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 plain-language items are: reading, writing, literature, fine arts, mathematics, science, social studies (including history, geography, economics, and citizenship), government, health, and physical education.

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

1. Hold a valid Minnesota teaching license in the field and for the grade level taught
2. Teach under the direct supervision of a person holding a valid Minnesota teaching license
3. Provide instruction in a school accredited by an agency recognized under Minn. Stat. §123B.445
4. Hold a baccalaureate degree, in any field
5. Be the parent of a child assessed under Minn. Stat. §120A.22, Subd. 11

Testing requirement (referenced within §120A.22 and elaborated elsewhere): For a non-accredited homeschool, annual assessment is required for children ages 7–16, extending through age 17 when the Initial Report was filed after age 16. A total battery score at or below the 30th percentile, or performance one grade level below same-age performance, requires the parent to obtain an additional evaluation for learning problems; it does not end homeschooling.

Data privacy: Minnesota Statute §13.32, Subdivision 4a classifies identifying data collected from the child or parent required to report under §120A.24 as private data subject to the statute's disclosure rules. It is not public information, but privacy is not an absolute bar to every statutory disclosure.

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: The deadline depends on the circumstance. The first report is due by October 1 of the first school year the child receives instruction after reaching age seven. For a child age 7 or older withdrawn from a public school to receive instruction in an unaccredited nonpublic school, it is due within 15 days of withdrawal. Moving between resident districts can trigger a 15-day or October 1 deadline under §120A.24.

Annual notification: For children covered by the reporting rule, each year by October 1, families must submit a continuing Letter of Intent to the superintendent and report changes. A superintendent may collect the required information electronically, but may not require electronic submission.

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 the required Initial Report or continuing Letter of Intent
• Agree with the person in charge of instruction on the examination, administration, and location for the annual assessment
• Require the parent to obtain an additional evaluation when the statutory testing trigger is met

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 report with the required data: the child's name, birth date, and address; the intended annual test if required; each instructor's name and evidence of one instructor qualification; and immunization records under Minn. Stat. §121A.15 or a notarized conscientious exemption. Everything beyond that — forms designed by the district, requests for curriculum information, demands for meeting attendance — is outside what the statute authorizes, except for the statutory meeting and written election for a 17-year-old withdrawal.

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 Report 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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