15.1-23 Home Education - North Dakota Statutes

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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
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
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
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 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
school district offering the courses; andg.Any extracurricular activities in which the child intends to participate and the
school district or approved nonpublic school offering the activities.2.The statement must be accompanied by a copy of the child's immunization record
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
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
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
taught to public school students. The instruction must have a duration of at least four hours each
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
progress assessments, including any standardized achievement test results. If the child transfers
to a public school district, the parent shall furnish the record, upon request, to the school district
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
15.1-23-03 may supervise home education but must be monitored in accordance with section
15.1-23-07 for the first two years. If a child receiving home education obtains a basic composite
standardized achievement test score below the fiftieth percentile nationally, the parent must be
monitored for at least one additional school year and until the child receives a test score at or
above the fiftieth percentile. If testing is not required by section 15.1-23-07 during the first two
years of monitoring, the period of monitoring may not be extended, except upon the mutual
consent of the parent and the monitor. If a parent completes the monitoring requirements of this
section for one child, the parent may not be monitored with respect to other children for whom
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
supervise home education but must be monitored in accordance with section 15.1-23-07 for the
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
at least one additional school year and until the child receives a test score at or above the fiftieth
percentile. If testing is not required by section 15.1-23-07 during the first two years of monitoring,
the period of monitoring may not be extended, except upon the mutual consent of the parent and
the monitor. If a parent completes the monitoring requirements of this section for one child, the
parent may not be monitored with respect to other children for whom the parent supervises home
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
and compensate an individual to monitor a child receiving home education unless
the parent notifies the school district that the parent shall select and compensate an
individual to monitor the child.2.The individual assigned by the school district or selected by the parent under
subsection 1 must be licensed to teach by the education standards and practices
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
school district superintendent or to the county superintendent if the district does not
employ a superintendent.4.If one child receives home education, the individual shall spend an average of one
hour per week in contact with the child and the child's parent. If two or more children
receive home education, the individual shall spend one-half hour per month for each
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
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
standardized achievement test to a child receiving home education shall notify the child's school
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
test used by the school district in which the child resides or, if requested by the parent, shall take
a nationally normed standardized achievement test. The child shall take the test in the child's
learning environment or, if requested by the child's parent, in a public school. An individual
licensed to teach by the education standards and practices board or approved to teach by the
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
the school district in which the child resides, the school district is responsible for the
cost of the test and for the cost of administering the test. The school district shall
ensure that the test is administered by an individual who is employed by the district
and who is licensed to teach by the education standards and practices board or
approved to teach by the education standards and practices board.2.a.If the child takes a nationally normed standardized achievement test not used
by the school district in which the child resides, the child's parent is responsible
for the cost of the test.b.The cost of administering a test under this subsection is the responsibility of the
child's parent if the test is administered by an individual who is selected by the
parent. An individual selected by the child's parent to administer a test under
this subsection must be licensed to teach by the education standards and
practices board or approved to teach by the education standards and practices
board.c.The cost of administering a test under this subsection is the responsibility of the
school district if, at the request of the child's parent, the school district
administers the test.The school district shall ensure that the test isadministered by an individual who is employed by the district and who is
licensed to teach by the education standards and practices board or approved
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
achievement test with the superintendent of the district in which the child resides or
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
the thirtieth percentile nationally, a multidisciplinary assessment team shall assess
the child for a potential learning problem under rules adopted by the superintendent
of public instruction.3.If the multidisciplinary assessment team determines that the child is not disabled
and the child's parent wishes to continue home education, the parent, with the
advice and consent of an individual who is licensed to teach by the education
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
deficiencies and file the plan with the superintendent of the school district or with the
county superintendent if the district does not employ a superintendent. The parent is
responsible for any costs associated with the development of the remediation plan.
