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School board authority in Minnesota

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Minnesota state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Minnesota law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • Minnesota is one of 10 states that do not give local school boards any authority over whether charter schools are issued in their district.
  • A state law was passed in 2024, requiring school boards to adopt a policy on students' possession and use of cell phones in school.[1] Minnesota is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.
  • A law enacted in 2024 prohibits public libraries, including school district libraries and media centers, from banning or restricting access to books in public schools and libraries based only on the messages, ideas, or opinions they convey.

  • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in Minnesota

    Enabling or authorizing statute for the boards of school districts in Minnesota

    See also: Enabling statute

    Minnesota Statute Section 123B.09 Subdivision 1 creates school district boards and gives them authority to operate according to state law:[2]

    Subdivision 1.School board membership. The care, management, and control of independent districts is vested in a board of directors, to be known as the school board. The term of office of a member shall be four years commencing on the first Monday in January and until a successor qualifies. The membership of the board shall consist of six elected directors together with such ex officio member as may be provided by law. The board may submit to the electors at any school election the question whether the board shall consist of seven members. If a majority of those voting on the proposition favor a seven-member board, a seventh member shall be elected at the next election of directors for a four-year term and thereafter the board shall consist of seven members.

    Those districts with a seven-member board may submit to the electors at any school election at least 150 days before the next election of three members of the board the question whether the board shall consist of six members. If a majority of those voting on the proposition favor a six-member board instead of a seven-member board, three members instead of four members shall be elected at the next election of the board of directors and thereafter the board shall consist of six members.

    §Subd. 1a.Sex offender school board ineligibility. A sex offender who has been convicted of an offense for which registration under section 243.166 is required is ineligible to become a candidate for the office of school board member, as defined in subdivision 1. Ineligibility is determined by the registration requirements in effect at the time the offender files for office, not by the registration requirements, if any, that were in effect at the time the offender was convicted.[3]

    Minnesota school boards' powers and duties

    Minnesota public school boards of directors are given broad authority and at least 35 specific responsibilities, powers, and discretionary duties to administer the public schools in the Minnesota.

    In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, some specific duties include:

    • providing new board members with finance and management training,
    • appointing new member when a board vacancy occurs,
    • publishing official proceedings, and
    • choosing textbooks and courses of study.

    The list of powers and duties school district boards are charged with appears in Minnesota Statutes Sections 123B.09 and 123B.02:[4][2]

    123B.09 BOARDS OF INDEPENDENT SCHOOL DISTRICTS.

    Subdivision 1.School board membership. The care, management, and control of independent districts is vested in a board of directors, to be known as the school board. The term of office of a member shall be four years commencing on the first Monday in January and until a successor qualifies. The membership of the board shall consist of six elected directors together with such ex officio member as may be provided by law. The board may submit to the electors at any school election the question whether the board shall consist of seven members. If a majority of those voting on the proposition favor a seven-member board, a seventh member shall be elected at the next election of directors for a four-year term and thereafter the board shall consist of seven members.

    Those districts with a seven-member board may submit to the electors at any school election at least 150 days before the next election of three members of the board the question whether the board shall consist of six members. If a majority of those voting on the proposition favor a six-member board instead of a seven-member board, three members instead of four members shall be elected at the next election of the board of directors and thereafter the board shall consist of six members.

    Subd. 1a.Sex offender school board ineligibility. A sex offender who has been convicted of an offense for which registration under section 243.166 is required is ineligible to become a candidate for the office of school board member, as defined in subdivision 1. Ineligibility is determined by the registration requirements in effect at the time the offender files for office, not by the registration requirements, if any, that were in effect at the time the offender was convicted.

    Subd. 2.School board member training. A member shall receive training in school finance and management developed in consultation with the Minnesota School Boards Association and consistent with section 127A.19. The School Boards Association must make available to each newly elected school board member training in school finance and management consistent with section 127A.19 within 180 days of that member taking office. The program shall be developed in consultation with the department and appropriate representatives of higher education.

    Subd. 3.Causes for school board member vacancy. A vacancy in any board occurs when a member (a) dies, (b) resigns, (c) ceases to be a resident of the district, or (d) is unable to serve on such board and attend its meetings for not less than 90 days because of illness or prolonged absence from the district.

    Subd. 4.Ill or absent member. A vacancy caused by a member being unable to serve on such board and attend its meetings for not less than 90 days because of illness or prolonged absence from the district, may, after the board has by resolution declared such vacancy to exist, be filled by the board at any regular or special meeting thereof for the remainder of the unexpired term, or until such ill or absent member is again able to resume duties as a member of such board, whichever date is earliest. When the ill or absent member is able to resume duties as a member of the board, the board must by resolution so determine and declare such person to be again a member of the board, and the member appointed by the board to be no longer a member thereof.

    Subd. 5. [Repealed, 2015 c 70 art 1 s 63]

    Subd. 5a. [Repealed, 2016 c 161 art 2 s 2]

    Subd. 5b.Appointments to fill vacancies; special elections. (a) Any vacancy on the board, other than a vacancy described in subdivision 4, must be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a resolution entered in the minutes and shall be effective 30 days following adoption of the resolution, subject to paragraph (d). If the appointment becomes effective, it shall continue for the remainder of the unexpired term or until an election is held under this subdivision, as applicable. All elections to fill vacancies shall be for the unexpired term. A special election to fill the vacancy must be held no later than the first Tuesday after the first Monday in November following the vacancy. If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the year in which the vacancy occurs, the special election must be held no later than the first Tuesday after the first Monday in November of the following calendar year.

