Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in North Dakota and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in North Dakota.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
Statement of Intent to Home Educate
This Statement of Intent is provided by the North Dakota Home School Association.
North Dakota Department of Public Instruction
The Superintendent of Public Instruction is required to enforce all state statutes and federal regulations pertaining to the establishment and maintenance of public schools and related programs, supervise the ND Schools for the Deaf and Blind, and the State Library, operate the Department of Public Instruction efficiently and effectively, expand the delivery options that increase educational opportunities for all North Dakota citizens, evaluate and communicate educational policy and vision to al...
Keeping Homeschooling Private
Homeschoolers have been vigilant in protecting their rights, rising to the occasion when they discover threats to clamp down on their activities. Discusses some of the criticisms by opponents of homeschooling, along with the examples of some legal fights in Connecticut and Montana.
Pacific Justice Institute (PJI)
Pacific Justice Institute is a non-profit legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. PJI provides free representation to parents who are unlawfully denied the right to homeschool their children. PJI also provides legal counsel to those parents wishing to homeschool, but do not know their legal options or obligations.
State Laws Concerning Participation of Homeschool Students in Public School Activities
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary
In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."
Commentary on the North Dakota Home School Law
This summary is provided by the North Dakota Home School Association (NDHSA). The laws regulating home education in North Dakota are some of the most restrictive in the nation. NDHSA offers some insight into the application of these laws.
Chapter 15.1-23 Home Education
15.1-23-01. Home education - Definition. For purposes of this chapter, "home education" means a program of education supervised by a child's parent, in the child's home, in accordance with the requirements of this chapter. 15.1-23-02. Statement of intent to supervise home education. At least fourteen 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 superv...
Home School Legal Defense Association (HSLDA)
The Home School Legal Defense Association is a non-profit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms. HSLDA offers annual memberships and fully represents member families when they are in need of legal assistance. HSLDA also participates in legislative advocacy and research.
North Dakota Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in North Dakota. Includes a link to a legal analysis of laws relating to homeschooling in North Dakota.
Statement of Intent
North Dakota Century Code (NDCC) 15.1-23-02 - “At least fourteen 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 coun...
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
U.S. Department of Education
The website for the U.S. Department of Education.
Association of HomeSchool Attorneys (AHSA)
AHSA is an informal network of attorneys and legal experts in the United States supporting homeschooling and homeschoolers by providing legal information about homeschooling issues, empowering homeschoolers to have the legal tools they need to meet homeschooling challenges, and providing a network of attorneys for legal representation. The website includes a legal directory by state.
Summary of the North Dakota Law
This is a summary of the NDHSA's understanding of the law
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