Minnesota Education Code For Homeschooling
This is not intended to be legal advice and is distributed for information purposes only. Check for updates at your public library. You may also verify Minnesota statutes through the linked code numbers below.
Compulsory attendance - between 7 and 16 years of age.
Parental Qualifications - Parents no longer need to be supervised. They only need be the parent of the child who is being assessed.
Testing - Mandatory. Reporting of scores: not. [Test Resources]
Curriculum - In English covering the basic subject areas.
Reporting - Unaccredited Nonpublic School (Including Homeschools) Full Report
This form is to be submitted to resident school superintendents by October 1 of each year, or within 15 days of withdrawing a child from public school. Revised July 2012.
Important Law Changes - Homeschools no longer need to submit calendars or report cards to superintendents. Do maintain information about curriculum, instruction, testing and scores. This information will be need to be submitted to a public school if enrolling again, or in cases of educational neglect.
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 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.
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; [the PPST.]
(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.
Subd. 11. Assessment of performance.
(a) Each year the performance of every child ages seven through 16 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.
[Note that Minnesota families are NOT required to provide test scores to superintendents.]
Subd 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 school year the child receives instruction after reaching the age of seven;
(2) within 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 a state-recognized accredited agency;
(3) within 15 days of moving out of a district; and
(4) by October 1 after a new resident district is established.
(b) The person or nonpublic school in charge of providing instruction to a child between the ages of seven and 16 must submit, by October 1 of each school year, a letter of intent to continue to provide instruction under this section for all students under the person’s or school’s supervision and any changes to the information required in paragraph (a) for each student.
(c) The superintendent may collect the required information under this section through an electronic or Web-based format, but must not require electronic submission of information under this section from the person in charge of reporting under this subdivision.
Subd. 2. Availability of documentation.
(a) The person or nonpublic school in charge of providing instruction to a child must maintain documentation indicating that the subjects required in section 120A.22, subdivision 9, are being taught and proof that the tests under section 120A.22, subdivision 11, have been administered. This documentation must include class schedules, copies of materials used for instruction, and descriptions of methods used to assess student achievement.
(b) The parent of a child who enrolls full time in public school after having been enrolled in a nonpublic school that is not accredited by a state-recognized accrediting agency, must provide the enrolling public school or school district with the child’s scores on any tests administered to the child under section <statute_ref>120A.22, subdivision 11, and other education-related documents the enrolling school or district requires to determine where the child is placed in school and what course requirements apply. This paragraph does not apply to a shared time student who does not seek a public school diploma.
(c) The person or nonpublic school in charge of providing instruction to a child must make the documentation in this subdivision available to the county attorney when a case is commenced under section 120A.26, subdivision 5; chapter 260C; or when diverted under chapter 260A.
Frequently Asked Questions (FAQ)
Nonpublic Schools, Including Homeschools, Unaccredited by a Minnesota-Recognized Accrediting Agency
Minnesota Laws and Forms
MHA. You’ll need some basic information about the law if you’re a homeschooling family. That may sound intimidating, but don’t let it bother you. The law is not very complicated, and we’ve created some forms that make it even easier to understand. Thousands of other homeschooling families have sorted this out, and you will too!