    (b) Notwithstanding paragraph (a), if the vacancy occurs less than two years prior to the expiration of the term, no special election is required and the appointee of the board shall serve for the remainder of the unexpired term, subject to paragraph (d).

    (c) Notwithstanding paragraph (a), if the vacancy occurs less than 90 days prior to the expiration of the term, the board may, but is not required to, fill the vacancy by board appointment at a regular or special meeting.

    (d) Notwithstanding paragraphs (a) and (b), if the vacancy occurs because a school board member was removed pursuant to section 123B.09, subdivision 9, a special election must be held to fill the vacancy as soon as possible on a uniform election date. This paragraph does not apply if the vacancy occurs after candidate filing begins under section 205A.06 in the year preceding the end of the term.

    (e) An appointment made under paragraph (a) shall not be effective if a petition to reject the appointee is filed with the school district clerk. To be valid, a petition to reject an appointee must be signed by a number of eligible voters residing in the district equal to at least five percent of the total number of voters voting in the district at the most recent state general election, and must be filed within 30 days of the board's adoption of the resolution making the appointment. If a valid petition is filed according to the requirements of this paragraph, the appointment by the school board is ineffective and the board must name a new appointee as provided in paragraph (a).

    Subd. 6.Meetings. A majority of the voting members of the board shall constitute a quorum. No contract shall be made or authorized, except at a regular meeting of the board or at a special meeting at which all members are present or of which all members have had notice. Special meetings may be called by the chair or clerk or any three members upon notice mailed to each member at least three days prior thereto.

    Subd. 7.Policy making. The board shall make, and when deemed advisable, change or repeal rules relating to the organization and management of the board and the duties of its officers.

    Subd. 8.Duties. The board must superintend and manage the schools of the district; adopt rules for their organization, government, and instruction; keep registers; and prescribe textbooks and courses of study. The board may enter into an agreement with a postsecondary institution for secondary or postsecondary nonsectarian courses to be taught at a secondary school, nonsectarian postsecondary institution, or another location.

    Subd. 9.Removing board members. The board may remove, for proper cause, any member or officer of the board and fill the vacancy; but such removal must be by a concurrent vote of at least four members, at a meeting of whose time, place, and object the charged member has been duly notified, with the reasons for such proposed removal and after an opportunity to be heard in defense against the removal.

    Subd. 10.Publishing proceedings. The board must cause its official proceedings to be published once in the official newspaper of the district. Such publication shall be made within 30 days of the meeting at which such proceedings occurred. If the board determines that publication of a summary of the proceedings would adequately inform the public of the substance of the proceedings, the board may direct that only a summary be published, conforming to the requirements of section 331A.01, subdivision 10.

    Subd. 11.Mailing summary of proceedings. If a board of a district that has no newspaper with its known office of issue or a secondary office located within the boundaries of the district and no newspaper that is distributed to more than one-third of the residences in the district determines that mailing a summary of its proceedings would be more economical than publication of the proceedings and that it would adequately inform the public, it may mail a summary of its proceedings to each residence in the district that can be identified as a homestead from the property tax records and to each other residence in the district that the board can identify. The county must make the property tax records available to the board for this purpose. The board must keep a copy of the summary of the proceedings as part of its records. The decision of a board to mail summaries, rather than publish the proceedings under this subdivision shall be presumed valid, subject to challenge by a court action.

    Subd. 12.Board to fix compensation. The clerk, treasurer, and superintendent of any district shall receive such compensation as may be fixed by the board. Unless otherwise provided by law, the other members of the board shall also receive such compensation as may be fixed by the board. All members of the board may receive reimbursement for transportation at the rate provided for in section 471.665. No board member or school district employee shall receive any compensation or benefits based on incentives or other money provided to the school district by or from a source of group insurance coverage referenced in section 471.6161, subdivision 1, except for a refund provided under section 123B.75, subdivision 10, or a wellness plan that is mutually agreed upon by the district and the exclusive representatives of employees.

    123B.02 GENERAL POWERS OF INDEPENDENT SCHOOL DISTRICTS.

    Subdivision 1.Board authority. The board must have the general charge of the business of the district, the school houses, and of the interests of the schools thereof. The board's authority to govern, manage, and control the district; to carry out its duties and responsibilities; and to conduct the business of the district includes implied powers in addition to any specific powers granted by the legislature.

    Subd. 2.Facilities for school-age children. It is the duty and the function of the district to furnish school facilities to every child of school age residing in any part of the district. The board may establish and organize and alter and discontinue such grades or schools as it may deem advisable and assign to each school and grade a proper number of pupils. The board shall provide free textbooks for the pupils of the district.

    Subd. 3.Limitation on participation and financial support. (a) A district must not be required by any type of formal or informal agreement except an agreement to provide building space according to paragraph (f), including a joint powers agreement, or membership in any cooperative unit defined in section 123A.24, subdivision 2, to participate in or provide financial support for the purposes of the agreement for a time period in excess of four fiscal years, or the time period set forth in this subdivision. Any agreement, part of an agreement, or other type of requirement to the contrary is void. This paragraph applies only to agreements entered into between July 1, 1993, and June 30, 1999.

