CURRENT GRADE: F

There is no education freedom in North Dakota but several pieces of legislation are being considered in 2025 including education savings accounts and charter schools.

Homeschooling is burdensome with a lot of government oversight.

Compulsory attendance is required for ages 7-16 years old.

Education Options

  • School choice legislation is being considered in 2025 and has passed the Senate.
  • A public charter school bill was defeated in the ND House in 2025.

Homeschooling Laws

Here are state laws on the topic of homeschooling:

  • A statement of intent must be submitted and parent must wait 5 days after sending to begin homeschool.
  • Parent must hold a high school diploma or GED to instruct.
  • Must submit to standardized testing but may opt out for religious purposes.
  • Must maintain annual records.
  • The public school superintendent determines academic progress of homeschooled students and reviews their records.
  • Homeschooled students may participate in public school extracurricular activities.
  • Immunizations are required for homeschool students unless there is a medical or religious exemption.

Religious Exemptions:

  • There are no religious exemption laws for compulsory education.

    The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Many argue that a religious conviction to provide a home-based education is constitutionally protected and a state religious exemption law is not a requirement to be able to homeschool on religious grounds.

    It should be noted that the U.S. Supreme Court in Wisconsin v. Yoder (1972) established that “Under the Free Exercise Clause of the First Amendment, a state law requiring that children attend school past eighth grade violates the parents’ constitutional right to direct the religious upbringing of their children.” (The case involved a challenge of a 16-year-old student to be exempt, so the scope was limited)