Minnesota Law
Understanding Homeschool Law
MINNESOTA LAW SUMMARY
Parents must submit their intent to homeschool (annual report) to their local school district by October 1 of each year. Children ages 7-17 are required to receive instruction.
The First Year
If your child turns 7 before October 1st and has never attended another school, submit your Initial Report to the Superintendent and an Immunization Record by October 1st to the school district in which you live. Immunization records will be required again the year your child turns 12. Your family physician can provide you with your child's immunization record or you can look it up here. If you choose not to vaccinate, you must submit a Vaccine Exemption form.
For Subsequent Years
In subsequent years, you must file a Letter of Intent to Continue Homeschooling by October 1 each year. (You must submit Immunization Records again when your child enters seventh grade or reaches age 12.)
Once your child turns 16, reporting is no longer required unless you begin homeschooling at age 16 unless they participate in PSEO.
Per the PSEO statute (124D.09), a nonpublic student must register with the commissioner of education before participating in the PSEO program. The commissioner has decided instead of inventing a new process and/or form, that the Minnesota Department of Education is using the Letter of Intent to Continue Homeschooling as the way in which nonpublic PSEO students register with the commissioner.
At this point, if you have a 17- or 18-year-old that is participating in PSEO, you will have to file your Letter of Intent to Continue Homeschooling reporting form. If you have multiple children on the form, then you need not report any changes from the previous year.
Necessary Forms
Homeschool Minnesota-MÂCHÉ has prepared the following forms for your convenience. Simply download, fill out, and submit. We strongly encourage you to use these forms as they include only the necessary reporting requirements:
- Initial Report to the Superintendent
- MN Vaccine Exemption or VSCM-Conscientious-Exemption-Form.pdf
- Letter of Intent to Continue Homeschooling
*Minnesota law does not specify how to write your annual report, only that it must be submitted by October 1 each year and include certain required information. MÂCHÉ recommends using one of our forms or drafting your own letter instead of relying on documents provided by the local school district, as those may ask for more information than the law requires.
Important Tip: Always keep a photocopy of your annual report for your own records.
Withdrawing a Student to Begin Homeschooling
If you withdraw your student from another school to begin homeschooling in the middle of a school year, you must notify the superintendent, and we advise you notify their teacher and principal. File your report to the district within 15 days after the withdrawal.
If you decide to homeschool over the summer, file your report when their previous school starts in the fall to avoid being reported as truant. Use the Initial Report referenced above and mention to the school that the student’s immunization records are already in their files.
In Minnesota, homeschooling parents are required to teach reading, writing, literature, fine arts, math, science, history, geography, economics, government, citizenship, health, and physical education. However, there’s no specific requirement for how often these subjects must be taught or at what grade levels.
When planning your child’s high school years, it’s a good idea to consider college admission requirements to ensure they’re well-prepared if that is the path they choose. Students can also explore the option of dual enrollment (PSEO), which allows them to take college courses that count for both high school and college credit.
Additionally, Minnesota does not require a set number of teaching days in your calendar. Many homeschool families follow a typical school year of around 180 days, but you have the flexibility to create a schedule that works best for your family.
Minnesota law requires that homeschool parents maintain records to show that the required subjects are being taught and that annual achievement tests have been administered. To comply with these requirements and to ensure thorough documentation, here are some key items you should keep:
Essential Records to Maintain
- Class Schedules: Keep a record of your daily or weekly class schedules.
- Instructional Materials: Include copies or records of textbooks, workbooks, and other materials used for teaching.
- Assessment Methods: Document the methods you use to assess your child’s learning and progress, such as quizzes, tests, or projects.
- Proof of Testing: Keep records of any standardized tests or yearly achievement tests your child has taken, as required by law.
Recommended Records
- Attendance Logs: Maintain records of your child’s attendance throughout the year.
- Student Work Samples: Keep samples of your child’s completed work to demonstrate progress.
- Textbooks & Workbooks: Maintain a list or copies of the textbooks and workbooks used in your homeschool.
It’s best to keep these records for at least three years. However, if your child is in high school, it’s essential to maintain records for all four years of their high school education.
High School Transcripts
For middle school and high school students, parents should prepare a transcript detailing their coursework and achievements.
