Minnesota Nonpublic School Classification for Homeschoolers: §120A.22 and §120A.24 Explained

Minnesota doesn't have a standalone "homeschool law." Instead, homeschooling is authorized under the state's compulsory instruction statute as a form of nonpublic school operation. Understanding that classification — and the two statutes that govern it — resolves most of the confusion about what districts can and cannot ask of homeschool families.

How Minnesota Classifies Homeschoolers

Under Minnesota law, a home-based educator operates what the statutes call "other forms of instruction" — a category that sits alongside traditional nonpublic schools (parochial schools, private academies) within the compulsory instruction framework. Minnesota Statutes §120A.22 is the controlling statute.

This classification was formally established in 1987 through H.F. 432, which legalized homeschooling statewide. Before that, homeschooling families operated in a legal gray area, sometimes prosecuted under truancy statutes. The 1987 legislation resolved that ambiguity by placing home-based instruction within the nonpublic school framework.

What this means practically: a homeschooling family is not a private school in the formal sense (no licensing, no accreditation required), but they operate under a similar legal framework — they provide instruction outside the public school system and must meet statutory requirements to do so.

Minnesota Statute §120A.22: The Compulsory Instruction Statute

§120A.22 is the foundation. It establishes:

Who is subject to compulsory instruction: Children ages 7 through 17. Parents and guardians are responsible for ensuring their child receives instruction during this window.

What forms of instruction satisfy the requirement:

• Public school enrollment
• Nonpublic school enrollment
• "Other forms of instruction" — the category that includes home-based instruction

What home-based instruction must provide (Subdivision 9): The 10 required subjects: reading, writing, literature, fine arts, mathematics, science, social studies (history and geography), health, physical education, and government (including US and Minnesota constitutions).

Instructor qualification requirements (Subdivision 10): Home-based instructors must meet one of four pathways:

1. Hold a valid Minnesota teaching license
2. Teach under the supervision of a licensed teacher with at least annual contact
3. Provide instruction primarily through an accredited distance learning curriculum
4. Hold a bachelor's degree or higher — or, if they do not, teach under the quarterly supervision of someone who does

Testing requirement (referenced within §120A.22 and elaborated elsewhere): Annual standardized testing is required for students ages 7–17. The 30th percentile is the statutory threshold; scoring below it can prompt an evaluation, but doesn't automatically result in enforcement action.

Data privacy: Minnesota Statute §13.32, Subdivision 4a explicitly makes homeschool data private. Information submitted in your annual notification — names of children, instructor qualifications, curriculum statements — is not a public record. Districts cannot share this information as they would public school enrollment data.

Minnesota Statute §120A.24: The Reporting Requirement

§120A.24 is the procedural companion to §120A.22. It specifies how families notify the district of their homeschool operation:

Initial notification: When a child subject to compulsory instruction (ages 7–17) begins home-based instruction, the parent must notify the local superintendent. If the child is being withdrawn from a district school, this notification must occur within 15 days of withdrawal.

Annual notification: Each year by October 1, families must notify the superintendent that they are continuing home-based instruction. This annual filing — variously called a Letter of Intent, Annual Report, or Statement of Assurance depending on which district you're in — must confirm:

• Names and ages of children being instructed
• That instruction will cover the 10 required subjects
• The instructor's name and qualification pathway
• Immunization status or exemption documentation

What §120A.24 does not require: The statute does not authorize districts to collect curriculum materials, lesson plans, daily schedules, textbook lists, or signed agreements. If a district's form asks for these, you are looking at a district-created form that exceeds statutory authority — not a statutory requirement.

The Notification vs. Permission Distinction

One of the most important things §120A.24 establishes is that Minnesota operates on a notification model, not a permission model. You file a notification. You do not apply for approval. You do not wait for district sign-off before beginning to homeschool.

This distinction is significant because some districts send acknowledgment letters that look like approvals, and some districts send no response at all. Neither changes your legal status. A family that has filed its notification pursuant to §120A.24 is in compliance with Minnesota law regardless of whether the district responds.

If a district denies your notification or claims you must receive "approval" before homeschooling, they are mischaracterizing the statute. §120A.24 imposes notification duties on the parent; it does not give districts discretionary authority to permit or deny home-based instruction.

What Nonpublic School Status Means for Oversight

Being classified under the nonpublic school framework means homeschoolers share certain characteristics with private schools: they operate outside direct district control, they aren't required to follow district curriculum, and their instructors aren't subject to district employment rules.

It also means the district's oversight authority is limited to what the statute specifically authorizes. Districts can:

• Receive and acknowledge your annual notification
• Require standardized test scores
• Initiate an evaluation process if testing results fall below the 30th percentile

Districts cannot:

• Require curriculum approval
• Conduct home visits without your consent
• Mandate specific instructional materials or methods
• Require more frequent reporting than §120A.24 specifies

The nonpublic school classification is protective in this sense — it establishes that home-based instruction has legal standing independent of district discretion.

When Families First Encounter These Statutes

The most common moment families look up §120A.22 and §120A.24 is when they're withdrawing a child from a public school and want to understand exactly what the district has authority to ask for. The answer is narrower than most districts imply.

Your obligation is to file a timely notification that includes the five statutory elements. Everything beyond that — forms designed by the district, requests for curriculum information, demands for meeting attendance — is outside what the statute authorizes.

Understanding the statutory framework before your first interaction with the district puts you in a much better position. The Minnesota Legal Withdrawal Blueprint walks through the withdrawal process step by step, includes a customizable Initial Registration letter mapped to §120A.24's requirements, and explains exactly how to respond if a district exceeds its statutory authority.

A Quick Reference: §120A.22 vs. §120A.24

These three statutes together define the full legal framework for Minnesota home-based instruction. Knowing which statute governs which question makes it far easier to respond accurately when a district makes a request — or when you need to push back on one.

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