Parents who choose to homeschool their children understand that embracing a home education approach isn't easy. It tends to be time-intensive and labor-intensive for those providing instruction and can even be quite expensive. Yet, there are parents who are willing to navigate all of these challenges in order to give their kids experiences that they wouldn't be able to receive in a traditional classroom setting. Many homeschool parents are uniquely dedicated to and invested in their children's education. Yet, instead of being commended for their efforts, parents who homeschool are often scrutinized, run up against red tape, and may even face pushback by the state.
If you homeschool your child, you may be frustratingly familiar with this reality. You may be lacking support from your local school district, facing scrutiny from the North Dakota Department of Human Services (DHS), or navigating unreasonably tough challenges posed by the North Dakota Department of Public Instruction (NDDPI). Thankfully, whether you need to take action or respond to actions taken by others, you don't have to move forward alone.
The Student Defense Team at the Lento Law Firm regularly serves the interests of parents who homeschool in North Dakota and throughout the country. And because we've effectively “seen it all,” you shouldn't be embarrassed about approaching us for support, whether your concern is seemingly large or small. Our attorneys know how to successfully navigate both complex and straightforward concerns. As a result, whether you have questions about a situation that is still evolving or you are in need of immediate support, we're ready to take your call. Speak with us about your situation today by dialing 888-535-3686 or by reaching out to the Lento Law Firm online. We look forward to speaking with you.
Taking Action Is Sometimes Necessary
If you are under scrutiny, you may have no choice but to respond to actions initiated by others. We can help. But what if you're navigating a tough situation, and it's you who is thinking about taking action proactively? We can help then, too. With that said, we understand that you may be hesitant to push back against the way in which you and your child are being treated. Perhaps, especially if you grew up in the Midwest, you may be hesitant to question those in positions of authority because this kind of self-asserting behavior is likely not how you were raised. However, exercising respect for those who serve the public and exercising self-respect are not mutually exclusive courses of action.
Depending on the details of your circumstances, you may need to negotiate, appeal, or otherwise take action in order to safeguard your rights and your child's rights. Otherwise, mistakes or misunderstandings made by those in authority could unfairly affect your family's well-being. Our Student Defense Team understands how to respond effectively to those who are causing you trouble. If negotiation or appeal efforts do not result in a favorable outcome, we can – if necessary – take your situation to court so that a judge can seek a fair resolution to your situation. We might need to speak out against the actions of a school district, or we may even need to question a state agency. No matter what the best course of action is for your unique situation, we will do what it takes to build a strong case in your favor.
North Dakota Homeschool Law – Parents as Instructors
North Dakota empowers parents who wish to offer their minor children homeschool instruction as long as they honor certain legal requirements. North Dakota, like neighboring Minnesota, is considered a moderately regulated state when it comes to homeschooling. By contrast, South Dakota and many of the states in the west and south are classified as low regulation, whereas there are some states in the northeast that are classified as high regulation.
Homeschooling – often referred to in North Dakota as home education – is primarily governed by Title 15 of the state's Century Code. This set of legal requirements, rights, and clarifications defines home education as “a program of education supervised by a child's parent in accordance with the requirements of this chapter.” Note that this definition does not empower non-traditional educators to provide minors with instruction outside of classroom settings. As such, it's important for any parents who are hoping to outsource their home-based learning approach to keep this in mind. While accessing technology and resources outside one's own expertise is certainly acceptable, North Dakota law specifically empowers parents alone to provide home education opportunities. If you function as a child's parent and the state is questioning your eligibility to provide home education, we can provide you with the support you require.
North Dakota Homeschool Law – Initial Monitoring
North Dakota recognizes biological parents, adoptive parents, step-parents, and legal guardians as parents for the purposes of home education. In order to provide minor children with home-based instruction, parents are required to have a high school diploma or a general educational development diploma. In the event that a child's parent does not possess these qualifications, they can still provide home-based instruction if they adhere to specific monitoring requirements for the first two years of their instruction regimen.
This monitoring requirement will be extended for at least one additional year if a child receiving home instruction “obtains a basic composite standardized achievement test score below the fiftieth percentile nationally.” In addition to the additional one-year monitoring baseline for low-scoring test takers, monitoring could continue indefinitely until the child at issue earns a test score at or above that benchmark. Note that if more than one child in the home is being offered alternative instruction, a monitor sent to oversee the education of a low test taker is not empowered to monitor other children in the home whose test scores are sufficient.
When monitoring is required, the local school district where the homeschooling family in question resides is required to assign and compensate the person who is acting as a homeschooled child's monitor. The only exception to this rule comes into play if a homeschooling family wants to both choose and compensate someone to act as a monitor. If this right is exercised, the self-selected monitor must be licensed or approved to teach by the state's education standards and practices board.
