CHAPTER 15.1-23HOME EDUCATION15.1-23-01.(Effective through July 31, 2011) Home education - Definition.Forpurposes of this chapter, "home education" means a program of education supervised by a<br>child's parent in accordance with the requirements of this chapter.(Effective after July 31, 2011) Home education - Definition.For purposes of thischapter, "home education" means a program of education supervised by a child's parent, in the<br>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 daysbefore beginning home education or within fourteen days of establishing a child's residence in a<br>school district, and once each year thereafter, a parent intending to supervise or supervising<br>home education shall file a statement, reflecting that intent or fact, with the superintendent of the<br>child's school district of residence or if no superintendent is employed, with the county<br>superintendent of schools for the child's county of residence.1.The statement must include:a.The name and address of the child receiving home education;b.The child's date of birth;c.The child's grade level;d.The name and address of the parent who will supervise the home education;e.The qualifications of the parent who will supervise the home education;f.Any public school courses in which the child intends to participate and the<br>school district offering the courses; andg.Any extracurricular activities in which the child intends to participate and the<br>school district or approved nonpublic school offering the activities.2.The statement must be accompanied by a copy of the child's immunization record<br>and proof of the child's identity as required by section 54-23.2-04.2.15.1-23-03.(Effective through July 31, 2011) Home education - Parentalqualifications. A parent may supervise home education if the parent:1.Holds a high school diploma or a general educational development diploma; or2.Meets the requirements of section 15.1-23-06.(Effective after July 31, 2011) Home education - Parental qualifications. A parentmay supervise home education if the parent:1.Is licensed to teach by the education standards and practices board or approved to<br>teach by the education standards and practices board;2.Holds a baccalaureate degree;3.Has met or exceeded the cutoff score of a national teacher examination given in this<br>state or in any other state if this state does not offer such a test; or4.Meets the requirements of section 15.1-23-06.Page No. 115.1-23-04.Home education - Required subjects - Instructional time.A parentsupervising home education shall include instruction in those subjects required by law to be<br>taught to public school students. The instruction must have a duration of at least four hours each<br>day for a minimum of one hundred seventy-five days each year.15.1-23-05.Home education - Academic records.A parent supervising homeeducation shall maintain an annual record of courses taken by the child and the child's academic<br>progress assessments, including any standardized achievement test results. If the child transfers<br>to a public school district, the parent shall furnish the record, upon request, to the school district<br>superintendent or other administrator.15.1-23-06.(Effective through July 31, 2011) Home education - Requiredmonitoring of progress. A parent who does not meet the qualifications provided in section<br>15.1-23-03 may supervise home education but must be monitored in accordance with section<br>15.1-23-07 for the first two years. If a child receiving home education obtains a basic composite<br>standardized achievement test score below the fiftieth percentile nationally, the parent must be<br>monitored for at least one additional school year and until the child receives a test score at or<br>above the fiftieth percentile. If testing is not required by section 15.1-23-07 during the first two<br>years of monitoring, the period of monitoring may not be extended, except upon the mutual<br>consent of the parent and the monitor. If a parent completes the monitoring requirements of this<br>section for one child, the parent may not be monitored with respect to other children for whom<br>the parent supervises home education.(Effective after July 31, 2011) Home education - Required monitoring of progress.A parent who has a high school diploma or a general education development certificate may<br>supervise home education but must be monitored in accordance with section 15.1-23-07 for the<br>first two years.If a child receiving home education obtains a basic composite standardizedachievement test score below the fiftieth percentile nationally, the parent must be monitored for<br>at least one additional school year and until the child receives a test score at or above the fiftieth<br>percentile. If testing is not required by section 15.1-23-07 during the first two years of monitoring,<br>the period of monitoring may not be extended, except upon the mutual consent of the parent and<br>the monitor. If a parent completes the monitoring requirements of this section for one child, the<br>parent may not be monitored with respect to other children for whom the parent supervises home<br>education.15.1-23-07.Home education - Required monitoring of progress - Reporting ofprogress - Compensation.1.If monitoring is required under section 15.1-23-06, the school district shall assign<br>and compensate an individual to monitor a child receiving home education unless<br>the parent notifies the school district that the parent shall select and compensate an<br>individual to monitor the child.2.The individual assigned by the school district or selected by the parent under<br>subsection 1 must be licensed to teach by the education standards and practices<br>board or approved to teach by the education standards and practices board.3.Twice during each school year, the individual shall report the child's progress to the<br>school district superintendent or to the county superintendent if the district does not<br>employ a superintendent.4.If one child receives home education, the individual shall spend an average of one<br>hour per week in contact with the child and the child's parent. If two or more children<br>receive home education, the individual shall spend one-half hour per month for each<br>additional child receiving home education.If the child attends a public or anapproved nonpublic school, the time may be proportionately reduced.Page No. 215.1-23-08. (Effective through July 31, 2011) Test administration. An individual whoin accordance with this chapter administers a standardized achievement test to a child receiving<br>home education shall notify the child's school district of residence.(Effective after July 31, 2011) Monitoring or test administration. An individual who inaccordance with this chapter monitors a child receiving home education or who administers a<br>standardized achievement test to a child receiving home education shall notify the child's school<br>district of residence.15.1-23-09. Home education - Standardized achievement test. While in grades four,six, eight, and ten, each child receiving home education shall take a standardized achievement<br>test used by the school district in which the child resides or, if requested by the parent, shall take<br>a nationally normed standardized achievement test. The child shall take the test in the child's<br>learning environment or, if requested by the child's parent, in a public school. An individual<br>licensed to teach by the education standards and practices board or approved to teach by the<br>education standards and practices board shall administer the test.15.1-23-10. Home education - Standardized achievement test - Cost.1.If a child receiving home education takes the standardized achievement test used by<br>the school district in which the child resides, the school district is responsible for the<br>cost of the test and for the cost of administering the test. The school district shall<br>ensure that the test is administered by an