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.
Reporting Information for Homeschoolers in the State of Minnesota
Minnesota law requires homeschooling families to report certain information to their school district once a year. The specific statute that addresses reporting, Minn. Stat. 120A.24, subd. 1, is fairly easy to read and understand.
Homeschool Full Report
This is a suggested form from the Minnesota Department of Education to submit a Full Report to the superintendent's office in the school district where the parents/legal guardians reside.
144.3351 Immunization data.
Providers as defined in section 144.291, subdivision 2, group purchasers as defined in section 62J.03, subdivision 6, elementary or secondary schools or child care facilities as defined in section 121A.15, subdivision 9, public or private postsecondary educational institutions as defined in section 135A.14, subdivision 1, paragraph (b), a board of health as defined in section 145A.02, subdivision 2, community action agencies as defined in section 256E.31, subdivision 1, and the commissioner of h...
Initial Report To Superintendent
This pdf form is the form homeschoolers fill out when they first begin homeschooling AND when their child reaches age 7. (Note: If your child is under age 7 but was previously enrolled in public school, you may need to file this form upon removing them from school.
Minnesota Statutes Regarding Home Schools
A comprehensive list of all statutes that pertain to home schools in the state of Minnesota.
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 ...
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...
Annual Report to School District
In the summer of 2011, the Minnesota Legislature passed the Homeschool Mandate Reduction bill, improving homeschool reporting and strengthening homeschooling rights in Minnesota. Minnesota law does not specify how home educators should write their annual report, only that it is due by October 1 each year and certain information must be communicated. MÂCHÉ encourages you to use one of these forms or to write your own letter instead of any documents a local school district may send because those u...
120A.26 Enforcement and prosecution.
g 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 mediation services from the commissioner.
Subd. 5.Notice to county attorney. If the alleged violations are not corrected through the fact-finding and mediation process under subdivision 4, the superintendent must notify the county attorney of the alleged violations. The superintend...
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...
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...
Minnesota Education Tax Credit & Deduction
Minnesota has two programs—the education tax credit and the education tax deduction (also called a subtraction)—to help families pay expenses related to their child’s kindergarten through 12th grade education. Both programs lower the taxes you must pay and may even provide a larger refund when you file your Minnesota Individual Income Tax Return.
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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