    (b) This subdivision shall not affect the continued liability of a district for its share of bonded indebtedness or other debt incurred as a result of any agreement before July 1, 1993. The district is liable only until the obligation or debt is discharged and only according to the payment schedule in effect on July 1, 1993, except that the payment schedule may be altered for the purpose of restructuring debt or refunding bonds outstanding on July 1, 1993, if the annual payments of the district are not increased and if the total obligation of the school district for its share of outstanding bonds or other debt is not increased.

    (c) To cease participating in or providing financial support for any of the services or activities relating to the agreement or to terminate participation in the agreement, the board must adopt a resolution and notify other parties to the agreement of its decision on or before February 1 of any year. The cessation or withdrawal shall be effective June 30 of the same year except that for a member of an education district organized under sections 123A.15 to 123A.19 or an intermediate district organized under chapter 136D, cessation or withdrawal shall be effective June 30 of the following fiscal year. At the option of the board, cessation or withdrawal may be effective June 30 of the following fiscal year for a district participating in any type of agreement.

    (d) Before issuing bonds or incurring other debt, the governing body responsible for implementing the agreement must adopt a resolution proposing to issue bonds or incur other debt and the proposed financial effect of the bonds or other debt upon each participating district. The resolution must be adopted within a time sufficient to allow the board to adopt a resolution within the time permitted by this paragraph and to comply with the statutory deadlines set forth in sections 122A.40, 122A.41, and 123A.33. The governing body responsible for implementing the agreement shall notify each participating board of the contents of the resolution. Within 120 days of receiving the resolution of the governing body, the school board of the participating district shall adopt a resolution stating:

    (1) its concurrence with issuing bonds or incurring other debt;

    (2) its intention to cease participating in or providing financial support for the service or activity related to the bonds or other debt; or

    (3) its intention to terminate participation in the agreement.

    A board adopting a resolution according to clause (1) is liable for its share of bonded indebtedness or other debt as proposed by the governing body implementing the agreement. A school board adopting a resolution according to clause (2) is not liable for the bonded indebtedness or other debt, as proposed by the governing body, related to the services or activities in which the district ceases participating or providing financial support. A board adopting a resolution according to clause (3) is not liable for the bonded indebtedness or other debt proposed by the governing body implementing the agreement.

    (e) After July 1, 1993, a district is liable according to paragraph (d) for its share of bonded indebtedness or other debt incurred by the governing body implementing the agreement to the extent that the bonds or other debt are directly related to the services or activities in which the district participates or for which the district provides financial support. The district has continued liability only until the obligation or debt is discharged and only according to the payment schedule in effect at the time the governing body implementing the agreement provides notice to the school board, except that the payment schedule may be altered for the purpose of refunding the outstanding bonds or restructuring other debt if the annual payments of the district are not increased and if the total obligation of the district for the outstanding bonds or other debt is not increased.

    (f) A district that is a member of a cooperative unit as defined in section 123A.24, subdivision 2, may obligate itself to participate in and provide financial support for an agreement with a cooperative unit to provide school building space for a term not to exceed two years with an option on the part of the district to renew for an additional two years.

    (g) Notwithstanding any limitations imposed under this subdivision, a school district may, according to section 123B.51, subdivision 4, enter into a lease of all or a portion of a schoolhouse that is not needed for school purposes, including, but not limited to, a lease with a term of more than one year.

    Subd. 4.Jointly owned facilities. Notwithstanding subdivision 3, if a school district and a city jointly own a building or site, the district and the city may enter into an agreement that extends beyond the end of the fiscal year to pay operating costs for that building or site.

    Subd. 5.Removal of unauthorized vehicles. The board may authorize a representative to move unauthorized vehicles parked on school district property, or require the driver or other person in charge of the vehicle to move the same off school district property. When such representative finds such a vehicle unattended upon district premises, such representative is hereby authorized to provide for the removal of such vehicle and remove the same to the nearest convenient garage or other place of safety off of district property. Such vehicle shall be moved at the expense of the owner or operator.

    Subd. 5a.Trespasses on school property. Trespasses on school property shall be governed according to section 609.605, subdivision 4.

    Subd. 6.Bequests; donations; gifts. The board may receive, for the benefit of the district, bequests, donations, or gifts for any proper purpose and apply the same to the purpose designated. In that behalf, the board may act as trustee of any trust created for the benefit of the district, or for the benefit of pupils thereof, including trusts created to provide pupils of the district with advanced education after completion of high school, in the advancement of education.

    Subd. 7.Voter authorization of bonds. The voters of a district may authorize the issuance of bonds of the district in accordance with the provisions of chapter 475.

    Subd. 8.Levy. The board must provide by levy of tax necessary funds for the conduct of schools, the payment of indebtedness, and all proper expenses of the district.

    Subd. 9.Library facilities. The board may provide library facilities as part of its school equipment according to the standards of the commissioner of education.

    Subd. 10.Summer school classes. The board may establish and maintain summer school programs and intersession classes of flexible school year programs.

    Subd. 11.Services for Indian students. School districts may enter into agreements with Indian tribal governments for purposes of providing educational services for students. Such agreements may allow for the use of any resources available to either party and must give students the option to enroll in the district at their election.