individual who is employed by the district<br>and who is licensed to teach by the education standards and practices board or<br>approved to teach by the education standards and practices board.2.a.If the child takes a nationally normed standardized achievement test not used<br>by the school district in which the child resides, the child's parent is responsible<br>for the cost of the test.b.The cost of administering a test under this subsection is the responsibility of the<br>child's parent if the test is administered by an individual who is selected by the<br>parent. An individual selected by the child's parent to administer a test under<br>this subsection must be licensed to teach by the education standards and<br>practices board or approved to teach by the education standards and practices<br>board.c.The cost of administering a test under this subsection is the responsibility of the<br>school district if, at the request of the child's parent, the school district<br>administers the test.The school district shall ensure that the test isadministered by an individual who is employed by the district and who is<br>licensed to teach by the education standards and practices board or approved<br>to teach by the education standards and practices board.15.1-23-11. Home education - Standardized achievement test - Results.1.A parent supervising home education shall file the results of the child's standardized<br>achievement test with the superintendent of the district in which the child resides or<br>with the county superintendent if the district does not employ a superintendent.2.If the child's basic composite score on a standardized achievement test is less than<br>the thirtieth percentile nationally, a multidisciplinary assessment team shall assess<br>the child for a potential learning problem under rules adopted by the superintendent<br>of public instruction.3.If the multidisciplinary assessment team determines that the child is not disabled<br>and the child's parent wishes to continue home education, the parent, with the<br>advice and consent of an individual who is licensed to teach by the education<br>standards and practices board or approved to teach by the education standards andPage No. 3practices board, shall prepare a remediation plan to address the child's academic<br>deficiencies and file the plan with the superintendent of the school district or with the<br>county superintendent if the district does not employ a superintendent. The parent is<br>responsible for any costs associated with the development of the remediation plan.<br>If the parent fails to file a remediation plan, the parent is deemed to be in violation of<br>compulsory school attendance provisions and may no longer supervise the home<br>education of the child.15.1-23-12. Home education - Remediation plan. The superintendent of the schooldistrict shall use the remediation plan required by section 15.1-23-11 as the basis for determining<br>reasonable academic progress. The remediation plan must remain in effect until such time as<br>the child achieves on a standardized achievement test a basic composite score at or above the<br>thirtieth percentile or a score, which when compared to the previous year's test score,<br>demonstrates one year of academic progress. At the option of the parent, the test may be one<br>required by section 15.1-23-09 or one administered in a higher grade level. The child's parent,<br>with the advice and consent of an individual who is licensed to teach by the education standards<br>and practices board or who is approved to teach by the education standards and practices board,<br>may amend the remediation plan from time to time in order to accommodate the child's<br>academic needs. If after a remediation plan is no longer in effect the child fails to demonstrate<br>reasonable academic progress on a subsequent test required by this section, a remediation plan<br>must again be developed and implemented.15.1-23-13. Home education - Disabilities - Services plan.1.a.If a multidisciplinary assessment team, using eligibility criteria established by<br>the superintendent of public instruction, determines that the child is disabled,<br>that the child requires specially designed instruction due to the disability, and<br>that this instruction cannot be provided without special education and related<br>services, the parent may continue to supervise home education, provided that:(1)The parent files with the school district superintendent a services plan<br>that was developed privately or through the school district; and(2)The services plan demonstrates that the child's special needs are being<br>addressed by persons qualified to provide special education or related<br>services.b.If the multidisciplinary team determines that the child has a developmental<br>disability, the parent may continue to supervise home education under the<br>provisions of sections 15.1-23-14 and 15.1-23-15.2.Annually, the superintendent of the child's school district of residence shall<br>determine reasonable academic progress based on the child's services plan.3.If a parent fails to file a services plan as required by this section, the parent is<br>deemed to be in violation of the compulsory school attendance provisions and may<br>no longer supervise the home education of the child.4.A child who was once evaluated by a multidisciplinary assessment team need not be<br>reevaluated for a potential learning problem upon scoring below the thirtieth<br>percentile on a subsequent standardized achievement test unless the reevaluation is<br>performed pursuant to the child's services plan.15.1-23-14. Child with a developmental disability - Home education. A parent maysupervise home education for a child with a developmental disability if:1.The child has been determined to have a developmental disability by a licensed<br>psychologist;Page No. 42.The child's parent is qualified to supervise home education under this chapter; and3.The child's parent files with the superintendent of the child's school district of<br>residence:a.A notice that the child will receive home education;b.A copy of the child's diagnosis of a developmental disability prepared and<br>attested to by a licensed psychologist; andc.A services plan developed and followed by the child's school district of<br>residence and the child's parent; or, after providing written notice to the<br>superintendent of the child's school district of residence, a substitute services<br>plan, developed and followed, according to section 15.1-23-15, by a services<br>plan team selected by and compensated by the child's parent.15.1-23-15.Child with a developmental disability - Home education - Progressreports.1.On or before November first, February first, and May first of each school year, a<br>parent supervising home education for a child with a developmental disability under<br>section 15.1-23-14 shall file with the superintendent of the child's school district of<br>residence progress reports prepared by the services plan team selected under<br>section 15.1-23-14. If at any time the services plan team agrees that the child is not<br>benefiting from home education, the team shall notify the superintendent of the<br>child's school district of residence and request that the child be evaluated by a<br>multidisciplinary team appointed by the superintendent of the child's school district of<br>residence.2.The superintendent of the child's school district of residence shall forward copies of<br>all documentation required by this section to the superintendent of public instruction.15.1-23-16. Home education - Participation in extracurricular activities.1.A child receiving home education may participate in extracurricular activities either:a.Under the auspices of the child's school district of residence; orb.Under the auspices of an approved nonpublic school, if permitted by the<br>administrator of the school.2.For purposes of this section, a child participating under the auspices of the child's<br>school district of residence is subject to the same standards for participation in<br>extracurricular activities as those required of full-time students enrolled in the district.3.For purposes of this section, a child participating under the auspices of an approved<br>nonpublic school is subject to the same standards for participation in extracurricular<br>activities as those required of full-time students enrolled in the school.4.Once a child's parent has selected the public school district or the approved<br>nonpublic school in which the child will participate for purposes of extracurricular<br>activities and has provided notification of the selection through the statement<br>required by section 15.1-23-02, the child is subject to the transfer rules as provided<br>in the constitution and bylaws of the North Dakota high school activities association.15.1-23-17.