Century Code. There is no separate administrative rule book or department regulation that supplements it — the statute is the primary document. When you see references to "ND homeschool regulations," they are referring to this chapter.
The compulsory attendance law that creates the legal backdrop is separate: North Dakota requires all children between ages 7 and 16 to attend school. Home education under §15.1-23 is the recognized exemption from public or private school enrollment for that age range. Once a child is enrolled in a home education program in compliance with §15.1-23, they satisfy the compulsory attendance requirement.
Parent Qualification Requirements
The law requires the supervising parent to hold at minimum a high school diploma or GED. This is a floor, not a ceiling — you do not need a teaching license to homeschool in North Dakota.
However, the law creates a meaningful two-tier system based on whether the parent qualifies as a "certified teacher." A certified teacher under §15.1-23 is someone who holds:
- A valid North Dakota teaching license, or
- A bachelor's degree (in any subject), or
- A passing score on a national teacher examination
This distinction controls whether your child is subject to the state's standardized testing requirement. If you qualify as a certified teacher, you can file a philosophical, moral, or religious objection to testing and your child is exempt. If you do not meet that threshold, testing is mandatory at grades 4, 6, 8, and 10.
The Annual Filing Requirement
North Dakota requires families to file a Statement of Intent to Provide Home Education (SFN 16909) with the local public school superintendent before beginning instruction each year. The filing is annual — there is no multi-year registration or one-time notification system.
Timing requirements under the statute:
- File at least 5 days before you begin home instruction.
- If you are new to the district, file within 14 days of establishing residency.
The form collects the child's name, grade level, subjects to be taught, and curriculum (if any). It does not require the superintendent's approval — the filing is a notification, not a permission request. However, the superintendent does have a role in the testing process, which is why the relationship with that office matters.
Families who miss the annual re-filing deadline are technically non-compliant with §15.1-23 even if they have homeschooled for years. Keep a calendar reminder.
Required Curriculum and Instruction Time
The statute specifies both the subjects that must be covered and the minimum instructional time. On subjects, the law requires:
- Reading
- Language arts and composition
- Mathematics
- Social studies — specifically including North Dakota studies with emphasis on the history and cultures of Native American tribes in the state
- Science — specifically including agriculture
- Health and physical education
- Computer science and cybersecurity
The inclusion of agriculture is a North Dakota-specific requirement that reflects the state's rural identity. It does not require a farm setting — curriculum that covers food production, soil science, or agricultural economics satisfies the requirement.
On time: the statute mandates a minimum of 175 instructional days at 4 hours per day. Parents are not required to submit attendance logs or daily schedules to the district, but records demonstrating compliance are advisable.
Standardized Testing Under §15.1-23
The testing section of the law is the one most families need to read carefully, because the consequences of low scores are real and graduated.
Who must test: Children of non-certified parents at grades 4, 6, 8, and 10. The grade 10 requirement replaced an older grade 11 requirement when North Dakota updated its A+ assessment program.
Who administers the test: A state-certified teacher. Parents cannot self-administer the test — this is a firm statutory requirement, not a district policy. If you use the ND A+ Summative Assessment, it is administered through your local district at no cost. If you use a nationally normed test (Iowa Assessments, Stanford 10, and similar tests qualify), you arrange a certified teacher to administer it at your own expense.
What the scores trigger:
The statute creates three outcome tiers based on the composite score:
At or above the 50th percentile: The family meets the requirement. No monitoring, no further action.
Below the 50th percentile but above the 30th: The child must be supervised by a certified teacher during the subsequent school year. That teacher monitors the home education program and reports to the superintendent. This is not re-enrollment — the child stays in home education — but it is a formal oversight layer.
Below the 30th percentile: The law requires a multidisciplinary assessment of the child and the development of a written remediation plan. The plan must address the identified deficiencies and is reviewed by the superintendent.
These thresholds are why preparation matters in testing years, and why families with children approaching grades 4, 6, 8, or 10 should be thinking about test readiness well in advance rather than treating it as a formality.
The testing requirements and score-consequence tiers are the most consequential parts of North Dakota's homeschool law for most families. If you want a complete compliance checklist — covering the Statement of Intent, subject documentation, testing-year planning, and the withdrawal process from public school — the North Dakota Legal Withdrawal Blueprint is built around the specific requirements of §15.1-23.
Extracurricular Participation Rights
Section §15.1-23-16 of the statute — North Dakota's Tim Tebow law — gives homeschooled students the right to participate in extracurricular activities at the public school they would otherwise attend. This includes athletics, music programs, clubs, and other non-academic activities.
Students must meet the same eligibility standards as enrolled students and comply with activity-specific rules (academic standing requirements, fees, coaching authority). The school cannot exclude a homeschooler from try-outs or membership solely on the basis of their enrollment status.
What the Law Does Not Require
Equally important is what §15.1-23 does not mandate:
- No approval from the superintendent before beginning home education (filing is notification only)
- No portfolio submission or record review by the district
- No annual progress report beyond the testing results in required grades
- No home visits or inspections
- No specific curriculum approval (you choose your own materials)
- No minimum age for beginning home education (the compulsory attendance age of 7 is the relevant threshold, but families often start earlier)
North Dakota's homeschool enrollment of 5,953 students in 2025-2026 — a 19% increase in a single year — suggests families are navigating the system successfully at scale. The statute is detailed, but it is workable once you know which sections apply to your situation.
For a complete breakdown of the withdrawal process, required filings, and annual compliance steps under North Dakota law, see the North Dakota Legal Withdrawal Blueprint.