In North Dakota, a child receiving home education may participate in extracurricular activities either under the auspices of the child's school district of residence or under the auspices of an approved nonpublic school (if permitted by the administrator of the nonpublic school). A homeschooled student is subject to the same standards for participation as required of full-time students at these schools (North Dakota Century Code § 15.1-23-16).

Public schools may allow home education students to take public school classes. If the school chooses to allow this, they will receive state funds proportionate to the days or portions of days that the homeschooled student attends the public school (see North Dakota Century Code 15.1-23-19). A family seeking to enroll their student in public school classes should indicate it on their annual Statement of Intent (see North Dakota Century Code 15.1-23-02.1(c)).

North Dakota Century Code § 15.1-23-16

Home education—Participation in extracurricular activities


  1. A child receiving home education may participate in extracurricular activities either:
    1. Under the auspices of the child’s school district of residence; or
    2. 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.

Things to keep in mind:

Public school access includes participation in public school classes, sports, activities, etc.

States use a unique vocabulary in this area: “extracurricular,” “cocurricular,” “curricular,” “interscholastic,” “program,” “activity,” etc. Care should be taken to distinguish one from another. When a state defines a word, it is important.

While athletic association rules are not “law,” public schools are generally constrained to operate within them, or their teams could be disqualified.

We strive toward keeping this information 100% up to date in this rapidly changing area of the law. However, this post should not be considered authoritative because of the possibility of unobserved changes in association rules, statutes, regulations, or case decisions, and because of lag time between changes and the publication of updates.

Please note: The information on this page has been reviewed by an attorney, but it should not be taken as legal advice specific to your individual situation.