    Subd. 12. [Renumbered 120A.22, subd 1a]

    Subd. 13.School lunches. The board may furnish school lunches for pupils and teachers on such terms as it determines.

    Subd. 14.Employees; contracts for services. The board may employ and discharge necessary employees and may contract for other services.

    Subd. 14a.Employee recognition. A school board may establish and operate an employee recognition program for district employees, including teachers, and may expend funds as necessary to achieve the objectives of the program. The employee recognition program shall not include monetary awards.

    Subd. 15.Annuity contract; payroll allocation. (a) At the request of an employee and as part of the employee's compensation arrangement, the board may purchase an individual annuity contract for an employee for retirement or other purposes and may make payroll allocations in accordance with such arrangement for the purpose of paying the entire premium due and to become due under such contract. The allocation must be made in a manner which will qualify the annuity premiums, or a portion thereof, for the benefit afforded under section 403(b) of the current Federal Internal Revenue Code or any equivalent provision of subsequent federal income tax law. The employee shall own such contract and the employee's rights under the contract shall be nonforfeitable except for failure to pay premiums. Section 122A.40 shall not be applicable hereto and the board shall have no liability thereunder because of its purchase of any individual annuity contracts. This statute shall be applied in a nondiscriminatory manner to employees of the school district. The identity and number of the available vendors under federal Internal Revenue Code section 403(b) is a term and condition of employment under section 179A.03.

    (b) When considering vendors under paragraph (a), the school district and the exclusive representative of the employees shall consider all of the following:

    (1) the vendor's ability to comply with all employer requirements imposed by section 403(b) of the Internal Revenue Code of 1986 and its subsequent amendments, other provisions of the Internal Revenue Code of 1986 that apply to section 403(b) of the Internal Revenue Code, and any regulation adopted in relation to these laws;

    (2) the vendor's experience in providing 403(b) plans;

    (3) the vendor's potential effectiveness in providing client services attendant to its plan and in relation to cost;

    (4) the nature and extent of rights and benefits offered under the vendor's plan;

    (5) the suitability of the rights and benefits offered under the vendor's plan;

    (6) the vendor's ability to provide the rights and benefits offered under its plan; and

    (7) the vendor's financial stability.

    Subd. 16.Medical insurance premiums for retired. The board of any independent school district may expend funds to pay premiums on hospitalization and major medical insurance coverage for officers and employees who retire prior to age 65.

    Subd. 17.Payment of just claims. The board must provide for the payment of all just claims against the district in cases provided by law.

    Subd. 18.Payment of claims. When payment of a claim cannot be deferred until the next board meeting without loss to the district of a discount privilege, or when payment of a claim cannot be deferred until the next board meeting because of contract terms, purchase order terms, or a vendor's standard terms which are part of the contract, the claim may be paid prior to board approval, providing that the board:

    (1) has delegated authority to the clerk or a designated business administrator to make a payment prior to board approval; and

    (2) requires that payment made prior to board approval be acted upon at the next board meeting.

    Payment prior to board approval must not affect the right of the district or a taxpayer to challenge the validity of a claim.

    Subd. 19.Prosecute and defend actions. In all proper cases, the board must prosecute and defend actions by or against the district.

    Subd. 20.Legal counsel; reimbursement. If reimbursement is requested by a district employee, the board may, after consulting with its legal counsel, reimburse the employee for any costs and reasonable attorney fees incurred by the person to defend criminal charges brought against the person arising out of the performance of duties for the district. A board member who is a witness or an alleged victim in the case may not vote on the reimbursement. If a quorum of the board is disqualified from voting on the reimbursement, the reimbursement must be approved by a judge of the district court.

    Subd. 21.Wind energy conversion system. The board, or more than one board acting jointly under the authority granted by section 471.59, may construct, acquire, own in whole or in part, operate, and sell and retain and spend the payment received from selling energy from a wind energy conversion system, as defined in section 216C.06, subdivision 19. An individual school board's share of the installed capacity of the wind energy conversion systems authorized by this subdivision must not exceed 3.3 megawatts of nameplate capacity, provided that if more than one board is acting jointly, each board may have a separate share of no more than 3.3 megawatts of nameplate capacity. A board owning, operating, or selling energy from a wind energy conversion system must integrate information about wind energy conversion systems in its educational programming. The board, or more than one board acting jointly under the authority granted by section 471.59, may be a limited partner in a partnership, a member of a limited liability company, or a shareholder in a corporation, established for the sole purpose of constructing, acquiring, owning in whole or in part, financing, or operating a wind energy conversion system for the benefit of the district or districts in accordance with this section. A board individually, or acting jointly, or an entity of which a board is a limited partner, member, or shareholder, may not sell, transmit, or distribute the electrical energy at retail or provide for end use of the electrical energy at an off-site facility of the board or entity. Nothing in this subdivision modifies the exclusive service territories or exclusive right to serve as provided in sections 216B.37 to 216B.43.

    Subd. 22.Reward. A school board, after formally adopting a policy consistent with this subdivision, may offer a reward to a person who provides accurate and reliable information leading to the conviction of a person who has committed or conspired to commit a crime against students or school employees, volunteers or board members as a result of their affiliation with the school district, or against school district property.