(Effective through July 31, 2011) Home education - High schooldiplomas.Page No. 51.A child's school district of residence, an approved nonpublic high school, or the<br>center for distance education may issue a high school diploma to a child who,<br>through home education, has met the issuing entity's requirements for high school<br>graduation provided the child's parent submits to the issuing entity a description of<br>the course material covered in each high school subject, a description of the course<br>objectives and how the objectives were met, and a transcript of the child's<br>performance in grades nine through twelve.2.In the alternative, a high school diploma may be issued by the child's school district<br>of residence, an approved nonpublic high school, or the center for distance<br>education provided the child, through home education, has completed at least<br>twenty-one units of high school coursework from the minimum required curriculum<br>offerings established by law for public and nonpublic schools and the child's parent<br>or legal guardian submits to the issuing entity a description of the course material<br>covered in each high school subject, a description of the course objectives and how<br>the objectives were met, and a transcript of the child's performance in grades nine<br>through twelve.The issuing entity may indicate on a diploma issued under thissubsection that the child was provided with home education. Beginning with the<br>2009-10 school year, the number of units required by this section increases to<br>twenty-two and beginning with the 2011-12 school year, the number of units required<br>by this section increases to twenty-four. Beginning with the 2010-11 school year, the<br>number of units required by this section increases to twenty-two.3.If for any reason the documentation required in subsection 1 or 2 is unavailable, the<br>entity issuing the diploma may accept any other reasonable proof that the child has<br>met the applicable requirements for high school graduation.(Effective after July 31, 2011) Home education - High school diplomas.1.A child's school district of residence, an approved nonpublic high school, or the<br>center for distance education may issue a high school diploma to a child who,<br>through home education, has met the issuing entity's requirements for high school<br>graduation provided the child's parent submits to the issuing entity a description of<br>the course material covered in each high school subject, a description of the course<br>objectives and how the objectives were met, and a transcript of the child's<br>performance in grades nine through twelve.2.In the alternative, a high school diploma may be issued by the child's school district<br>of residence, an approved nonpublic high school, or the center for distance<br>education provided the child, through home education, has completed at least<br>twenty-one units of high school coursework from the minimum required curriculum<br>offerings established by law for public and nonpublic schools and the child's parent<br>or legal guardian submits to the issuing entity a description of the course material<br>covered in each high school subject, a description of the course objectives and how<br>the objectives were met, and a transcript of the child's performance in grades nine<br>through twelve.The issuing entity may indicate on a diploma issued under thissubsection that the child was provided with home education. Beginning with the<br>2010-11 school year, the number of units required by this section increases to<br>twenty-two.3.If for any reason the documentation required in subsection 1 or 2 is unavailable, the<br>entity issuing the diploma may accept any other reasonable proof that the child has<br>met the applicable requirements for high school graduation.15.1-23-18. Home education - Liability. No state agency, school district, or countysuperintendent may be held liable for accepting as correct the information on the statement of<br>intent or for any damages resulting from a parent's failure to educate the child.Page No. 615.1-23-19.Home education - State aid to school districts.For purposes ofallocating state aid to school districts, a child receiving home education is included in a school<br>district's determination of average daily membership only for those days or portions of days that<br>the child attends a public school.Page No. 7Document Outlinechapter 15.1-23 home education
CHAPTER 15.1-23HOME EDUCATION15.1-23-01.(Effective through July 31, 2011) Home education - Definition.Forpurposes of this chapter, "home education" means a program of education supervised by a<br>child's parent in accordance with the requirements of this chapter.(Effective after July 31, 2011) Home education - Definition.For purposes of thischapter, "home education" means a program of education supervised by a child's parent, in the<br>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 daysbefore beginning home education or within fourteen days of establishing a child's residence in a<br>school district, and once each year thereafter, a parent intending to supervise or supervising<br>home education shall file a statement, reflecting that intent or fact, with the superintendent of the<br>child's school district of residence or if no superintendent is employed, with the county<br>superintendent of schools for the child's county of residence.1.The statement must include:a.The name and address of the child receiving home education;b.The child's date of birth;c.The child's grade level;d.The name and address of the parent who will supervise the home education;e.The qualifications of the parent who will supervise the home education;f.Any public school courses in which the child intends to participate and the<br>school district offering the courses; andg.Any extracurricular activities in which the child intends to participate and the<br>school district or approved nonpublic school offering the activities.2.The statement must be accompanied by a copy of the child's immunization record<br>and proof of the child's identity as required by section 54-23.2-04.2.15.1-23-03.(Effective through July 31, 2011) Home education - Parentalqualifications. A parent may supervise home education if the parent:1.Holds a high school diploma or a general educational development diploma; or2.Meets the requirements of section 15.1-23-06.(Effective after July 31, 2011) Home education - Parental qualifications. A parentmay supervise home education if the parent:1.Is licensed to teach by the education standards and practices board or approved to<br>teach by the education standards and practices board;2.Holds a baccalaureate degree;3.Has met or exceeded the cutoff score of a national teacher examination given in this<br>state or in any other state if this state does not offer such a test; or4.Meets the requirements of section 15.1-23-06.Page No. 115.1-23-04.Home education - Required subjects - Instructional time.A parentsupervising home education shall include instruction in those subjects required by law to be<br>taught to public school students. The instruction must have a duration of at least four hours each<br>day for a minimum of one hundred seventy-five days each year.15.1-23-05.Home education - Academic records.A parent supervising homeeducation shall maintain an annual record of courses taken by the child and the child's academic<br>progress assessments, including any standardized achievement test results. If the child transfers<br>to a public school district, the parent shall furnish the record, upon request, to the school district<br>superintendent or other administrator.15.1-23-06.