Christian school lawsuit challenges North Dakota private teacher licensure

A North Dakota private Christian school is suing the state Department of Public Instruction and a licensing board in federal court over what it says are burdensome and unnecessary teacher licensing laws.

Under state statute, all teachers at private schools must be “licensed or approved” by the state. The same mandate applies to public schools. 

Leaders of the Fargo-based Capstone Classical Academy believe these laws run counter to private schools’ purpose of providing an alternative for families who feel public school isn’t a good fit for them.

“We are suing for freedom to deliver our distinct mission without the hindrance of state regulations that are designed for public schools,” Paul Fisher, the school’s founding headmaster, said during a Wednesday morning press conference.

The school says following the licensing law is costly and time-consuming, and makes it harder to recruit teachers that fit its mission, according to a complaint filed in federal court that same day.

The lawsuit further alleges that this requirement violates fundamental rights under the U.S. Constitution, including due process and equal protection. The suit asks the court to order that the state cannot enforce the licensing laws against Capstone or other North Dakota private schools.

Capstone, which opened in 2022, is K-12 and had an enrollment of roughly 300 for the 2025-2026 school year, according to its website. In its complaint, the school describes its mission as to “engage children to acquire wisdom, cultivate virtue, and pursue rigorous academic study within a Christian worldview.”

Two Capstone parents join the school as plaintiffs in the lawsuit. Kaylie Young, who is also a teacher at Capstone, and Paul Nelson. 

The suit names both the Department of Public Instruction and the North Dakota Education Standards and Practices Board as defendants.

The board in a statement said it is “mandated by North Dakota law to ensure that all classroom teachers are properly licensed.” It has “collaborated closely with Capstone’s administration and faculty to guarantee adherence to this legal requirement,” according to the statement.

North Dakota Superintendent of Public Instruction Levi Bachmeier said he could not comment on active litigation. 

Under the licensure laws, private schools must submit annual compliance reports attesting that all of its educators are licensed and are only teaching subjects they’re approved to teach, according to the complaint.

Capstone takes issue with the fact that this requirement is identical to the one imposed on the public school system, and that it also applies to subjects schools aren’t mandated to teach, like foreign languages at the elementary and middle school levels.

“We have unique philosophies, we have religious convictions, we have curricular priorities that differ, and so the state, by the Century Code, is forcing a square peg to fit into a round hole,” Fisher said during the press conference.

The school argues that North Dakota does not impose nearly as many regulations on parents who homeschool their children.

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“There’s no reason why the state can’t take the same light regulatory touch to parents who choose to send their children to private schools like Capstone,” said Michael Bindas, one of the attorneys representing the plaintiffs.

According to the complaint, Capstone from 2022 to 2025 did not meet state licensure mandates. In 2025, the school received a compliance letter from the Department of Public Instruction on the matter.

“Our records indicate that several current Capstone teachers were either unlicensed or teaching outside of their licensed areas, including individuals who held expired or out-of-state licenses,” the letter states, according to the complaint. The letter said failure to come into compliance would jeopardize the school’s ability to stay open. 

Capstone has since spent more than $10,000 on compliance, according to court records.

The school has previously unsuccessfully pushed North Dakota lawmakers to change the statute, Fisher said during the press conference. He said he plans to support legislation during the 2027-2029 session to change licensing laws.

The plaintiffs are represented by the Institute for Justice, a libertarian nonprofit legal group. Attorneys for the group said Wednesday they support greater educational freedom for private schools across the country. 

The Institute for Justice reached out to Capstone about challenging North Dakota’s law because Capstone leaders had spoken out against the statute previously, and because they believe North Dakota’s is one of the most restrictive in the country, attorneys said during the press conference.

Bindas said he doesn’t believe licensure is necessary for private schools. Any private schools that don’t provide a satisfactory education will be held accountable by families who send their kids there, he said.

“Ultimately, private schools are answerable to parents,” Bindas said. 

The Department of Public Instruction and Education Standards and Practices Board have 21 days to respond to the lawsuit, he said.

North Dakota Monitor reporter Mary Steurer can be reached at [email protected].