Minnesota law requires you to administer a nationally standardized achievement test to your child each year. While you are not required to submit the results to the school district, it’s important to keep them in your personal records. If your child scores at or below the 30th percentile on the total battery score, you are required to seek additional evaluation to determine if there are any learning difficulties. Here’s a breakdown of the key requirements:
Testing Guidelines
- Who Must Be Tested: Home-educated students between the ages of 7 and 16 (or 17 in some cases) must be tested annually using a nationally norm-referenced standardized achievement test.
- Testing Exemptions: If you are registered with an organization that is part of a recognized Minnesota accrediting association, you are not required to test your children.
- End of Testing Requirement: Once a student turns 16, the requirement to take a standardized test ends, unless homeschooling began at age 16.
Keep Records
While you are not required to submit test results to the school district, it’s important to keep them in your personal records. If your child scores at or below the 30th percentile on the total battery score, you are required to obtain an additional evaluation to determine if there are any learning difficulties.
College-Prep Testing
For high school students preparing for college, consider having them take tests like the ACT, CLT, or SAT. These college-prep exams do not replace the required annual tests for students under 16 years old but are valuable for post-secondary education planning.
You can find additional testing information on our site here: Homeschool Testing Resources
Parents teaching their own children are automatically qualified to homeschool. However, if someone other than the parent is the primary teacher, they must meet one of the following qualifications:
- Hold a valid Minnesota teaching license for the subject and grade level being taught
- Be directly supervised by a licensed teacher
- Provide instruction in a school accredited by a state-recognized accrediting agency, or
- Hold a baccalaureate degree
MINNESOTA REPORTING FORMS
You will need to submit the Initial Report to Superintendent form by October 1st in the following situations to comply with Minnesota homeschool laws. Below are the circumstances when this form is required:
- This is your first year homeschooling and your child has not been enrolled in public school
- You are withdrawing a child (ages 7-17) from public school mid-year
- You are withdrawing a child (ages 7-17) from public school between school years
Homeschool Minnesota-MÂCHÉ has prepared the following forms for your convenience. Simply download, fill out, and submit. We strongly encourage you to use these forms as they include only the necessary reporting requirements:
- Initial Report to the Superintendent
- MN Vaccine Exemption or VSCM-Conscientious-Exemption-Form.pdf
- Letter of Intent to Continue Homeschooling
*Minnesota law does not specify how to write your annual report, only that it must be submitted by October 1 each year and include certain required information. MÂCHÉ recommends using one of our forms or drafting your own letter instead of relying on documents provided by the local school district, as those may ask for more information than the law requires.
Important Tip: Always keep a photocopy of your annual report for your own records.
When withdrawing a child between the ages of 7 and 17 from public school mid-year, you must submit an Initial Report to the Superintendent to the school district’s superintendent within 15 days of the withdrawal. We also encourage you to inform your child's current teacher(s) and principal. If a child is absent from school for more than 7 days without notifying the district, the child may be considered truant, leading to unnecessary confusion.
Homeschool Minnesota-MÂCHÉ has prepared the following forms for your convenience. Simply download, fill out, and submit. We strongly encourage you to use these forms as they include only the necessary reporting requirements:
*We recommend sending the form via certified mail to ensure it is received. Alternatively, some families submit it in person. In either case, make sure to obtain proof that the report was submitted within the 15-day window to avoid any issues.
By October 1st of the following school year, you must submit a Letter of Intent to Continue Homeschooling to the superintendent and continue doing so each year until the student turns 16.
Remember, Minnesota law requires you to list the annual test you will use, the tester’s name, and where the testing will take place. For more details, visit our Homeschool Testing Resources page.
Special Circumstances
Removing a child under 7 years old from public school can only be done for good cause, such as enrolling the child in another educational option, including homeschooling. You must notify the superintendent that you are removing the child for good cause (homeschooling), and the child will not be subject to compulsory education reporting until they turn 7.
Removing a child over 17 years old from public school: parents must attend a meeting with school personnel to discuss the educational options available to the student. Parents must sign a written election to withdraw from school. If the child is still 17 on the following October 1st, you must submit a Letter of Intent to Continue Homeschooling.
If you are withdrawing a child between the ages of 7 and 17 from public school between years, follow the instructions in the tab above for First Year Homeschooling.
