Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Minnesota and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Minnesota.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
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102A.26 Enforcement and Prosecution
Subd. 3.Notice to parents. The superintendent must notify the parent, in writing, if a child is alleged to be receiving instruction in violation of sections 120A.22 and 120A.24. The written notification must include a list of the specific alleged violations.
Subd. 4.Fact-finding and mediation. If the specified alleged violations of the compulsory attendance requirements are not corrected within 15 days of receipt of the written notification, the superintendent must request fact-finding and medi...
121A.15 health standards; immunizations; school children
Subdivision 1.School and child care facility immunization requirements. Except as provided in subdivisions 3, 4, and 10, no person over two months old may be allowed to enroll or remain enrolled in any elementary or secondary school or child care facility in this state until the person has submitted to the administrator or other person having general control and supervision of the school or child care facility, one of the following statements:
(1) a statement from a physician or a public clinic...
Home Schooling
Minnesota Department of Education summary of the laws regulating home education. This Frequently Asked Questions list covers nonpublic schools, including homeschools unaccredited by a Minnesota-recognized accrediting agency.
Student Report for Aids to Nonpublic Students
This form must be completed at the nonpublic school level and filed with the public school district offices by October 1.
124D.09 Postsecondary enrollment options act.
Subdivision 1.Citation. This section may be cited the "Postsecondary Enrollment Options Act."
Subd. 2.Purpose. The purpose of this section is to promote rigorous academic pursuits and to provide a wider variety of options to high school pupils by encouraging and enabling secondary pupils to enroll full time or part time in nonsectarian courses or programs in eligible postsecondary institutions, as defined in subdivision 3.
Subd. 3.Definitions. For purposes of this section, the following terms ...
Minnesota Department of Education
This is the official website for the Minnesota Department of Education.
123B.41 Definitions.
Subdivision 1.Application. As used in sections 123B.40 to 123B.48, the terms defined in this section shall have the meanings ascribed to them.
Subd. 2.Textbook. (a) "Textbook" means any book or book substitute, including electronic books as well as other printed materials delivered electronically, which a pupil uses as a text or text substitute in a particular class or program in the school regularly attended and a copy of which is expected to be available for the individual use of each pupil i...
Non-accredited, Nonpublic School Full Report
The person or nonpublic school in charge of providing instruction to a child must submit a Full Report to the superintendent of the school district where the child resides. Information in the Full Report must be submitted by October 1 of the first school year the child receives instruction after reaching the age of seven; with 15 days of when a parent withdraws a child from public school after age seven to provide instruction in a nonpublic school that is not accredited by a state-recognized ac...
School and Enrollment Choices
Did you know that there are more options for your child than traditional public school? In Minnesota, parents have a wide range of meaningful school options for their children. These resources give basic information to parents who wish to educate their children at home.
123B.36 Authorized fees.
Subdivision 1.School boards may require fees. (a) For purposes of this subdivision, "home school" means a home school as defined in sections 120A.22 and 120A.24 with five or fewer students receiving instruction.
(b) A school board is authorized to require payment of fees in the following areas:
(1) in any program where the resultant product, in excess of minimum requirements and at the pupil's option, becomes the personal property of the pupil;
(2) admission fees or charges for extracurricula...
123B.42 Textbooks; Individual instruction or cooperative learning material; standard tests
Subdivision 1.Providing education materials and tests. The commissioner of education shall promulgate rules under the provisions of chapter 14 requiring that in each school year, based upon formal requests by or on behalf of nonpublic school pupils in a nonpublic school, the local districts or intermediary service areas must purchase or otherwise acquire textbooks, individualized instructional or cooperative learning materials, software or other educational technology, and standardized tests and...
Optional Forms for Homeschoolers
These district forms are optional and include: Student Report for Aids to Nonpublic Students, Graduation Standards Testing Request Form, Secondary Guidance/Counseling services REquest Form, Pupil Health Services Form, Shared Time Policy Form, Eligible Materials for Reimbursement, and Home School Reimbursement Report.
Letter of Intent to Continue Homeschooling
This is a suggested form from the Minnesota Department of Education to submit the Letter of Intent to Continue Homeschooling. Information must be submitted by October 1 of each year after a Full Report has been filed in the same district.
Minnesota Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Minnesota. Includes a link to a legal analysis of laws relating to homeschooling in Minnesota.
171.39 Exemptions.
(a) The provisions of sections 171.33 to 171.41 do not apply to any person giving driver training lessons without charge; to employers maintaining driver training schools without charge for their employees only; to a home-school within the meaning of sections 120A.22 and 120A.24; or to schools or classes conducted by colleges, universities, and high schools as a part of the normal program for those institutions.
(b) Any person who is a certificated driver training instructor in a high school dr...
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