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.
The Politics of Survival: Home Schoolers and the Law
Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.
National Home Education Legal Defense (NHELD)
National Home Education Legal Defense was founded by Attorney Deborah G. Stevenson as a non-sectarian legal support organization. NHELD offers its members legal assistance by an attorney licensed to practice in your state working with NHELD licensed attorneys. Members are also kept apprised of pending legislative action, scholarship programs, and other programs beneficial to homeschoolers.
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...
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recog...
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes.
Summary of the North Dakota Law
This is a summary of the NDHSA's understanding of the law
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...
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...
Homeschooling Litigation: Preparing the Way
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
Home School Laws from HSLDA
Find the laws pertaining to home education for all 50 states and U.S. territories.
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.
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.
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.
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Featured Resources
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100 Top Picks For Homeschool Curriculum: Choosing The Right Curriculum And Approach For Your Child's Learning Style
The key to successful home education is determining your educational philosophy and linking it to your child’s learning style. Then you can make an informed decision in choosing the right educational curriculum for the child. Homeschool guru Cathy Du...
Homeschooling Essentials: A Practical Guide to Getting Started
If you're ready to begin homeschooling, then the experiences of others can offer valuable help and encouragement as you jump into this new adventure. This practical guide answers common questions, helps you navigate the legalities of homeschooling, t...