Children Under 7 Years Old
A child under 7 can only be withdrawn from public school for good cause, which includes enrolling the child in another school option, such as homeschooling. You must notify the superintendent of the reason for withdrawal. After this, the child will not be subject to compulsory education reporting until they turn 7.
Children 17 and Older
If a child is 17 or older, parents are required to meet with school personnel to discuss the educational options available to the student. Parents must then sign a written election to withdraw the student from school. If the child is still 17 on the following October 1st, you must submit a Letter of Intent to Continue Homeschooling.
ATHLETICS
1. HISTORY
Since the late 1990s, homeschooling families in Minnesota have enjoyed various opportunities for athletics and extracurricular activities within public schools, thanks to a dedicated homeschool mom and her relationship with her legislator.
In 1997, a homeschooling mother wanted her daughters to participate in the band program at their local public school. When she approached the school district with her request, they attempted to charge her an exorbitant fee, claiming that her daughters were causing the district to lose aid.
She appealed to her neighbor and friend, Phil Carruthers, who was then the Speaker of the House. After discussions and homeschool advocates demonstrating that homeschool families pay taxes to support public schools from which they don’t directly benefit, legislation was passed granting homeschool families the right to access athletic and other extracurricular activities in public schools.
The changes in the law ensured that homeschooled students have the right to participate in “extracurricular activities” sponsored by their resident school district. Districts are prohibited from charging homeschool families higher fees than public school students. Additionally, homeschooled students are allowed to participate on the same basis as public school students, meaning they must compete for positions and follow the same rules. However, this does not require homeschooled students to meet public school educational standards—only the rules governing participation in the activities.
2. MINNESOTA STATE HIGH SCHOOL LEAGUE
The Minnesota State High School League (MSHSL) oversees high school athletics to ensure fair competition. MSHSL is a cooperative nonprofit organization comprising both public and private schools, but it is not a state agency. Schools that join MSHSL can participate in its sanctioned events.
It's important to note that MSHSL rules apply only to "high school" activities, including varsity athletics, high school B squads, junior varsity, and sophomore teams. These rules do not apply to ninth-grade teams, middle school teams, or community programs, as they are outside MSHSL's scope.
Local school boards or community organizations govern participation in middle school athletics or community programs. If the school district manages a program, homeschooled students have the right to participate for the same fee and with the same criteria as public-school students.
Athletic participation should not be a reason to stop homeschooling in high school. With some planning and relationship-building, your student can still participate in high school athletics while being homeschooled. Start by getting involved with the local community sports teams your child is interested in. This will help you navigate any potential red tape more easily.
Spend time familiarizing yourself with the MSHSL rules on its website at www.mshsl.org. Contact MSHSL for membership information: 763-560-2262, 2100 Freeway Boulevard, Brooklyn Center, MN 55430.
DRIVER’S EDUCATION REQUIREMENTS
Minnesota law allows homeschool parents to teach the classroom portion of driver education to students under 18, as long as the student is receiving full-time instruction in a homeschool setting, per Minn. Stat. § 120A.22 and 120A.24. The student must be working toward a homeschool diploma and using driver education materials approved by the commissioner of Public Safety.
Only students who meet the definition of full-time homeschoolers under Minnesota law are eligible to complete the classroom portion of driver education at home with an approved curriculum. Students enrolled in online schools, e-learning programs, charter schools, or homebound students do not qualify as homeschool students and are not eligible to take the classroom portion at home.
To learn more about homeschool drivers' education requirements, you can visit the Driver education home school materials | Minnesota Department of Public Safety.
Postsecondary Enrollment Options (PSEO)
HOME SCHOOL LEGAL DEFENSE ASSOCIATION (HSLDA)
What is HOME SCHOOL LEGAL DEFENSE ASSOCIATION (HSLDA)?
HSLDA is a nonprofit advocacy organization established to protect family freedoms and defend the constitutional right of parents to direct their children’s education. Through annual memberships, HSLDA is tens of thousands of families united in service together, providing a strong voice whenever needed and working together to preserve each other's right to homeschool ... together.
What does HSLDA do?
HSLDA advocates on the legal front on behalf of our members in matters which include conflicts with state or local officials over homeschooling. Each year, thousands of member families receive legal consultation by letter and phone, hundreds more are represented through negotiations with local officials, and dozens are represented in court proceedings. HSLDA also takes the offensive, filing actions to protect members against government intrusion and to establish legal precedents. On occasion, HSLDA will handle precedent-setting cases for nonmembers, as well.
