As part of the provision of the Enabling Act of the United States of America to divide the Dakota Territory into two states, North Dakota and South Dakota, to admit them into the Union in 1889, the states were required to form an education of deaf and other handicapped children. South Dakota already had a school for the deaf in Sioux Falls. Federal government purchased 40,000 acres of land and donated them to the state. The state used part of this land for the school.

Anson R. Spear, a deaf graduate from the Minnesota School for the Deaf, formed the North Dakota School for the Deaf in Devils Lake by drawing up a bill to be brought to the State Legislature. The state congress passed the bill, but the governor vetoed it. Persistence by the supporters brought this bill back and on the last day of the legislative session, this bill was passed on March 18, 1890. Spear became the superintendent, and his wife, matron. Olaf Hanson, a deaf architect, designed the new school building. Alto M. Lowman, the first deaf lady graduate from Gallaudet College, was hired to be one of the new teachers. A compulsory attendance of children between 11 to 21 years of age forced the attendance of deaf students at this school, or the parents would be fined $10 to $50.