If the parent fails to file a remediation plan, the parent is deemed to be in violation of
compulsory school attendance provisions and may no longer supervise the home
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
reasonable academic progress. The remediation plan must remain in effect until such time as
the child achieves on a standardized achievement test a basic composite score at or above the
thirtieth percentile or a score, which when compared to the previous year's test score,
demonstrates one year of academic progress. At the option of the parent, the test may be one
required by section 15.1-23-09 or one administered in a higher grade level. The child's parent,
with the advice and consent of an individual who is licensed to teach by the education standards
and practices board or who is approved to teach by the education standards and practices board,
may amend the remediation plan from time to time in order to accommodate the child's
academic needs. If after a remediation plan is no longer in effect the child fails to demonstrate
reasonable academic progress on a subsequent test required by this section, a remediation plan
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
the superintendent of public instruction, determines that the child is disabled,
that the child requires specially designed instruction due to the disability, and
that this instruction cannot be provided without special education and related
services, the parent may continue to supervise home education, provided that:(1)The parent files with the school district superintendent a services plan
that was developed privately or through the school district; and(2)The services plan demonstrates that the child's special needs are being
addressed by persons qualified to provide special education or related
services.b.If the multidisciplinary team determines that the child has a developmental
disability, the parent may continue to supervise home education under the
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
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
deemed to be in violation of the compulsory school attendance provisions and may
no longer supervise the home education of the child.4.A child who was once evaluated by a multidisciplinary assessment team need not be
reevaluated for a potential learning problem upon scoring below the thirtieth
percentile on a subsequent standardized achievement test unless the reevaluation is
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
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
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
attested to by a licensed psychologist; andc.A services plan developed and followed by the child's school district of
residence and the child's parent; or, after providing written notice to the
superintendent of the child's school district of residence, a substitute services
plan, developed and followed, according to section 15.1-23-15, by a services
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
parent supervising home education for a child with a developmental disability under
section 15.1-23-14 shall file with the superintendent of the child's school district of
residence progress reports prepared by the services plan team selected under
section 15.1-23-14. If at any time the services plan team agrees that the child is not
benefiting from home education, the team shall notify the superintendent of the
child's school district of residence and request that the child be evaluated by a
multidisciplinary team appointed by the superintendent of the child's school district of
residence.2.The superintendent of the child's school district of residence shall forward copies of
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
administrator of the school.2.For purposes of this section, a child participating under the auspices of the child's
school district of residence is subject to the same standards for participation in
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
nonpublic school is subject to the same standards for participation in extracurricular
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
nonpublic school in which the child will participate for purposes of extracurricular
activities and has provided notification of the selection through the statement
required by section 15.1-23-02, the child is subject to the transfer rules as provided
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
center for distance education may issue a high school diploma to a child who,
through home education, has met the issuing entity's requirements for high school
graduation provided the child's parent submits to the issuing entity a description of
the course material covered in each high school subject, a description of the course
objectives and how the objectives were met, and a transcript of the child's
performance in grades nine through twelve.2.In the alternative, a high school diploma may be issued by the child's school district
of residence, an approved nonpublic high school, or the center for distance
education provided the child, through home education, has completed at least
twenty-one units of high school coursework from the minimum required curriculum
offerings established by law for public and nonpublic schools and the child's parent
or legal guardian submits to the issuing entity a description of the course material
covered in each high school subject, a description of the course objectives and how
the objectives were met, and a transcript of the child's performance in grades nine
through twelve.The issuing entity may indicate on a diploma issued under thissubsection that the child was provided with home education. Beginning with the
2009-10 school year, the number of units required by this section increases to
twenty-two and beginning with the 2011-12 school year, the number of units required
by this section increases to twenty-four. Beginning with the 2010-11 school year, the
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
entity issuing the diploma may accept any other reasonable proof that the child has
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
center for distance education may issue a high school diploma to a child who,
through home education, has met the issuing entity's requirements for high school
graduation provided the child's parent submits to the issuing entity a description of
the course material covered in each high school subject, a description of the course
objectives and how the objectives were met, and a transcript of the child's
performance in grades nine through twelve.2.In the alternative, a high school diploma may be issued by the child's school district
of residence, an approved nonpublic high school, or the center for distance
education provided the child, through home education, has completed at least
twenty-one units of high school coursework from the minimum required curriculum
offerings established by law for public and nonpublic schools and the child's parent
or legal guardian submits to the issuing entity a description of the course material
covered in each high school subject, a description of the course objectives and how
the objectives were met, and a transcript of the child's performance in grades nine
through twelve.The issuing entity may indicate on a diploma issued under thissubsection that the child was provided with home education. Beginning with the
2010-11 school year, the 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
entity issuing the diploma may accept any other reasonable proof that the child has
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
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
district's determination of average daily membership only for those days or portions of days that
the child attends a public school.Page No. 7Document Outlinechapter 15.1-23 home education