Fargo’s Capstone Classical Academy files federal lawsuit challenging private school teacher licensing

Capstone Classical Academy says the state’s licensing requirements restrict who private schools can hire and what they can teach.

Publication: Valley News Live

By Devin Fry

Published: Jun. 10, 2026

FARGO, N.D. (Valley News Live) -A Fargo Christian classical school has filed a federal lawsuit challenging North Dakota’s private school teacher licensing laws, arguing the state’s requirements are unconstitutional and threaten the school’s ability to hire teachers aligned with its mission

Capstone Classical Academy, along with teacher Kaylie Young and parent Paul Nelson, filed the complaint on June 9 in U.S. District Court for the District of North Dakota. The suit names North Dakota Superintendent of Public Instruction Levi Bachmeier and members of the state’s Education Standards and Practices Board as defendants.

What the Lawsuit Claims

The complaint argues North Dakota is an extreme outlier among states, requiring all private school teachers to be licensed or approved by the state, using the same standards applied to public schools. Plaintiffs say those requirements violate the Due Process, Equal Protection, and Privileges or Immunities Clauses of the 14th Amendment to the U.S. Constitution.

The lawsuit was filed by the Institute for Justice, a national nonprofit law firm.

“The law here could not be clearer,” said Riley Grace Borden, a litigation fellow at the Institute for Justice. “For a hundred years, the Supreme Court has said the government cannot standardize the country’s schoolchildren, and that is precisely what North Dakota is trying to do. We are confident the courts will see this case for what it is.”

Background: A State Warning Letter

Capstone was founded in 2021 and opened to students in 2022. The school grew from roughly 120 students in the 2022-23 school year to approximately 220 students in 2024-25, with a 95% student retention rate.

According to the complaint, in May 2025, the North Dakota Department of Public Instruction sent Capstone a letter saying several of its teachers were unlicensed or teaching outside their licensed areas. The letter warned that failure to comply could result in the state revoking Capstone’s approval as a nonpublic school, effectively making student attendance there unable to satisfy compulsory education requirements.

Coming into compliance cost Capstone more than $10,000 in licensing fees, application costs, and re-education credits, according to the complaint. The school also spent significant administrative time navigating the state’s licensing system, enrolling teachers in various licensing pathways, and arranging required mentorship training.

The Core Argument

Plaintiffs argue the licensing requirements restrict which teachers private schools can hire, limit what courses they can offer, and impose the same “uniform” standards the state constitution requires of public schools.

The suit also highlights what it calls an unequal treatment of homeschooling families. Under state law, a parent can supervise home education with only a high school diploma or GED, and outside instructors they hire face no licensing requirements at all. Private school teachers, by contrast, must be licensed or approved by the state board.

“We founded Capstone because we believed North Dakota families deserved a real choice, a school with its own character, its own values, and its own way of teaching,” said Ron Robson, board president and a founding member of Capstone Classical Academy. “You cannot build a school like that if the government decides, one teacher at a time, who is allowed in the classroom. This lawsuit is about finishing what we started: the freedom to be genuinely different.”

What They’re Asking For

Plaintiffs are seeking a court declaration that the licensing statutes are unconstitutional, as well as a preliminary and permanent injunction blocking the state from enforcing the requirements against Capstone, its teachers, and its students’ parents.

The state has not yet filed a response.

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