(Effective through July 31, 2011) Home education - Requiredmonitoring of progress. A parent who does not meet the qualifications provided in section<br>15.1-23-03 may supervise home education but must be monitored in accordance with section<br>15.1-23-07 for the first two years. If a child receiving home education obtains a basic composite<br>standardized achievement test score below the fiftieth percentile nationally, the parent must be<br>monitored for at least one additional school year and until the child receives a test score at or<br>above the fiftieth percentile. If testing is not required by section 15.1-23-07 during the first two<br>years of monitoring, the period of monitoring may not be extended, except upon the mutual<br>consent of the parent and the monitor. If a parent completes the monitoring requirements of this<br>section for one child, the parent may not be monitored with respect to other children for whom<br>the parent supervises home education.(Effective after July 31, 2011) Home education - Required monitoring of progress.A parent who has a high school diploma or a general education development certificate may<br>supervise home education but must be monitored in accordance with section 15.1-23-07 for the<br>first two years.If a child receiving home education obtains a basic composite standardizedachievement test score below the fiftieth percentile nationally, the parent must be monitored for<br>at least one additional school year and until the child receives a test score at or above the fiftieth<br>percentile. If testing is not required by section 15.1-23-07 during the first two years of monitoring,<br>the period of monitoring may not be extended, except upon the mutual consent of the parent and<br>the monitor. If a parent completes the monitoring requirements of this section for one child, the<br>parent may not be monitored with respect to other children for whom the parent supervises home<br>education.15.1-23-07.Home education - Required monitoring of progress - Reporting ofprogress - Compensation.1.If monitoring is required under section 15.1-23-06, the school district shall assign<br>and compensate an individual to monitor a child receiving home education unless<br>the parent notifies the school district that the parent shall select and compensate an<br>individual to monitor the child.2.The individual assigned by the school district or selected by the parent under<br>subsection 1 must be licensed to teach by the education standards and practices<br>board or approved to teach by the education standards and practices board.3.Twice during each school year, the individual shall report the child's progress to the<br>school district superintendent or to the county superintendent if the district does not<br>employ a superintendent.4.If one child receives home education, the individual shall spend an average of one<br>hour per week in contact with the child and the child's parent. If two or more children<br>receive home education, the individual shall spend one-half hour per month for each<br>additional child receiving home education.If the child attends a public or anapproved nonpublic school, the time may be proportionately reduced.Page No. 215.1-23-08. (Effective through July 31, 2011) Test administration. An individual whoin accordance with this chapter administers a standardized achievement test to a child receiving<br>home education shall notify the child's school district of residence.(Effective after July 31, 2011) Monitoring or test administration. An individual who inaccordance with this chapter monitors a child receiving home education or who administers a<br>standardized achievement test to a child receiving home education shall notify the child's school<br>district of residence.15.1-23-09. Home education - Standardized achievement test. While in grades four,six, eight, and ten, each child receiving home education shall take a standardized achievement<br>test used by the school district in which the child resides or, if requested by the parent, shall take<br>a nationally normed standardized achievement test. The child shall take the test in the child's<br>learning environment or, if requested by the child's parent, in a public school. An individual<br>licensed to teach by the education standards and practices board or approved to teach by the<br>education standards and practices board shall administer the test.15.1-23-10. Home education - Standardized achievement test - Cost.1.If a child receiving home education takes the standardized achievement test used by<br>the school district in which the child resides, the school district is responsible for the<br>cost of the test and for the cost of administering the test. The school district shall<br>ensure that the test is administered by an individual who is employed by the district<br>and who is licensed to teach by the education standards and practices board or<br>approved to teach by the education standards and practices board.2.a.If the child takes a nationally normed standardized achievement test not used<br>by the school district in which the child resides, the child's parent is responsible<br>for the cost of the test.b.The cost of administering a test under this subsection is the responsibility of the<br>child's parent if the test is administered by an individual who is selected by the<br>parent. An individual selected by the child's parent to administer a test under<br>this subsection must be licensed to teach by the education standards and<br>practices board or approved to teach by the education standards and practices<br>board.c.The cost of administering a test under this subsection is the responsibility of the<br>school district if, at the request of the child's parent, the school district<br>administers the test.The school district shall ensure that the test isadministered by an individual who is employed by the district and who is<br>licensed to teach by the education standards and practices board or approved<br>to teach by the education standards and practices board.15.1-23-11. Home education - Standardized achievement test - Results.1.A parent supervising home education shall file the results of the child's standardized<br>achievement test with the superintendent of the district in which the child resides or<br>with the county superintendent if the district does not employ a superintendent.2.If the child's basic composite score on a standardized achievement test is less than<br>the thirtieth percentile nationally, a multidisciplinary assessment team shall assess<br>the child for a potential learning problem under rules adopted by the superintendent<br>of public instruction.3.If the multidisciplinary assessment team determines that the child is not disabled<br>and the child's parent wishes to continue home education, the parent, with the<br>advice and consent of an individual who is licensed to teach by the education<br>standards and practices board or approved to teach by the education standards andPage No. 3practices board, shall prepare a remediation plan to address the child's academic<br>deficiencies and file the plan with the superintendent of the school district or with the<br>county superintendent if the district does not employ a superintendent. The parent is<br>responsible for any costs associated with the development of the remediation plan.