Your Rights to Homeschool in Minnesota

Homeschooling in Minnesota has skyrocketed over the past few years. This method of education has increased by 39 percent since the 2017-2018 school year and up 10 percent between the 2022-2023 school year and the 2023-2024 school year. About 29,000 Minnesota K-12 students were homeschooled during the 2023-2024 academic year.

Many parents have the desire to homeschool for a variety of reasons. For example, during the Covid-19 pandemic, they realized the convenience and benefits of home-based learning. Another predominant reason is that parents are concerned about the curriculum politicians and government are forcing upon children in public schools. Regardless of the reason, you have the legal right to homeschool your child. The Supreme Court ruling in Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary reiterated this right with the Court stating that state governments cannot force children to "accept instruction from public teachers only." The ruling held that children belong to the parents, not the state.

Homeschool is different from private school in many ways, meaning that there are a host of legal issues that homeschooling parents face that differ from those in the public or official private school system. Homeschooling is relatively new in Minnesota; before 1987, it was illegal to homeschool your child in the state. There is still a stigma against homeschooling, which can lead to legal pushback from the state. However, as a parent, you have rights, and the Lento Law Firm is here to protect your rights. Our Education Law Team can represent you in any homeschooling battle you may face, from dealing with the Department of Education on licensing and registration to ensuring your child has access to sports and extra-curriculars, issues with vaccination exemptions, and more. Call us today at 888-535-3686 or contact us online to discuss your case.

What is Homeschooling?

Homeschooling is solely home-based private schooling and has no affiliation with Minnesota's public school systems or private schooling institutions. This means that the state does not set the homeschooling curriculum. Keep in mind that your child will still need to pass certain tests and meet educational standards set by the state. However, how you teach them the materials, scope, and subjects of your homeschooling is up to your discretion. As the name suggests, homeschooling occurs in the home, although it doesn't have to be in the home of the parent or guardian.

What are Homeschooling Co-ops?

While you are welcome to homeschool your child in your own home, you can also choose to enroll your child in a homeschool co-op. Co-ops offer the same freedoms as homeschooling and, like individual homeschooling, do not have the curriculum set by the state. Homeschooling co-op classes may be taught by a range of people, including other parents, volunteers, certified teachers, or educational professionals hired by and paid for by the homeschooling community.

Homeschooling co-ops can provide all your child's education needs, or you can select to have your child participate in only specific classes or extra-curricular clubs to supplement the education you are providing in your home. Many parents find homeschooling co-ops beneficial to both them and their children. Co-ops take some pressure off parents who may be overwhelmed or not equipped to provide their child with all the necessary education or extra-curricular activities. Benefits to homeschooled children include exposure to different educational styles and social interaction with other children.

Minnesota has a few different homeschooling co-ops, including Heritage Homeschool Academy, Kingdom Builders Co-op, Southern Cross Christian Co-op, and Teach Co-op.

Minnesota Homeschooling Regulatory Body

The Minnesota Department of Education regulates homeschooling and ensures that all homeschools are registered and in compliance with relevant laws and regulations.

Minnesota Compulsory Education Law

The Minnesota Compulsory Education Law requires all children from ages 7 to 17 to attend school in some form, whether public, private, or homeschooled. The only exception to this law is for children in the Amish community; parents in this community may discontinue their child's education after the child has completed 8^th grade.

Compliance with the Minnesota Compulsory Education Law

Homeschooling your child, unfortunately, involves a fair bit of administrative tasks. You cannot just fail to enroll your child in school or pull them out of public school at any time. One task you must complete at the beginning of your homeschooling journey is to notify the school superintendent of your local school district within the appropriate time frame, which is as follows:

By October 1 of the first year, your child is being homeschooled when the child is over the age of 7
Within 15 days of withdrawing your child from public school with the intent not to enroll your child in a Minnesota state-accredited school
Within 15 days of moving out of that school district
By October 1, after a new resident district is established

To register your homeschool with your Minnesota school district, you have the option to fill out the Initial Registration Form for Unaccredited Nonpublic Schools Including Homeschools or provide the following information to the school district in another manner:

Your child's name, birthdate, and address
The name of each instructor and proof they meet the state educator requirements
The annual state-mandated examinations your child will attend and the location of the examination
Statement regarding your child's required childhood immunizations

What are the Requirements to be a Homeschool Educator?

Minnesota has strict requirements for those providing homeschool instruction. Unfortunately, not just any parent or guardian can become an educator homeschooling their child. For some families, this may be a barrier to homeschooling or a decision they cannot implement immediately. To be a homeschool educator, you must meet one of the following requirements, or you may face legal action by the state.