    Subd. 23.Credit cards. A board may authorize the use of a credit card by any officer or employee otherwise authorized to make a purchase on behalf of the district. If a district officer or employee makes or directs a purchase by credit card that is not approved by the school board, the officer or employee is personally liable for the amount of the purchase. A purchase by credit card must otherwise comply with all statutes, rules, or district policy applicable to school district purchases.

    Subd. 24.Membership in economic development, community, and civic organizations. The board may authorize and pay for the membership of the school district or of any district representative designated by the board in those local economic development associations or other community or civic organizations that the board deems appropriate.

    Subd. 25.School resource officers. A board that contracts for the services of a school resource officer must ensure the contract meets the requirements of section 626.8482. [3]

    Discretionary duties

    Some discretionary duties that Minnesota school boards are authorized, but not required, to exercise include:[2][5]

    • removing members from the board,
    • entering contracts with postsecondary institutions to teach courses in K-12 schools,
    • fixing compensation for the clerk, treasurer, and superintendent,
    • building wind energy conversion systems and selling the energy for profit,
    • determining the terms on which school lunch is provided for students and staff,
    • providing libraries, and
    • providing summer school classes.

    Constraints on Minnesota school boards' authority

    This section tracks constraints on school boards specific to Minnesota as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on Minnesota school boards' authority by topic

    This section features constraints on Minnesota school boards' authority on policies related to the following topics:

    Curriculum requirements

    Minnesota requires the following specific topics to be included in each district's curriculum:[6][7][8][9][10][11]

    • a phonemic reading curriculum,
    • America's founding documents,
    • the Bill of Rights,
    • the free-market economic system,
    • patriotism,
    • CPR and automatic external defibrillator instruction,
    • vaping prevention instruction,
    • ethnic studies,
    • the Holocaust,
    • the genocide of Indigenous Peoples, and
    • other genocides.

    Curriculum restrictions

    Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.

    Federal law and guidance

    Book bans, removals, and restrictions

    School boards in Minnesota are authorized to remove books from school libraries under certain circumstances. Minnesota Governor Tim Walz (D) signed SF3567 into law on May 17, 2024, which prohibits public libraries, including school district libraries and media centers, from banning or restricting access to books in public schools and libraries based only on the messages, ideas, or opinions they conveyed. The bill proposed creating allowances for removing books including what the bill called legitimate pedagogical concerns, practical reasons, and compliance with state or federal law, among other provisions. The bill also requires the governing bodies of a public library to establish procedures for “the selection of, challenges to, and reconsideration of [library] materials,” according to the text of the bill.[13]

    At least one Minnesota school board has limited access to a book in its school libraries. In October 2023, Alexandria Public Schools instated a requirement that students have parental approval before checking out "Sold" by Patricia McCormick, which is about a human trafficking victim.[14][15]

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[16][17][18]

    Federal guidance


    Parental notification

    Ballotpedia could not identify any parental notification requirements in Minnesota statutes, regulations, case law, or collective bargaining agreements.

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[20]

    Discipline

    See also: How does Minnesota compare to other states on school board authority over disciplinary policy?

    Minnesota is one of 47 states that gives school boards authority over district disciplinary policy.

    The text of Minnesota Statutes § 121A.61 is as follows:[21]

    Subdivision 1.Required policy. Each school board must adopt a written districtwide school discipline policy which includes written rules of conduct for students, minimum consequences for violations of the rules, and grounds and procedures for removal of a student from class. The policy must contain the discipline complaint procedure that any member of the school community may use to file a complaint regarding the application of discipline policies and seek corrective action. The policy must be developed in consultation with administrators, teachers, employees, pupils, parents, community members, law enforcement agencies, county attorney offices, social service agencies, and such other individuals or organizations as the board determines appropriate. A school site council may adopt additional provisions to the policy subject to the approval of the school board.

    Subd. 2.Grounds for removal from class. The policy must establish the various grounds for which a student may be removed from a class in the district for a period of time under the procedures specified in the policy. The policy must include a procedure for notifying and meeting with a student's parent or guardian to discuss the problem that is causing the student to be removed from class after the student has been removed from class more than ten times in one school year. The grounds in the policy must include at least the following provisions as well as other grounds determined appropriate by the board:

    (a) willful conduct that significantly disrupts the rights of others to an education, including conduct that interferes with a teacher's ability to teach or communicate effectively with students in a class or with the ability of other students to learn;

    (b) willful conduct that endangers surrounding persons, including school district employees, the student or other students, or the property of the school; and

    (c) willful violation of any rule of conduct specified in the discipline policy adopted by the board.

    Subd. 3.Policy components. The policy must include at least the following components:

    (a) rules governing student conduct and procedures for informing students of the rules;

    (b) the grounds for removal of a student from a class;

    (c) the authority of the classroom teacher to remove students from the classroom pursuant to procedures and rules established in the district's policy;

    (d) the procedures for removal of a student from a class by a teacher, school administrator, or other school district employee;

    (e) the period of time for which a student may be removed from a class, which may not exceed five class periods for a violation of a rule of conduct;

    (f) provisions relating to the responsibility for and custody of a student removed from a class;

    (g) the procedures for return of a student to the specified class from which the student has been removed;

    (h) the procedures for notifying a student and the student's parents or guardian of violations of the rules of conduct and of resulting disciplinary actions;

    (i) any procedures determined appropriate for encouraging early involvement of parents or guardians in attempts to improve a student's behavior;

