A Plain Outlier: North Dakota Prefers Licensed Teachers Over Qualified Ones

Parents like Paul Nelson and teachers like Kaylie Young did not choose the education at Capstone Classical Academy in Fargo, North Dakota, because they wanted the same education offered by public schools. They chose it because they wanted something different. 

Kaylie previously taught in public schools, but she chose Capstone because stepping through its doors felt more like stepping into a calling than a job. Both she and Paul were drawn to Capstone’s commitment to classical education, something they could not find in public schools. 

But according to North Dakota, schools like Capstone are not supposed to be different.

As longtime Liberty & Law readers may recall, IJ has four times defended educational freedom before the U.S. Supreme Court. Together with Paul, Kaylie, and Capstone, we are fighting a new but familiar battle through a federal constitutional challenge to North Dakota’s licensing laws for private school teachers.

North Dakota is an extreme outlier. It is one of only two states in the nation to impose the exact same licensing rules on private schools as it does on state-run public schools. 

These licensing laws dictate not only who can teach, but also what can be taught—down to the individual course level. North Dakota regulates curricula through a sprawling directory of hundreds of course codes that is nevertheless far from comprehensive. The gaps produce absurd results: A teacher with a state endorsement in theology is authorized to teach 26 specific courses, including “Catholic Studies Through Literature,” but there is no equivalent code for “Jewish Studies Through Literature.”

North Dakota is an extreme outlier. It is one of only two states in the nation to impose the same licensing rules on private schools as it does on state-run public schools.

What’s more, the licensing process is a significant barrier to otherwise qualified teachers. Although there are several pathways to licensure, all involve extensive coursework, tests, application and licensing fees, and, of course, labyrinthine regulations and paperwork. To make matters worse, teacher licensing is not a one-and-done affair. A license holder incurs ongoing obligations, including regular renewal fees and a periodic “reeducation” obligation. 

Consider what this means in practice. A retired college chemistry professor with a Ph.D. and decades of teaching experience is barred from teaching high school chemistry. A celebrated novelist with books lining library shelves is barred from teaching middle school English. A Pulitzer winner cannot teach journalism. A retired Silicon Valley engineer cannot teach computer science. In North Dakota, none of them are qualified without the state’s license. This is all because North Dakota considers a licensed teacher—no matter his or her qualifications—better than a well-qualified one.

It should come as no surprise that North Dakota has faced a critical shortage of teachers for years. With licensed teachers in such short supply, schools like Capstone struggle to staff their classrooms.

While the state may insist that its licensing regime is necessary to maintain quality teaching, the overwhelming majority of states do not require private school teachers to be licensed. In fact, North Dakota allows parents to homeschool their children with only a high school diploma or GED. Homeschooling parents can even hire unlicensed instructors to teach their children.

Paul, Kaylie, and Capstone have joined IJ to challenge North Dakota’s teacher licensing laws because they undermine the purpose of private schools. For more than a century, courts have recognized the right of parents to direct the education of their children and the right of private schools and teachers to provide educational alternatives. IJ will fight to ensure that the United States is a land of true educational entrepreneurship and choice. 

Riley Grace Borden is an IJ attorney.