You must hold a valid Minnesota teaching license in the field and for the grade level you will be teaching
An educator with an active Minnesota teaching license directly supervises you
You have successfully completed a State Board of Education teacher competency examination
You hold a baccalaureate degree from an accredited university
You have legal custody of the child and have been assessed under Minnesota Law

Homeschool Curriculum Requirements

Likely, one of the main reasons you homeschool your child is that you disapprove of the public school curriculum. One appeal of homeschooling is having sole discretion over your child's curriculum, but the notion you have 100% control is misleading. While it is frustrating that the state is interfering with your homeschooling curriculum, you are required to include the following subjects:

Reading, writing, literature, and fine arts
Mathematics
Science
Social studies (history, geography, economics, government, and citizenship)
Health
Physical education

Testing Requirements for Minnesota Homeschools

All children aged 7 to 17 must take annual achievement tests in Minnesota. To ensure compliance with testing requirements, you will need to work directly with your school district's superintendent. If your child scores below the 30^th percentile, you are required to have your child evaluated for learning disabilities.

There is an exception to this rule for some, but not all, homeschooled children. If you get your homeschool accredited by a Department of Education-approved homeschool accreditation agency, your child will be exempt from these testing requirements. You are not required to have your homeschool accredited, but having the accreditation has its benefits. Only one accreditation agency has been approved by the state, the Home-Based Educators Accrediting Association.

Sports and Extra-curriculars

If you homeschool your child and your homeschool has less than five students, your child has the legal right to participate in sports and extra-curriculars at your local public school. If your local school prevents your child from participating in sports or extra-curriculars, document your interactions with the school district and call the Lento Law Firm. Our Education Law Team will advocate on your behalf to ensure your child has access to these activities.

Immunization Requirements

In Minnesota, homeschooled children are required to have the same immunizations as public school students. You must submit your child's vaccination records to the Department of Education at two separate times during their homeschooling, once when you provide first notice of homeschooling to your school district and a second time when your child reaches 7^th grade.

While the state mandates vaccines, there are some exemptions to vaccine requirements, which may be a good option if you feel strongly that vaccines are inappropriate for your child. You may pursue a medical exemption. You can provide a letter from your healthcare provider stating the medical reasons your child should be exempt from immunizations. Alternatively, you can file for a non-medical exemption to be exempt based on the parent or student's beliefs; this request statement must be notarized. If the Department of Education denies your exemption requests or is giving you trouble, contact the Lento Law Firm.

The Rights of Special Education Homeschool Students

Minnesota homeschooled students with special needs are entitled to receive special education through their local school district. Your school district may try to claim that because your child is homeschooled, they have no obligation to help you ensure your child has their special education needs met; this is false. Figuring out which services your child is entitled to can be complicated, and your school district can try to confuse you or make you genuinely uneducated about its obligations. The Lento Law Firm Education Law Team will guide you through what your child is entitled to and the process for ensuring your school district meets their needs.

Rights for Students Pursuing Secondary Education

Some colleges and universities may look down upon homeschooled students and make the application process difficult for them. Transitioning to secondary education is exciting but difficult for all children, and the process shouldn't be made harder by admissions officers. Your child has just as much a right to college or university as any other student.

One thing that can make applying to colleges and universities easier is if your homeschool is accredited. The homeschool accreditation agency discussed above, the Home-Based Educators Accrediting Association, will issue your child official transcripts and a diploma. It assists with record-keeping and education planning, which can be helpful for the secondary education application and placement process.

Minnesota Homeschool Resources and Support

You may not know any other people homeschooling their children; this can feel isolating. When you are just starting your homeschooling journey, you may feel isolated and overwhelmed by your new tasks. Fortunately, several homeschool support groups in Minnesota connect you with other homeschool parents and provide resources to help you through this new endeavor. A few of these support groups include:

Defend Your Right to Homeschool

Regardless of why you have chosen to homeschool your child, it is your legal right to do so. Even as homeschooling becomes more common, the stigma against it still exists, which unfortunately can lead to problems for you and your child. Just as you have chosen to protect your child and put their needs first by homeschooling them, you will need to ensure that their rights are protected throughout their homeschooling journey. This task can be overwhelming, but you are never alone in the process when you retain the Lento Law Firm Education Law Team.

Our Education Law Team is well-versed in the laws, regulations, and rights related to homeschooling in Minnesota. We will fight tooth and nail for your child and their rights when an issue arises. Don't fight the Department of Health alone; contact us online or call 888-535-3686.

Homeschooling Issues in Minnesota: Know Your Rights