    (j) any procedures determined appropriate for encouraging early detection of behavioral problems;

    (k) any procedures determined appropriate for referring a student in need of special education services to those services;

    (l) any procedures determined appropriate for ensuring victims of bullying who respond with behavior not allowed under the school's behavior policies have access to a remedial response, consistent with section 121A.031;

    (m) the procedures for consideration of whether there is a need for a further assessment or of whether there is a need for a review of the adequacy of a current individualized education program of a student with a disability who is removed from class;

    (n) procedures for detecting and addressing chemical abuse problems of a student while on the school premises;

    (o) the minimum consequences for violations of the code of conduct;

    (p) procedures for immediate and appropriate interventions tied to violations of the code;

    (q) a provision that states that a teacher, school employee, school bus driver, or other agent of a district may use reasonable force in compliance with section 121A.582 and other laws;

    (r) an agreement regarding procedures to coordinate crisis services to the extent funds are available with the county board responsible for implementing sections 245.487 to 245.4889 for students with a serious emotional disturbance or other students who have an individualized education program whose behavior may be addressed by crisis intervention;

    (s) a provision that states a student must be removed from class immediately if the student engages in assault or violent behavior. For purposes of this paragraph, "assault" has the meaning given it in section 609.02, subdivision 10. The removal shall be for a period of time deemed appropriate by the principal, in consultation with the teacher;

    (t) a prohibition on the use of exclusionary practices for early learners as defined in section 121A.425; and

    (u) a prohibition on the use of exclusionary practices to address attendance and truancy issues.

    Subd. 4.Discipline complaint procedure. The discipline policy must contain procedures for students, parents and other guardians, and school staff to file a complaint and seek corrective action when the requirements of sections 121A.40 to 121A.61, including the implementation of the local behavior and discipline policies, are not being implemented appropriately or are being discriminately applied. Each district and school policy implemented under this section must, at a minimum:

    (1) provide procedures for communicating this policy including the ability for a parent to appeal a decision under section 121A.49 that contains explicit instructions for filing the complaint;

    (2) provide an opportunity for involved parties to submit additional information related to the complaint;

    (3) provide a procedure to begin to investigate complaints within three school days of receipt, and identify personnel who will manage the investigation and any resulting record and are responsible for keeping and regulating access to any record;

    (4) provide procedures for issuing a written determination to the complainant that addresses each allegation and contains findings and conclusions;

    (5) if the investigation finds the requirements of sections 121A.40 to 121A.61, including any local policies that were not implemented appropriately, contain procedures that require a corrective action plan to correct a student's record and provide relevant staff with training, coaching, or other accountability practices to ensure appropriate compliance with policies in the future; and

    (6) prohibit reprisals or retaliation against any person who asserts, alleges, or reports a complaint, and provide procedures for applying appropriate consequences for a person who engages in reprisal or retaliation.

    Subd. 5.School supports.

    (a) A school board is strongly encouraged to adopt a policy that promotes the understanding in school staff that when a student is unable to meet adult expectations it is often because the student lacks the skills to respond to a situation appropriately. A school district must support school staff in using tiered interventions that teach students skills and prioritize relationships between students and teachers.

    (b) A school board is strongly encouraged to adopt a policy that discourages teachers and staff from reacting to unwanted student behavior with approaches that take away the student's opportunity to build skills for responding more appropriately. [3]

    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in Minnesota, How does Minnesota compare to other states on school board authority over election timing?

    Minnesota is one of five states in which school boards have authority to select the timing of school board elections from a limited list of options.

    Click here to read about the laws governing school board elections in Minnesota.

    Public school choice and open enrollment

    See also: School choice in Minnesota

    Ballotpedia could not identify any Minnesota statutes that pertain to intradistrict open enrollment. Interdistrict open enrollment is addressed by Minnesota Statutes section 124D.03. This section of statute creates a program that allows pupils to attend school outside of the district in which they live. Students can be denied enrollment in another district in certain circumstances. For example, a district can deny a student enrollment if they were expelled for a drug charge, possession of a weapon, or for committing an assault:[23]

    124D.03 ENROLLMENT OPTIONS PROGRAM. Subdivision 1.Establishment. (a) An enrollment options program is established to enable any pupil to attend a school or program in a district in which the pupil does not reside, subject to the limitations in this section.

    (b) A district may refuse to allow a pupil who is expelled under section 121A.45 to enroll during the term of the expulsion if the student was expelled for:

    (1) possessing a dangerous weapon, as defined by United States Code, title 18, section 930, paragraph (g)(2), at school or a school function;

    (2) possessing or using an illegal drug at school or a school function;

    (3) selling or soliciting the sale of a controlled substance while at school or a school function; or

    (4) committing a third-degree assault as described in section 609.223, subdivision 1.

    Subd. 2.Limited enrollment of nonresident pupils. (a) A board may, by resolution, limit the enrollment of nonresident pupils in its schools or programs according to this section to a number not less than the lesser of:

    (1) one percent of the total enrollment at each grade level in the district; or

    (2) the number of district residents at that grade level enrolled in a nonresident district according to this section.

    (b) A district that limits enrollment of nonresident pupils under paragraph (a) shall report to the commissioner by July 15 on the number of nonresident pupils denied admission due to the limitations on the enrollment of nonresident pupils.