<br>If the parent fails to file a remediation plan, the parent is deemed to be in violation of<br>compulsory school attendance provisions and may no longer supervise the home<br>education of the child.15.1-23-12. Home education - Remediation plan. The superintendent of the schooldistrict shall use the remediation plan required by section 15.1-23-11 as the basis for determining<br>reasonable academic progress. The remediation plan must remain in effect until such time as<br>the child achieves on a standardized achievement test a basic composite score at or above the<br>thirtieth percentile or a score, which when compared to the previous year's test score,<br>demonstrates one year of academic progress. At the option of the parent, the test may be one<br>required by section 15.1-23-09 or one administered in a higher grade level. The child's parent,<br>with the advice and consent of an individual who is licensed to teach by the education standards<br>and practices board or who is approved to teach by the education standards and practices board,<br>may amend the remediation plan from time to time in order to accommodate the child's<br>academic needs. If after a remediation plan is no longer in effect the child fails to demonstrate<br>reasonable academic progress on a subsequent test required by this section, a remediation plan<br>must again be developed and implemented.15.1-23-13. Home education - Disabilities - Services plan.1.a.If a multidisciplinary assessment team, using eligibility criteria established by<br>the superintendent of public instruction, determines that the child is disabled,<br>that the child requires specially designed instruction due to the disability, and<br>that this instruction cannot be provided without special education and related<br>services, the parent may continue to supervise home education, provided that:(1)The parent files with the school district superintendent a services plan<br>that was developed privately or through the school district; and(2)The services plan demonstrates that the child's special needs are being<br>addressed by persons qualified to provide special education or related<br>services.b.If the multidisciplinary team determines that the child has a developmental<br>disability, the parent may continue to supervise home education under the<br>provisions of sections 15.1-23-14 and 15.1-23-15.2.Annually, the superintendent of the child's school district of residence shall<br>determine reasonable academic progress based on the child's services plan.3.If a parent fails to file a services plan as required by this section, the parent is<br>deemed to be in violation of the compulsory school attendance provisions and may<br>no longer supervise the home education of the child.4.A child who was once evaluated by a multidisciplinary assessment team need not be<br>reevaluated for a potential learning problem upon scoring below the thirtieth<br>percentile on a subsequent standardized achievement test unless the reevaluation is<br>performed pursuant to the child's services plan.15.1-23-14. Child with a developmental disability - Home education. A parent maysupervise home education for a child with a developmental disability if:1.The child has been determined to have a developmental disability by a licensed<br>psychologist;Page No. 42.The child's parent is qualified to supervise home education under this chapter; and3.The child's parent files with the superintendent of the child's school district of<br>residence:a.A notice that the child will receive home education;b.A copy of the child's diagnosis of a developmental disability prepared and<br>attested to by a licensed psychologist; andc.A services plan developed and followed by the child's school district of<br>residence and the child's parent; or, after providing written notice to the<br>superintendent of the child's school district of residence, a substitute services<br>plan, developed and followed, according to section 15.1-23-15, by a services<br>plan team selected by and compensated by the child's parent.15.1-23-15.Child with a developmental disability - Home education - Progressreports.1.On or before November first, February first, and May first of each school year, a<br>parent supervising home education for a child with a developmental disability under<br>section 15.1-23-14 shall file with the superintendent of the child's school district of<br>residence progress reports prepared by the services plan team selected under<br>section 15.1-23-14. If at any time the services plan team agrees that the child is not<br>benefiting from home education, the team shall notify the superintendent of the<br>child's school district of residence and request that the child be evaluated by a<br>multidisciplinary team appointed by the superintendent of the child's school district of<br>residence.2.The superintendent of the child's school district of residence shall forward copies of<br>all documentation required by this section to the superintendent of public instruction.15.1-23-16. Home education - Participation in extracurricular activities.1.A child receiving home education may participate in extracurricular activities either:a.Under the auspices of the child's school district of residence; orb.Under the auspices of an approved nonpublic school, if permitted by the<br>administrator of the school.2.For purposes of this section, a child participating under the auspices of the child's<br>school district of residence is subject to the same standards for participation in<br>extracurricular activities as those required of full-time students enrolled in the district.3.For purposes of this section, a child participating under the auspices of an approved<br>nonpublic school is subject to the same standards for participation in extracurricular<br>activities as those required of full-time students enrolled in the school.4.Once a child's parent has selected the public school district or the approved<br>nonpublic school in which the child will participate for purposes of extracurricular<br>activities and has provided notification of the selection through the statement<br>required by section 15.1-23-02, the child is subject to the transfer rules as provided<br>in the constitution and bylaws of the North Dakota high school activities association.15.1-23-17.(Effective through July 31, 2011) Home education - High schooldiplomas.Page No. 51.A child's school district of residence, an approved nonpublic high school, or the<br>center for distance education may issue a high school diploma to a child who,<br>through home education, has met the issuing entity's requirements for high school<br>graduation provided the child's parent submits to the issuing entity a description of<br>the course material covered in each high school subject, a description of the course<br>objectives and how the objectives were met, and a transcript of the child's<br>performance in grades nine through twelve.2.In the alternative, a high school diploma may be issued by the child's school district<br>of residence, an approved nonpublic high school, or the center for distance<br>education provided the child, through home education, has completed at least<br>twenty-one units of high school coursework from the minimum required curriculum<br>offerings established by law for public and nonpublic schools and the child's parent<br>or legal guardian submits to the issuing entity a description of the course material<br>covered in each high school subject, a description of the course objectives and how<br>the objectives were met, and a transcript of the child's performance in grades nine<br>through twelve.The issuing entity may indicate on a diploma issued under thissubsection that the child was provided with home education. Beginning with the<br>2009-10 school year, the number of units required by this section increases to<br>twenty-two and beginning with the 2011-12 school year, the number of units required<br>by this section increases to twenty-four. Beginning with the 2010-11 school year, the<br>number of units required by this section increases to twenty-two.3.If for any reason the documentation required in subsection 1 or 2 is unavailable, the<br>entity issuing the diploma may accept any other reasonable proof that the child has<br>met the applicable requirements for high school graduation.