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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Pupil Immunization Record
The Minnesota Department of Health issues this form to record childhood immunizations.
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.
Minnesota Department of Education
This is the official website for the Minnesota Department of Education.
Minnesota Statutes Regarding Home Schools
A comprehensive list of all statutes that pertain to home schools in the state of Minnesota.
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.
120A.24 Reporting.
Subdivision 1.Reports to superintendent. (a) The person or nonpublic school in charge of providing instruction to a child must submit to the superintendent of the district in which the child resides the name, birth date, and address of the child; the annual tests intended to be used under section 120A.22, subdivision 11, if required; the name of each instructor; and evidence of compliance with one of the requirements specified in section 120A.22, subdivision 10: (1) by October 1 of the first sc...
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.
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...
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...
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...
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.
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...
Letter of Intent to Continue to Provide Instruction
Submit a Letter of Intent to Continue to Provide Instruction to the superintendent’s office in the school district where the parent/legal guardian resides. Complete the information using this form or a written or electronic format of your choice. Information in the Letter of Intent must be submitted by October 1 of each year after a Full Report has been filed in the same district. If you have moved, you must file a new Full Report.
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...
120A.22 Compulsory instruction.
Subd. 4.School defined. For the purpose of compulsory attendance, a "school" means a public school, as defined in section 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic school, church or religious organization, or home school in which a child is provided instruction in compliance with this section and section 120A.24. Subd. 5.Ages and terms. (a) Every child between seven and 17 years of age must receive instruction unless the child has graduated. Every child under the age of seven who ...
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