    Subd. 3.Pupil application procedures. (a) In order that a pupil may attend a school or program in a nonresident district, the pupil's parent or guardian must submit an application to the nonresident district. The pupil's application must identify a reason for enrolling in the nonresident district. The parent or guardian of a pupil must submit a signed application by January 15 for initial enrollment beginning the following school year. The application must be on a form provided by the Department of Education. A particular school or program may be requested by the parent. Once enrolled in a nonresident district, the pupil may remain enrolled and is not required to submit annual or periodic applications. If the student moves to a new resident district, the student retains the seat in the nonresident district, but must submit a new enrollment options form to update the student's information. To return to the resident district or to transfer to a different nonresident district, the parent or guardian of the pupil must provide notice to the resident district or apply to a different nonresident district by January 15 for enrollment beginning the following school year.

    (b) A school district may require a nonresident student enrolled in a program under section 125A.13, or in a preschool program, except for a program under section 142D.07 or 142D.08, to follow the application procedures under this subdivision to enroll in kindergarten. A district must allow a nonresident student enrolled in a program under section 142D.07 or 142D.08 to remain enrolled in the district when the student enters kindergarten without submitting annual or periodic applications, unless the district terminates the student's enrollment under subdivision 12.

    Subd. 4.Achievement and integration district transfers. (a) This subdivision applies to a transfer into or out of a district that has an achievement and integration plan approved by the commissioner of education under sections 124D.861 and 124D.862.

    (b) An application to transfer may be submitted at any time for enrollment beginning at any time.

    (c) A pupil enrolled in a nonresident district under an achievement and integration plan approved by the commissioner of education is not required to make annual or periodic application for enrollment but may remain enrolled in the same district. A pupil may transfer to the resident district at any time.

    (d) Subdivision 2 applies to a transfer into or out of a district with an achievement and integration plan.

    Subd. 5.Nonresident district procedures. A district shall notify the parent or guardian in writing by February 15 or within 90 days for applications submitted after January 15 in the case of achievement and integration district transfers whether the application has been accepted or rejected. If an application is rejected, the district must state in the notification the reason for rejection. The parent or guardian must notify the nonresident district by March 1 or within ten business days whether the pupil intends to enroll in the nonresident district. Notice of intent to enroll in the nonresident district obligates the pupil to attend the nonresident district during the following school year, unless the boards of the resident and the nonresident districts agree in writing to allow the pupil to transfer back to the resident district. If the pupil's parents or guardians change residence to another district, the student does not lose the seat in the nonresident district but the parent or guardian must complete an updated enrollment options form. If a parent or guardian does not notify the nonresident district by the January 15 deadline, if it applies, the pupil may not enroll in that nonresident district during the following school year, unless the boards of the resident and nonresident district agree otherwise. The nonresident district must notify the resident district by March 15 or 30 days later of the pupil's intent to enroll in the nonresident district. The same procedures apply to a pupil who applies to transfer from one participating nonresident district to another participating nonresident district.

    Subd. 5a.Lotteries. If a school district has more applications than available seats at a specific grade level, it must hold an impartial lottery following the January 15 deadline to determine which students will receive seats. The district must give priority to enrolling siblings of currently enrolled students, students whose applications are related to an approved integration and achievement plan, children of the school district's staff, and students residing in that part of a municipality, defined under section 469.1812, subdivision 3, where:

    (1) the student's resident district does not operate a school building;

    (2) the municipality is located partially or fully within the boundaries of at least five school districts;

    (3) the nonresident district in which the student seeks to enroll operates one or more school buildings within the municipality; and

    (4) no other nonresident, independent, special, or common school district operates a school building within the municipality.

    The process for the school district lottery must be established in school district policy, approved by the school board, and posted on the school district's website.

    Subd. 6.Basis for decisions. The board must adopt, by resolution, specific standards for acceptance and rejection of applications. Standards may include the capacity of a program, excluding special education services; class; or school building. The school board may not reject applications for enrollment in a particular grade level if the nonresident enrollment at that grade level does not exceed the limit set by the board under subdivision 2. Standards may not include previous academic achievement, athletic or other extracurricular ability, disabling conditions, proficiency in the English language, previous disciplinary proceedings, or the student's district of residence, except where the district of residence is directly included in an enrollment options strategy included in an approved achievement and integration program.

    Subd. 7.Exceptions to deadlines. Notwithstanding subdivision 3, the following pupil application procedures apply:

    (a) Upon agreement of the resident and nonresident districts, a pupil may submit an application to a nonresident district after January 15 for enrollment beginning the following school year.

    (b) If, as a result of entering into, modifying, or terminating an agreement between boards, a pupil is assigned after December 1 to a different school for enrollment beginning at any time, the pupil, the pupil's siblings, or any other pupil residing in the pupil's residence may submit an application to a nonresident district at any time before July 1 for enrollment beginning the following school year.

    (c) A pupil who becomes a resident of a district after December 1 may submit an application to a nonresident district on January 15 or any time after that date for enrollment beginning any time before the following December 1.

    (d) If the commissioner of education and the commissioner of human rights determine that the policies, procedures, or practices of a district are in violation of Title VI of the Civil Rights Act of 1964 (Public Law 88-352) or chapter 363A, any pupil in the district may submit an application to a nonresident district at any time for enrollment beginning at any time.