(Effective after July 31, 2011) Home education - High school diplomas.1.A child's school district of residence, an approved nonpublic high school, or the<br>center for distance education may issue a high school diploma to a child who,<br>through home education, has met the issuing entity's requirements for high school<br>graduation provided the child's parent submits to the issuing entity a description of<br>the course material covered in each high school subject, a description of the course<br>objectives and how the objectives were met, and a transcript of the child's<br>performance in grades nine through twelve.2.In the alternative, a high school diploma may be issued by the child's school district<br>of residence, an approved nonpublic high school, or the center for distance<br>education provided the child, through home education, has completed at least<br>twenty-one units of high school coursework from the minimum required curriculum<br>offerings established by law for public and nonpublic schools and the child's parent<br>or legal guardian submits to the issuing entity a description of the course material<br>covered in each high school subject, a description of the course objectives and how<br>the objectives were met, and a transcript of the child's performance in grades nine<br>through twelve.The issuing entity may indicate on a diploma issued under thissubsection that the child was provided with home education. Beginning with the<br>2010-11 school year, the number of units required by this section increases to<br>twenty-two.3.If for any reason the documentation required in subsection 1 or 2 is unavailable, the<br>entity issuing the diploma may accept any other reasonable proof that the child has<br>met the applicable requirements for high school graduation.15.1-23-18. Home education - Liability. No state agency, school district, or countysuperintendent may be held liable for accepting as correct the information on the statement of<br>intent or for any damages resulting from a parent's failure to educate the child.Page No. 615.1-23-19.Home education - State aid to school districts.For purposes ofallocating state aid to school districts, a child receiving home education is included in a school<br>district's determination of average daily membership only for those days or portions of days that<br>the child attends a public school.Page No. 7Document Outlinechapter 15.1-23 home education
CHAPTER 15.1-23HOME EDUCATION15.1-23-01.(Effective through July 31, 2011) Home education - Definition.Forpurposes of this chapter, "home education" means a program of education supervised by a<br>child's parent in accordance with the requirements of this chapter.(Effective after July 31, 2011) Home education - Definition.For purposes of thischapter, "home education" means a program of education supervised by a child's parent, in the<br>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 daysbefore beginning home education or within fourteen days of establishing a child's residence in a<br>school district, and once each year thereafter, a parent intending to supervise or supervising<br>home education shall file a statement, reflecting that intent or fact, with the superintendent of the<br>child's school district of residence or if no superintendent is employed, with the county<br>superintendent of schools for the child's county of residence.1.The statement must include:a.The name and address of the child receiving home education;b.The child's date of birth;c.The child's grade level;d.The name and address of the parent who will supervise the home education;e.The qualifications of the parent who will supervise the home education;f.Any public school courses in which the child intends to participate and the<br>school district offering the courses; andg.Any extracurricular activities in which the child intends to participate and the<br>school district or approved nonpublic school offering the activities.2.The statement must be accompanied by a copy of the child's immunization record<br>and proof of the child's identity as required by section 54-23.2-04.2.15.1-23-03.(Effective through July 31, 2011) Home education - Parentalqualifications. A parent may supervise home education if the parent:1.Holds a high school diploma or a general educational development diploma; or2.Meets the requirements of section 15.1-23-06.(Effective after July 31, 2011) Home education - Parental qualifications. A parentmay supervise home education if the parent:1.Is licensed to teach by the education standards and practices board or approved to<br>teach by the education standards and practices board;2.Holds a baccalaureate degree;3.Has met or exceeded the cutoff score of a national teacher examination given in this<br>state or in any other state if this state does not offer such a test; or4.Meets the requirements of section 15.1-23-06.Page No. 115.1-23-04.Home education - Required subjects - Instructional time.A parentsupervising home education shall include instruction in those subjects required by law to be<br>taught to public school students. The instruction must have a duration of at least four hours each<br>day for a minimum of one hundred seventy-five days each year.15.1-23-05.Home education - Academic records.A parent supervising homeeducation shall maintain an annual record of courses taken by the child and the child's academic<br>progress assessments, including any standardized achievement test results. If the child transfers<br>to a public school district, the parent shall furnish the record, upon request, to the school district<br>superintendent or other administrator.15.1-23-06.(Effective through July 31, 2011) Home education - Requiredmonitoring of progress. A parent who does not meet the qualifications provided in section<br>15.1-23-03 may supervise home education but must be monitored in accordance with section<br>15.1-23-07 for the first two years. If a child receiving home education obtains a basic composite<br>standardized achievement test score below the fiftieth percentile nationally, the parent must be<br>monitored for at least one additional school year and until the child receives a test score at or<br>above the fiftieth percentile. If testing is not required by section 15.1-23-07 during the first two<br>years of monitoring, the period of monitoring may not be extended, except upon the mutual<br>consent of the parent and the monitor. If a parent completes the monitoring requirements of this<br>section for one child, the parent may not be monitored with respect to other children for whom<br>the parent supervises home education.