Public charter schools are finally coming to North Dakota. In a historic step, the Peace Garden State passed its first-ever charter school law during the 2025 legislative session, creating a process for establishing public charter schools.
Though public charter schools have existed in 46 other states for 35 years, this public school model is an entirely new option for North Dakota parents. If you’re curious about what a public charter school is, and why you may want to consider one for your son or daughter, you’re not alone. We’ve got you covered on what public charter schools are, what this new law means, and what’s next for parents in the state.
What is North Dakota’s new charter law?
North Dakota’s new charter school law allows public charter schools to be created and operated in communities across North Dakota. These schools will be tuition-free, public, and open to all. Like any other public school, there are no entrance requirements.
Each state sets its own rules to hold public charter schools accountable for performance. The concept of a charter school is centered around the idea that higher levels of flexibility and autonomy can result in higher levels of student achievement. In North Dakota, public charter schools must be required to have a performance agreement with the State Superintendent’s office that includes the academic outcomes that each public charter school will produce. These schools must hire licensed teachers, take the same state assessments, and provide special education services, like other public schools.
The passing of this legislation is a big step for families in North Dakota. Until now, charter schools weren’t an option in the state. Only three U.S. states do not authorize public charter school by law: Nebraska, South Dakota, and Vermont. 46 other states have passed laws allowing this type of education to exist, though Montana and Kentucky have not yet created any of these schools. That means families in North Dakota now have access to educational opportunities that millions of K-12 students across the country have had for years.
“We are thrilled for families across the state,” said Todd Ziebarth, senior vice president of advocacy and support at the National Alliance for Public Charter Schools. “The National Alliance has worked in many states to ensure a smooth rollout of newly authorized charter school laws, and we will continue to partner with local supporters to do the same in North Dakota.”
What are public charter schools?
Charter schools are free to attend, public, and open to all students, including those with special needs. What makes public charter schools different from traditional public schools is their freedom to innovate with some of the ways education is delivered, from curriculum and school schedules to using innovative teaching methods. Public charter schools are always community driven. Teachers, principals, parents, and community members may apply to open a public charter school in their community. They also operate independently from a local school district and are governed by their own board of directors rather than a local school board.
Because of this flexibility, charter schools can focus on specific approaches to learning, including career and technical education, project-based learning, STEM, or performing arts. They can specialize in serving specific student groups, such as at-risk students or students who need flexible school schedules due to family or work obligations.
Where else are charter schools available?
Public charter schools are authorized in 47 states, Guam, Puerto Rico, and Washington, D.C., with some having existed for over three decades. The first charter school law was passed in Minnesota in 1991, paving the way for this new type of public school. Today, more than 3.7 million students attend one of 8,150 charter schools across the country, including more than 320,000 students in rural charter schools. These schools serve students from all communities, offering opportunities in everything from college prep to hands-on STEM programs.
Neighboring states that have charter schools include Minnesota, Colorado, and Wyoming. Minnesota, which led the way nationally, has a well-established charter school landscape. Colorado and Wyoming also offer charter options, and Montana courts are in the process of determining the future of the state’s charter school law passed in 2023.
What’s next for North Dakota families?
It It may take up to one to two years before students can enroll in a charter school in North Dakota. The Department of Public Instruction (DPI) will spend the next year or more developing the application and review process for prospective charter schools. Afterward, parents, teachers, school leaders, and community members may submit proposals to start new charter schools or converting existing schools into public charter schools.
Here is what the process will look like:
- Organizers interested in starting a public charter school will have to submit an application to the Superintendent of Public Instruction and inform the local school board of their desired location.
- Existing schools can transition to charter status if they gather enough signatures in a petition from a majority of educators and parents. In this case, students who are already enrolled at the school will be given enrollment preference, and the transition will happen.
- The Department of Education will decide whether a charter school application merits approval or not.
- The Department of Public Instruction and the public charter school’s board of directors will negotiate and enter into a performance agreement.
- Parents can apply to attend a public charter school of their choice once doors are open!
While rules and procedures are being established by the Department of Public Instruction, families can expect a period of planning and preparation as the state works to bring this new education option to life.
When will public charter schools open in North Dakota? It is likely that we’ll see a few public charter schools open in the fall of 2026.
Other school choice options in North Dakota
North Dakota is one of 43 states with open enrollment options in traditional public schools for families. This means families in North Dakota can transfer their children to any public school district in the state regardless of their zip code or assigned district.
In addition to these options, North Dakota families have a range of educational choices, including traditional public schools, public charter schools, online learning, private schools, homeschooling, microschooling and mix-and-match learning. The state does not have a private school choice program that helps families afford private school, nor does it offer freestanding public magnet schools.
Learn more
This is a big shift for North Dakota’s education landscape–and one that will take time to unfold. The creation of public charter schools in the state opens up new opportunities for families, educators, and communities, but it will take some time until they will be available to families.
As North Dakota begins implementing its charter law, new charters will need to be approved and developed, which means the impact of this change will grow gradually over the coming years. Stay tuned for more updates as they are made available. Visit our Ultimate Guide to Public Charter School to explore everything from how charter schools operate to how families can find and enroll in them.