With all of this said, there are some narrow exceptions to monitoring requirements, so if you feel that your family is being unfairly targeted for excessive monitoring, don't hesitate to contact us for personalized guidance about your rights.
North Dakota Homeschool Law – Notifying the State
Sometimes, parents who aspire to provide home education get understandably tripped up by the state's notification requirement. They are either unaware of this requirement, or the state makes a mistake and doesn't properly recognize the notice that has been served. In North Dakota, notice of a family's intention to provide home education must be provided to the state's Department of Public Instruction.
This notice should be served – at a minimum – five days before home education instruction commences or, depending on a family's circumstances, within two weeks of a child's residence being established in a new school district. This notice must be re-served once annually after that initial heads-up to the state. The notice must consist of a statement filed with the superintendent of the school district of residence or the county of residence. The statement must contain the name, grade level, date of birth, and address of the child receiving home instruction, as well as the name, qualifications, and address of the parent who will be supervising that child's instruction. If the child is going to be taking any public school classes and/or participating in any extracurricular activities provided by the school district of residence, this information should be noted as well. Finally, a copy of the child's immunization record and proof of their identity should be attached to the statement. Should issues arise with this notification requirement, we can help to rectify them.
North Dakota Homeschool Law – Ongoing Requirements
Other times, it isn't a parent's qualifications or the state's notice requirements that lead to trouble. It's the ongoing mandates that families that provide home instruction are obligated to honor. In North Dakota, parents who supervise home education must instruct their children in any and all subjects in which state law requires public school children to receive instruction. This instruction must take place over a minimum of four hours daily for at least 175 days annually. Failure to meet these requirements could be considered truancy, which could lead to scrutiny at the district and/or state level.
In order to safeguard against scrutiny related to these requirements, parents supervising home education should keep records of their children's coursework and academic progress assessments. Any administration of standardized achievement tests shall be reported to a child's school district of residence as well. There are numerous specific requirements concerning standardized achievement testing (applicable uniquely to children who receive home education) outlined in the state Code's sections 15.1-23-09 through 15.1-23-11. The complexities of these requirements can become overwhelming. Know that if your family is being scrutinized as a result of ongoing academic requirements, we can help you resolve the situation favorably.
Effectively, this means that the requirements of the state's compulsory education law can be satisfied outside of a traditional classroom setting. And yet, too often, those who choose this educational avenue receive pushback, are subject to harassment, and/or fail to receive the support to which they are rightfully entitled. When parents who embrace alternative instruction methods are targeted, or if a need for support is not being sufficiently resolved, taking action may become necessary.
North Dakota Homeschool Law – Children with Disabilities
It is possible that you have decided to provide home education for your child – partially or totally – because they have disabilities that may not be adequately addressed in a traditional classroom setting. In North Dakota, there are special requirements that apply to a homeschooling situation wherein a child receiving instruction has a physical and/or developmental disability that requires specialized instruction. These requirements are detailed in the state Code's sections 15.1-23-13 through 15.1-23-15.
Essentially, it is possible to provide home instruction to a child with disabilities, provided that it can be proven that such an approach will meet their needs, that certain reporting requirements are honored, and that adequate progress is being made over the course of that child's instruction. However, as many parents of children with disabilities know from firsthand experience, it isn't always easy to prove that a child whose needs are unique is being cared for well, let alone adequately. The scrutiny with which school districts and the state may impose upon a family whose members include a child with special needs can be unreasonable, to describe the situation mildly. Sometimes, parents are even targeted by the North Dakota Department of Human Services out of concern that their approach to education is downright negligent. As a result, it may be necessary to seek legal guidance and support if such scrutiny is threatening to spiral out of control or otherwise inspire negative consequences for a child with disabilities and/or their family.
North Dakota Homeschool Law – Extracurricular Activities
Finally, it is sometimes necessary to seek support when a child who receives home instruction is unfairly denied opportunities to participate in extracurricular activities as protected by law. Sometimes, rectifying this situation is as (relatively) simple as educating a child's home school district about the state's rules. Sometimes, additional action is required. If your child is facing such challenges, know that we will seek to resolve them as amicably and efficiently as possible.
Legal Assistance Is Available
If you either hope to or already provide your child with home education opportunities, and you're facing challenges accordingly, know that the Student Defense Team at the Lento Law Firm can help. Although few law firms intimately understand this area of law, we do. And because we practice nationwide and have encountered virtually every homeschool challenge imaginable, we know how to secure favorable results for our clients.
Your child's academic present and future are important. We're ready to do what needs to be done to preserve their rights and opportunities as they move forward. Tell us about your needs today by calling 888-535-3686 or by contacting us online today. We are ready to begin building the strongest possible case on your child's behalf as soon as we learn the details of their situation.
