Back-to-School Toolkit
Parental Rights Topics: Prekindergarten through Grade 12
The topics below are codified into law in a number of different state statutes. The topics include many, but not all, of the state laws governing parental rights related to topics in prekindergarten through grade 12 education. We have also included links to information on our website that relate to each topic.
Compulsory Instruction.
- rights related to compulsory instruction, including the right to withdraw a child from school when the child is 17 and with the child’s consent; to receive notice related to transfer of disciplinary records; to excuse a child from school for illnesses, appointments, or religious events as long as school board criteria are met; and the right of noncustodial parents to access school records and conferences, among other rights, are governed by section 120A.22.
- MDE Compulsory Instruction FAQ
- MDE Compulsory Instruction Reporting page
Longitudinal data.
Minnesota Statutes, section 120B.31
The parental right to annual summary longitudinal performance and progress data is governed by section 120B.31.
Anti-bullying.
Minnesota Statutes, section 121A.031
Parental rights related to school district anti-bullying policies, including the right to be involved in developing the policies, the right to be notified of incidents of prohibited conduct, and the right to be informed of data practices laws, are governed by section 121A.031.
Student discipline policies.
Minnesota Statutes, section 121A.0311
The parental and student right to notice in student discipline policies of rights under the Safe and Supportive Minnesota Schools Act is governed by section 121A.0311.
Early childhood development screening.
Minnesota Statutes, section 121A.18
Parental rights to certain notice requirements related to early childhood development screening and to receive results of early childhood development screening are governed by section 121A.17. The parental right to provide consent before individual screening data may be disclosed to a school district is governed by section 121A.18.
Pesticides.
Minnesota Statutes, section 121A.30
The parental right to be notified regarding the use of pesticides at a school is governed by the Janet B. Johnson Parents' Right-to-Know Act under section 121A.30.
Student dismissal.
Minnesota Statutes, section 121A.45
The parental right to notice and a meeting regarding the removal of a student for more than 10 cumulative school days is governed by section 121A.45. With the permission of the parent, the school district shall arrange for a mental health screening of the student. The purpose of the meeting is to attempt to determine the student’s need for assessment or other services or whether the parent should have the student diagnoses to determine whether the student needs treatment for a mental disorder.
Exclusion and expulsion.
Minnesota Statutes, section 121A.47
The parental and student right to be included in exclusion or expulsion hearing procedures, including access to records, ability to testify and present evidence, and inclusion in the student's readmission plan, is governed by section 121A.47.
Expulsion and exclusion appeal.
Minnesota Statutes, section 121A.49
The parental and student right to notice of the right to appeal an exclusion or expulsion decision is governed by section 121A.49 of the Pupil Fair Dismissal Act (PFDA). An appeal must be made to the Minnesota Department of Education within 21 calendar days of school board action. A school district is required to provide both the parent and the student with a notice of expulsion or exclusion hearing, and this notice must include among other things, a copy of the PFDA.
Reinstatement after termination of dismissal.
Minnesota Statutes, section 121A.54
The parental and student right to notice of a student's right to be reinstated after the termination of dismissal is governed by section 121A.54. Specifically, whenever a student fails to return to school within 10 school days of the termination of a dismissal, a school administrator shall inform the student and the student’s parents by mail of the student’s right to attend and to be reinstated in the school.
Inter-district cooperation.
Minnesota Statutes, section 123A.32
The parental right to notice of an informational school board meeting relating to discontinuing inter-district cooperation is governed by section 123A.32.
Background checks.
Minnesota Statutes, section 123B.03
The parental right to notice of a school's background check policy for hiring teachers is governed by section 123B.03.
Textbook fees.
Minnesota Statutes, section 123B.37
The parental right to notice of a school board's policy to charge fees for textbooks lost or destroyed by students is governed by section 123B.37.
Transportation privileges.
Minnesota Statutes, section 123B.88
The parental right to surrender a student's privilege to receive transportation services from a school district is governed by section 123B.88.
Nonresident district policies.
Minnesota Statutes, section 124D.03
The parental right to receive notice of: a decision on an application by a student to attend school in a nonresident district; the transportation policies of the nonresident district; and the right to be reimbursed for costs of transportation to the nonresident district's border are governed by section 124D.03.
Out-of-state districts.
Minnesota Statutes, section 124D.04
Under section 124D.04, the parental rights related to a student attending a nonresident district under section 124D.03 apply to a student attending an out-of-state district.
Free or reduced-price lunch eligibility.
Minnesota Statutes, section 124D.1115
The parental right to opt a child out of disclosing a child's eligibility for free or reduced-price lunch to the Department of Education and the Department of Human Services is governed by section 124D.1115.
Learning year programs.
Minnesota Statutes, section 124D.128
The parental right to notice of optional learning year programs is governed by section 124D.128.
English learners programs.
Minnesota Statutes, section 124D.60
Parental rights related to student enrollment in programs for English learners, including notice, withdrawal, and parental involvement, are governed by section 124D.60.
Charter school transportation.
Minnesota Statutes, section 123B.88
The parental right to receive pupil transportation information from the charter school or school district providing transportation services to a charter school student is governed by section 123B.88.
Services for children with disabilities.
Minnesota Statutes, section 125A.027
The parental right to be included in determining the appropriate and necessary services for students with disabilities is governed by section 125A.027.
Special education alternative dispute resolution.
Minnesota Statutes, section 125A.091
Parental rights regarding notice, participation, and due process related to special education alternative dispute resolution procedures are governed by section 125A.091.
Third-party reimbursement for children with disabilities.
Minnesota Statutes, section 125A.21
The parental right to notice of a school district seeking reimbursement from medical assistance or MinnesotaCare for services rendered to a student with a disability is governed by section 125A.21.
Services provided to children with disabilities (Part C).
Minnesota Statutes, section 125A.42 and section 125A.48
Parental rights related to services provided to students eligible for Part C services under the Individuals with Disabilities Education Act and the right to receive written materials regarding the implementation of Part C services are governed by sections 125A.42 and 125A.48.
Mediation and Facilitated Team Meetings
Minnesota Statutes, section 125A.091
Mediation and facilitated team meetings are available to help parents and district resolve issues regarding the identification, evaluation, or placement of the child, or the provision of appropriate special education or early intervention services to the child.
MDE Facilitated Team Meetings page
Minnesota State Academies discharge.
Minnesota Statutes, section 125A.68
The parental right to notice of a student's discharge from the Minnesota State Academies is governed by section 125A.68.
Education records for military children.
Minnesota Statutes, section 127A.85
The parental right to education records under the Interstate Compact on Educational Opportunity for Military Children is governed by section 127A.85.
Appeal adverse school board decision.
Minnesota Statutes, section 129C.10
The parental right to appeal a school board decision adversely affecting an academic program of an enrolled student is governed by section 129C.10, subdivision 3B.
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