(Effective after July 31, 2011) Home education - Required monitoring of progress.A parent who has a high school diploma or a general education development certificate may<br>supervise home education but must be monitored in accordance with section 15.1-23-07 for the<br>first two years.If a child receiving home education obtains a basic composite standardizedachievement test score below the fiftieth percentile nationally, the parent must be monitored for<br>at least one additional school year and until the child receives a test score at or above the fiftieth<br>percentile. If testing is not required by section 15.1-23-07 during the first two years of monitoring,<br>the period of monitoring may not be extended, except upon the mutual consent of the parent and<br>the monitor. If a parent completes the monitoring requirements of this section for one child, the<br>parent may not be monitored with respect to other children for whom the parent supervises home<br>education.15.1-23-07.Home education - Required monitoring of progress - Reporting ofprogress - Compensation.1.If monitoring is required under section 15.1-23-06, the school district shall assign<br>and compensate an individual to monitor a child receiving home education unless<br>the parent notifies the school district that the parent shall select and compensate an<br>individual to monitor the child.2.The individual assigned by the school district or selected by the parent under<br>subsection 1 must be licensed to teach by the education standards and practices<br>board or approved to teach by the education standards and practices board.3.Twice during each school year, the individual shall report the child's progress to the<br>school district superintendent or to the county superintendent if the district does not<br>employ a superintendent.4.If one child receives home education, the individual shall spend an average of one<br>hour per week in contact with the child and the child's parent. If two or more children<br>receive home education, the individual shall spend one-half hour per month for each<br>additional child receiving home education.If the child attends a public or anapproved nonpublic school, the time may be proportionately reduced.Page No. 215.1-23-08. (Effective through July 31, 2011) Test administration. An individual whoin accordance with this chapter administers a standardized achievement test to a child receiving<br>home education shall notify the child's school district of residence.(Effective after July 31, 2011) Monitoring or test administration. An individual who inaccordance with this chapter monitors a child receiving home education or who administers a<br>standardized achievement test to a child receiving home education shall notify the child's school<br>district of residence.15.1-23-09. Home education - Standardized achievement test. While in grades four,six, eight, and ten, each child receiving home education shall take a standardized achievement<br>test used by the school district in which the child resides or, if requested by the parent, shall take<br>a nationally normed standardized achievement test. The child shall take the test in the child's<br>learning environment or, if requested by the child's parent, in a public school. An individual<br>licensed to teach by the education standards and practices board or approved to teach by the<br>education standards and practices board shall administer the test.15.1-23-10. Home education - Standardized achievement test - Cost.1.If a child receiving home education takes the standardized achievement test used by<br>the school district in which the child resides, the school district is responsible for the<br>cost of the test and for the cost of administering the test. The school district shall<br>ensure that the test is administered by an individual who is employed by the district<br>and who is licensed to teach by the education standards and practices board or<br>approved to teach by the education standards and practices board.2.a.If the child takes a nationally normed standardized achievement test not used<br>by the school district in which the child resides, the child's parent is responsible<br>for the cost of the test.b.The cost of administering a test under this subsection is the responsibility of the<br>child's parent if the test is administered by an individual who is selected by the<br>parent. An individual selected by the child's parent to administer a test under<br>this subsection must be licensed to teach by the education standards and<br>practices board or approved to teach by the education standards and practices<br>board.c.The cost of administering a test under this subsection is the responsibility of the<br>school district if, at the request of the child's parent, the school district<br>administers the test.The school district shall ensure that the test isadministered by an individual who is employed by the district and who is<br>licensed to teach by the education standards and practices board or approved<br>to teach by the education standards and practices board.15.1-23-11. Home education - Standardized achievement test - Results.1.A parent supervising home education shall file the results of the child's standardized<br>achievement test with the superintendent of the district in which the child resides or<br>with the county superintendent if the district does not employ a superintendent.2.If the child's basic composite score on a standardized achievement test is less than<br>the thirtieth percentile nationally, a multidisciplinary assessment team shall assess<br>the child for a potential learning problem under rules adopted by the superintendent<br>of public instruction.3.If the multidisciplinary assessment team determines that the child is not disabled<br>and the child's parent wishes to continue home education, the parent, with the<br>advice and consent of an individual who is licensed to teach by the education<br>standards and practices board or approved to teach by the education standards andPage No. 3practices board, shall prepare a remediation plan to address the child's academic<br>deficiencies and file the plan with the superintendent of the school district or with the<br>county superintendent if the district does not employ a superintendent. The parent is<br>responsible for any costs associated with the development of the remediation plan.<br>If the parent fails to file a remediation plan, the parent is deemed to be in violation of<br>compulsory school attendance provisions and may no longer supervise the home<br>education of the child.15.1-23-12. Home education - Remediation plan. The superintendent of the schooldistrict shall use the remediation plan required by section 15.1-23-11 as the basis for determining<br>reasonable academic progress. The remediation plan must remain in effect until such time as<br>the child achieves on a standardized achievement test a basic composite score at or above the<br>thirtieth percentile or a score, which when compared to the previous year's test score,<br>demonstrates one year of academic progress. At the option of the parent, the test may be one<br>required by section 15.1-23-09 or one administered in a higher grade level. The child's parent,<br>with the advice and consent of an individual who is licensed to teach by the education standards<br>and practices board or who is approved to teach by the education standards and practices board,<br>may amend the remediation plan from time to time in order to accommodate the child's<br>academic needs. If after a remediation plan is no longer in effect the child fails to demonstrate<br>reasonable academic progress on a subsequent test required by this section, a remediation plan<br>must again be developed and implemented.15.1-23-13. Home education - Disabilities - Services plan.1.a.If a multidisciplinary assessment team, using eligibility criteria established by<br>the superintendent of public instruction, determines that the child is disabled,<br>that the child requires specially designed instruction due to the disability, and<br>that this instruction cannot be provided without special education and related<br>services, the parent may continue to supervise home education, provided that:(1)The parent files with the school district superintendent a services plan<br>that was developed privately or through the school district; and(2)The services plan demonstrates that the child's special needs are being<br>addressed by persons qualified to provide special education or related<br>services.b.If the multidisciplinary team determines that the child has a developmental<br>disability, the parent may continue to supervise home education under the<br>provisions of sections 15.1-23-14 and 15.1-23-15.2.Annually, the superintendent of the child's school district of residence shall<br>determine reasonable academic progress based on the child's services plan.3.If a parent fails to file a services plan as required by this section, the parent is<br>deemed to be in violation of the compulsory school attendance provisions and may<br>no longer supervise the home education of the child.4.A child who was