HSLDA advocates on Capitol Hill by tracking federal legislation that affects homeschooling and parental rights. HSLDA works to defeat or amend harmful bills but also works proactively, introducing legislation to protect and preserve family freedoms.
HSLDA advocates in state legislatures, at the invitation of state homeschool organizations, by assisting individual states in drafting language to improve their homeschool legal environment and to fight harmful legislation.
HSLDA advocates for homeschooling in the media. HSLDA staff members are regularly called upon for radio, television, and print interviews, and their writings are frequently published in newspapers and magazines nationwide. HSLDA’s bimonthly magazine, The Homeschool Court Report provides news and commentary on a host of current issues affecting homeschoolers.
HSLDA advocates for the movement by commissioning and presenting quality research on the progress of homeschooling. Whether it’s in print, from the podium, or on the air, HSLDA provides insightful vision and leadership for the cause of homeschooling.
What is HSLDA’s relationship with MÂCHÉ?
HSLDA provides us the opportunity to offer HSLDA membership at a discount to our member families. Additionally, they work closely with MÂCHÉ to monitor legislation that may impact homeschooling.
MÂCHÉ encourages all homeschool families to become members of HSLDA. With both MÂCHÉ and HSLDA working together on their behalf, Minnesota homeschoolers will have a healthier home education environment. For more information about HSLDA, visit www.hslda.org.
Meet Amy Buchmeyer, Esq.
Amy Buchmeyer, Esq. serves as Minnesota’s HSLDA attorney representative.
A Wisconsin native, Amy was homeschooled K–12 along with her four younger siblings. She developed a passion for politics while involved in Generation Joshua in high school and eventually double majored in politics & government and criminal justice at Bryan College in Dayton, Tennessee.
Upon graduation, Amy returned to Wisconsin where she worked as a field director for Americans for Prosperity. She later received her JD from the University of Wisconsin Law School, where she served as president of the Federalist Society and articles editor of the Wisconsin Law Review.
Now, at HSLDA, Amy serves as the contact attorney for 11 states.
Amy loves to travel. She has lived in Wisconsin and Tennessee, Idaho, Colorado, England, Thailand, and now Virginia. When not at work, you can usually find her buried in a book (she averages over 200 a year), traveling, or failing to kill her 9 jade plants.
MÂCHÉ Legislative Watch
- Stay informed: Subscribe to our e-newsletter for legislative updates and alert notifications.
- Take action: Respond to MÂCHÉ alerts by emailing and calling your legislators. Find out who represents you here.
- Stay engaged: Find out more about the legislature and keep current on the bills that we are tracking on the MÂCHÉ Legislative Watch page.
- Share information: Email our Director of Legislative Affairs, at legislative@mache.org with any relevant legislative insights.
Thank you for partnering with us to protect the rights of homeschoolers in Minnesota!
Where to locate legislator contact information:
- Find out who represents you by using this map
- Directory for all House Members
- Directory for all Senators
- Legislative Calendar
- Bill Center
- House and Senate Television Webcast and Mobile Streaming schedules
During the legislative session, MÂCHÉ provides regular legislative updates. To receive this communication, subscribe to our e-newsletter here on our Membership page.
If you have information on pending legislation that might affect homeschooling, please email the MÂCHÉ Legislative Affairs Director at [email protected]
It is important that all homeschoolers know about legislation that poses a threat to our homeschool liberty. Get involved and share this information with others!
MÂCHÉ BILL TRACKER
The MÂCHÉ bill tracker offers a brief description of each bill that we are following and summarizes its progress as it moves through the Minnesota Legislature. Check in regularly to follow introduced bills and related committee level and floor action.
During the legislative session, MÂCHÉ provides regular legislative updates and news related to homeschooling in Minnesota. To receive this communication, subscribe to our e-newsletter here on our Membership page.
If you have information on pending legislation that might affect homeschooling, please email the MÂCHÉ Legislative Liaison at [email protected].
HELPFUL LINKS
- Visiting the Minnesota State Capitol
- Minnesota State Legislature
- US House of Representatives
- US Senate
- District Finder
- Minnesota Family Legislation
- National Homeschool Research