North Dakota
Capstone Academy of Fargo and nonprofit sue North Dakota over teacher licensing requirements
FARGO — A private religious school in Fargo has teamed up with a civil liberties law firm in suing the state of North Dakota over its teacher licensing law.
Capstone Classical Academy and the nonprofit Institute for Justice, based in Arlington, Virginia,
filed a 50-page federal lawsuit in U.S. District Court
in North Dakota on Wednesday, June 10.
They challenge what they call the nation’s “most extreme” teacher licensing law, which keeps people with doctorate degrees, working professionals and other qualified experts out of private school classrooms unless they first complete a state licensing program.
Capstone,
which opened in temporary locations in 2022 and moved to a new, sprawling campus at 6597 43rd St. S. in 2025,
teaches pre-k through Grade 12 students.
Bringing the lawsuit along with Capstone are Kaylie Young, a teacher at the school, and Paul Nelson, a parent of a student.
David Samson / The Forum
Named as defendants are state Superintendent of Public Instruction Levi Bachmeier, various members of the North Dakota Education Standards and Practices Board, and Rebecca Pitkin, executive director of that independent board responsible for teacher licensure and other professional practices.
The state has 21 days to respond to the lawsuit, the Institute said.
Bachmeier told The Forum that since he’s named as a defendant, he cannot comment.
Pitkin submitted a statement, saying, “The Education Standards and Practices Board (ESPB) is mandated by North Dakota law to ensure that all classroom teachers are properly licensed. In recent years, ESPB has collaborated closely with Capstone’s administration and faculty to guarantee adherence to this legal requirement.”
Capstone and the Institute held a joint news conference via Zoom on Wednesday.
Headmaster Paul Fisher said they’re not suing as adversaries of the Department of Public Instruction or ESPB, but for freedom to deliver a distinct mission without the hindrance of state regulations.
Chris Flynn / The Forum
“The state, by the Century Code, is forcing a square peg to fit into a round hole, and in doing so, they are violating parental choice and teachers’ professional freedom,” Fisher said.
In May of 2025, Capstone received a compliance letter from the state threatening to take away Capstone’s state approval unless the school complied with teacher licensing laws.
Michael Bindas, a senior Institute attorney, said Capstone had been working “creatively” with the state to find solutions, but with the compliance letter, it became clear the state was no longer willing to do so.
David Samson / The Forum
Since then, the school said it has navigated paperwork, kept postings open for jobs already filled, reshaped courses to fit state-approved categories and paid “thousands and thousands of dollars” to come into compliance.
“That time, that money, that energy should be going toward educating children, not to comply with unnecessary and often irrational regulations,” Bindas said.
Capstone already has high standards for teachers in terms of content expertise and teaching competence, Fisher said, and the school vets their character and runs mandatory background checks.
Fisher said he must honor the mission of the school and the trust of parents “who pay their taxes to the public schools, and then, in addition to that, pay tuition to provide what they believe is the right education for their child.”
David Samson / The Forum
Another Institute attorney, Riley Grace Borden, said the plaintiffs, Young and Nelson, chose Capstone because it is unique.
“It was a sacrifice for them to do that. Both … face longer commutes, Kaylie faces a lower salary. But they chose Capstone because it offers different courses, it has a different mission and focus,” Borden said.
She said the Institute approached a number of schools in North Dakota when considering bringing legal action related to teacher licensing.
“A bunch of them, every single one we talked to, in fact, was suffering,” she said.
In fact, Borden blamed the state’s “impractical and expensive” teacher licensing laws for an ongoing teacher shortage in the state.
Chris Flynn / The Forum
North Dakota legalized homeschooling in 1989, allowing parents without a teaching license or a college degree to teach their children.
Bindas said there’s no reason North Dakota can’t take the same “light touch” for private schools, and he’d go even further.
“At the end of the day, I don’t think licensure is necessary … government can and often does, and in this case has gone far beyond anything within its legitimate powers,” he said.
It’s unclear whether other private schools in Fargo or in the state will join in the lawsuit, Borden said, as some gave different reasons as to why they weren’t in a position to do so.