once evaluated by a multidisciplinary assessment team need not be<br>reevaluated for a potential learning problem upon scoring below the thirtieth<br>percentile on a subsequent standardized achievement test unless the reevaluation is<br>performed pursuant to the child's services plan.15.1-23-14. Child with a developmental disability - Home education. A parent maysupervise home education for a child with a developmental disability if:1.The child has been determined to have a developmental disability by a licensed<br>psychologist;Page No. 42.The child's parent is qualified to supervise home education under this chapter; and3.The child's parent files with the superintendent of the child's school district of<br>residence:a.A notice that the child will receive home education;b.A copy of the child's diagnosis of a developmental disability prepared and<br>attested to by a licensed psychologist; andc.A services plan developed and followed by the child's school district of<br>residence and the child's parent; or, after providing written notice to the<br>superintendent of the child's school district of residence, a substitute services<br>plan, developed and followed, according to section 15.1-23-15, by a services<br>plan team selected by and compensated by the child's parent.15.1-23-15.Child with a developmental disability - Home education - Progressreports.1.On or before November first, February first, and May first of each school year, a<br>parent supervising home education for a child with a developmental disability under<br>section 15.1-23-14 shall file with the superintendent of the child's school district of<br>residence progress reports prepared by the services plan team selected under<br>section 15.1-23-14. If at any time the services plan team agrees that the child is not<br>benefiting from home education, the team shall notify the superintendent of the<br>child's school district of residence and request that the child be evaluated by a<br>multidisciplinary team appointed by the superintendent of the child's school district of<br>residence.2.The superintendent of the child's school district of residence shall forward copies of<br>all documentation required by this section to the superintendent of public instruction.15.1-23-16. Home education - Participation in extracurricular activities.1.A child receiving home education may participate in extracurricular activities either:a.Under the auspices of the child's school district of residence; orb.Under the auspices of an approved nonpublic school, if permitted by the<br>administrator of the school.2.For purposes of this section, a child participating under the auspices of the child's<br>school district of residence is subject to the same standards for participation in<br>extracurricular activities as those required of full-time students enrolled in the district.3.For purposes of this section, a child participating under the auspices of an approved<br>nonpublic school is subject to the same standards for participation in extracurricular<br>activities as those required of full-time students enrolled in the school.4.Once a child's parent has selected the public school district or the approved<br>nonpublic school in which the child will participate for purposes of extracurricular<br>activities and has provided notification of the selection through the statement<br>required by section 15.1-23-02, the child is subject to the transfer rules as provided<br>in the constitution and bylaws of the North Dakota high school activities association.15.1-23-17.(Effective through July 31, 2011) Home education - High schooldiplomas.Page No. 51.A child's school district of residence, an approved nonpublic high school, or the<br>center for distance education may issue a high school diploma to a child who,<br>through home education, has met the issuing entity's requirements for high school<br>graduation provided the child's parent submits to the issuing entity a description of<br>the course material covered in each high school subject, a description of the course<br>objectives and how the objectives were met, and a transcript of the child's<br>performance in grades nine through twelve.2.In the alternative, a high school diploma may be issued by the child's school district<br>of residence, an approved nonpublic high school, or the center for distance<br>education provided the child, through home education, has completed at least<br>twenty-one units of high school coursework from the minimum required curriculum<br>offerings established by law for public and nonpublic schools and the child's parent<br>or legal guardian submits to the issuing entity a description of the course material<br>covered in each high school subject, a description of the course objectives and how<br>the objectives were met, and a transcript of the child's performance in grades nine<br>through twelve.The issuing entity may indicate on a diploma issued under thissubsection that the child was provided with home education. Beginning with the<br>2009-10 school year, the number of units required by this section increases to<br>twenty-two and beginning with the 2011-12 school year, the number of units required<br>by this section increases to twenty-four. Beginning with the 2010-11 school year, the<br>number of units required by this section increases to twenty-two.3.If for any reason the documentation required in subsection 1 or 2 is unavailable, the<br>entity issuing the diploma may accept any other reasonable proof that the child has<br>met the applicable requirements for high school graduation.(Effective after July 31, 2011) Home education - High school diplomas.1.A child's school district of residence, an approved nonpublic high school, or the<br>center for distance education may issue a high school diploma to a child who,<br>through home education, has met the issuing entity's requirements for high school<br>graduation provided the child's parent submits to the issuing entity a description of<br>the course material covered in each high school subject, a description of the course<br>objectives and how the objectives were met, and a transcript of the child's<br>performance in grades nine through twelve.2.In the alternative, a high school diploma may be issued by the child's school district<br>of residence, an approved nonpublic high school, or the center for distance<br>education provided the child, through home education, has completed at least<br>twenty-one units of high school coursework from the minimum required curriculum<br>offerings established by law for public and nonpublic schools and the child's parent<br>or legal guardian submits to the issuing entity a description of the course material<br>covered in each high school subject, a description of the course objectives and how<br>the objectives were met, and a transcript of the child's performance in grades nine<br>through twelve.The issuing entity may indicate on a diploma issued under thissubsection that the child was provided with home education. Beginning with the<br>2010-11 school year, the number of units required by this section increases to<br>twenty-two.3.If for any reason the documentation required in subsection 1 or 2 is unavailable, the<br>entity issuing the diploma may accept any other reasonable proof that the child has<br>met the applicable requirements for high school graduation.15.1-23-18. Home education - Liability. No state agency, school district, or countysuperintendent may be held liable for accepting as correct the information on the statement of<br>intent or for any damages resulting from a parent's failure to educate the child.Page No. 615.1-23-19.Home education - State aid to school districts.For purposes ofallocating state aid to school districts, a child receiving home education is included in a school<br>district's determination of average daily membership only for those days or portions of days that<br>the child attends a public school.Page No. 7Document Outlinechapter 15.1-23 home education
