Microschool laws in North Dakota

An approved nonpublic school model where your school assumes full legal responsibility for enrolled students. You must obtain approval from the ND Superintendent of Public Instruction before opening (NDCC 15.1-06-06), employ ESPB-licensed teachers, offer all state-required subjects, and comply with the 182-day / 175-instruction-day calendar. This is a materially heavier regulatory pathway than most neighboring states; founders without access to licensed teachers should strongly consider the Homeschool Cooperative model instead.

A shared-resource model where families retain full legal responsibility for their children's education under NDCC Chapter 15.1-23. You provide programming, space, and support; each family independently files the annual Statement of Intent (SFN 16909) with their resident superintendent and handles parent qualification and testing requirements individually. This is typically the path of least regulatory resistance in North Dakota because it avoids the NDCC 15.1-06-06 nonpublic-school approval process.

North Dakota does not provide a standalone certified-tutor exemption from compulsory attendance. NDCC 15.1-20-02 recognizes only approved nonpublic school attendance or home education as satisfiers for private-setting instruction. A licensed teacher may act as a home-education monitor for families whose supervising parent lacks a HS diploma/GED (NDCC 15.1-23-07), but this is a monitoring role for a family-filed pathway — it is not a stand-alone tutor exemption. Operators targeting a solo-instructor practice should structure as a Homeschool Cooperative.

A congregation-connected model operating as an approved nonpublic school under NDCC 15.1-06-06. Religious content and faith-integrated curriculum are permitted, but the school must still meet state approval: ESPB-licensed teachers, all required subjects, calendar minimums, health/fire/safety, and background checks. North Dakota has no separate religious-exemption pathway from compulsory attendance — religious schools operate under the same nonpublic-school approval statute.

A pre-compulsory-age program for children under 7 regulated by the ND Department of Health and Human Services (HHS), Early Childhood Services, under NDCC Chapter 50-11.1 and NDAC Title 75 Article 3. Any program caring for more than 5 children (or more than 3 children under 24 months) requires licensing. Self-declared provider status is available for those under the threshold.

A part-time model where families file the annual Statement of Intent under NDCC 15.1-23 and receive 2-3 days per week of on-site instruction from your program. You coordinate curriculum and classroom instruction; families complete remaining instruction days at home, handle the Statement of Intent filing, and meet parent qualification/testing requirements. Families retain legal responsibility.

North Dakota does not have a statutory umbrella-school framework. Because every nonpublic school must be individually approved by the Superintendent of Public Instruction under NDCC 15.1-06-06 — including licensed teachers and all required subjects — a satellite arrangement does not meaningfully reduce the regulatory burden. Each satellite location would need its own approval. Most operators should choose Independent Private School (if willing to meet approval) or Homeschool Cooperative (if not).