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120A.22 Compulsory instruction. |
Subd. 5. Ages and terms. (a) Every child between seven and 16 years of age must receive instruction. Every child under the age of seven who is enrolled in a half-day kindergarten, or a full-day kindergarten program on alternate days, or other kindergarten programs shall receive instruction. Except as provided in subdivision 6, a parent may withdraw a child under the age of seven from enrollment at any time.
(b) A school district by annual board action may require
children subject to this subdivision to receive instruction in
summer school. A district that acts to require children to
receive instruction in summer school shall establish at the time
of its action the criteria for determining which children must
receive instruction.
Subd. 9. Curriculum. Instruction must be provided in
at least the following subject areas:
(1) basic communication skills including reading and
writing, literature, and fine arts;
(2) mathematics and science;
(3) social studies including history, geography, and
government; and
(4) health and physical education.
Instruction, textbooks, and materials must be in the
English language. Another language may be used pursuant to
sections 124D.59 to 124D.61.
Subd. 10. Requirements for instructors. A person who
is providing instruction to a child must meet at least one of
the following requirements:
(1) hold a valid Minnesota teaching license in the field
and for the grade level taught;
(2) be directly supervised by a person holding a valid
Minnesota teaching license;
(3) successfully complete a teacher competency examination;
(4) provide instruction in a school that is accredited by
an accrediting agency, recognized according to section 123B.445,
or recognized by the commissioner;
(5) hold a baccalaureate degree; or
(6) be the parent of a child who is assessed according to
the procedures in subdivision 11.
Any person providing instruction in a public school must
meet the requirements of clause (1).
Subd. 11. Assessment of performance. (a) Each year
the performance of every child who is not enrolled in a public
school must be assessed using a nationally norm-referenced
standardized achievement examination. The superintendent of the
district in which the child receives instruction and the person
in charge of the child's instruction must agree about the
specific examination to be used and the administration and
location of the examination.
(b) To the extent the examination in paragraph (a) does not
provide assessment in all of the subject areas in subdivision 9,
the parent must assess the child's performance in the applicable
subject area. This requirement applies only to a parent who
provides instruction and does not meet the requirements of
subdivision 10, clause (1), (2), or (3).
(c) If the results of the assessments in paragraphs (a) and
(b) indicate that the child's performance on the total battery
score is at or below the 30th percentile or one grade level
below the performance level for children of the same age, the
parent must obtain additional evaluation of the child's
abilities and performance for the purpose of determining whether
the child has learning problems.
(d) A child receiving instruction from a nonpublic school,
person, or institution that is accredited by an accrediting
agency, recognized according to section 123B.445, or recognized
by the commissioner, is exempt from the requirements of this
subdivision.
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120A.24 Reporting. |
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Subdivision 1. Reports to superintendent. The person
in charge of providing instruction to a child must submit the
following information to the superintendent of the district in
which the child resides:
(1) by October 1 of each school year, the name, birth date,
and address of each child receiving instruction;
(2) the name of each instructor and evidence of compliance
with one of the requirements specified in section 120A.22,
subdivision 10;
(3) an annual instructional calendar; and
(4) for each child instructed by a parent who meets only
the requirement of section 120A.22, subdivision 10, clause (6),
a quarterly report card on the achievement of the child in each
subject area required in section 120A.22, subdivision 9.
Subd. 2. Availability of documentation. The person
in charge of providing instruction to a child must make
available documentation indicating that the subjects required in
section 120A.22, subdivision 9, are being taught. This
documentation must include class schedules, copies of materials
used for instruction, and descriptions of methods used to assess
student achievement.
Subd. 3. Exemptions. A nonpublic school, person, or
other institution that is accredited by an accrediting agency,
recognized according to section 123B.445, or recognized by the
commissioner, is exempt from the requirements in subdivisions 1
and 2, except for the requirement in subdivision 1, clause (1).
Subd. 4. Reports to the state. A superintendent must
make an annual report to the commissioner of education. The
report must include the following information:
(1) the number of children residing in the district
attending nonpublic schools or receiving instruction from
persons or institutions other than a public school;
(2) the number of children in clause (1) who are in
compliance with section 120A.22 and this section; and
(3) the number of children in clause (1) who the
superintendent has determined are not in compliance with section
120A.22 and this section.
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Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary |
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In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."
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Home Schooling |
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Minnesota Department of Education summary of the laws regulating home education. |
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Minnesota Home School Laws from HSLDA |
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HSLDA |
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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. |
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