    For exceptions under this subdivision, the applicant, the applicant's parent or guardian, the district of residence, and the district of attendance must observe, in a prompt and efficient manner, the application and notice procedures in subdivisions 3 and 5, except that the application and notice deadlines do not apply.

    Subd. 8.Transportation. If requested by the parent of a pupil, the nonresident district shall provide transportation within the district. The resident district is not required to provide or pay for transportation between the pupil's residence and the border of the nonresident district. A parent may be reimbursed by the nonresident district for the costs of transportation from the pupil's residence to the border of the nonresident district if the pupil is from a family whose income is at or below the poverty level, as determined by the federal government. The reimbursement may not exceed the pupil's actual cost of transportation or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for more than 250 miles per week.

    At the time a nonresident district notifies a parent or guardian that an application has been accepted under subdivision 4 or 5, the nonresident district must provide the parent or guardian with the following information regarding the transportation of nonresident pupils under section 123B.88, subdivision 6.

    Subd. 9.Credits toward graduation. A nonresident district shall accept credits toward graduation that were awarded by another district. The nonresident district shall award a diploma to a nonresident pupil if the pupil meets its graduation requirements.

    Subd. 10.Information. A district shall make information about the district, schools, programs, policies, and procedures available to all interested people.

    Subd. 11.General education aid. Adjustments to general education aid for the resident and nonresident districts shall be made according to section 127A.47, subdivision 7.

    Subd. 12.Termination of enrollment. A district may terminate the enrollment of a nonresident student enrolled under this section or section 124D.08 at the end of a school year if the student meets the definition of a habitual truant under section 260C.007, subdivision 19, the student has been provided appropriate services under chapter 260A, and the student's case has been referred to juvenile court. A district may also terminate the enrollment of a nonresident student over the age of 17 enrolled under this section if the student is absent without lawful excuse for one or more periods on 15 school days and has not lawfully withdrawn from school under section 120A.22, subdivision 8. [3]

    Charter schools

    See also: Charter schools in Minnesota, How does Minnesota compare to other states on school board authority over charter schools?

    Minnesota is one of 10 states that do not give local school boards any authority over whether charter schools are issued in their district. [24]

    124E.08 CHARTER SCHOOL AND SCHOOL DISTRICT COLLABORATION. (a) A charter school board may voluntarily enter into a two-year, renewable collaboration agreement with a school district in which the charter school is geographically located to enhance the achievement of the students in the district and the students in the charter school.

    A school district does not need to be either an approved authorizer or the authorizer of the charter school to enter into a collaboration agreement under this section.

    A charter school authorizer is prohibited from requiring a collaboration agreement as a condition of entering into or renewing a charter contract as defined in section 124E.10, subdivision 1.

    (b) The collaboration agreement may include, but is not limited to, collaboration regarding facilities, transportation, training, student achievement, assessments, mutual performance standards, and other areas of mutual agreement.

    (c) For purposes of student assessment and reporting to the state under section 120B.36, the school district may include the academic performance of the students of a collaborative charter school site under paragraph (a).

    Districts, authorizers, or charter schools entering into a collaborative agreement are equally and collectively subject to the same state and federal accountability measures for student achievement, school performance outcomes, and school improvement strategies. The collaborative agreement and all accountability measures must be posted on the district, charter school, and authorizer websites.

    (d) Nothing in this section or in the collaboration agreement may impact in any way the authority or autonomy of the charter school.

    (e) Nothing in this section or in the collaboration agreement shall cause the state to pay twice for the same student, service, or facility or otherwise impact state funding or payment to the school district or the charter school.[3]

    Cellphone bans

    See also: How does Minnesota compare to other states on cellphone laws?

    Minnesota is one of four states with state laws or executive orders requiring school districts to pass policies on cellphone use, not specifying what the policies must contain.[1]

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[25][26]

    Minnesota school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

    The Minneapolis 2023-2025 Teacher Contract includes a provision which creates the Anti-Bias Anti-Racist Staff Development and Advisory Council to make recommendations as to how to reduce behaviors in the district that the Council has found to be inequitable. This constrains the board in that they are expected to implement some, if not all, of the Council's reccommendations.[27]

    3.4.7 Anti-Bias Anti-Racist Staff Development and Advisory Council

    a. Focus on Developing and Supporting MPS educators: The Anti-Bias Anti-Racist Educator Development and Advisory Council (Council) is a District-wide collaborative effort of the Minneapolis Federation of Teachers and Education Support Professionals, Local 59 and the Minneapolis Public Schools. The focus of the Council is professional development and educator support for future and current educational staff, with a committed focus on reducing inequitable practices and behaviors in our learning places and spaces as well as supporting educators, specifically educators of color, in navigating and disrupting our District as a predominantly white institution.

    b. Purposes:

    1. Review and consult on culturally responsive support for Black, Indigenous, and People of Color (BIPOC) educators to increase retention and success

    2. Review and consult on professional development and support to effectively disrupt and dismantle racist and oppressive policies, practices, and interpersonal behaviors

    3. Make recommendations on trends or patterns that may be observable through the data collected from surveys; incident forms; and exit interviews provided, collected, and reviewed by the Union and the District. [3]

    Parents' bill of rights

    See also: How does Minnesota compare to other states on Parents' Bills of Rights?

    Minnesota is one of 24 states that does not have a statewide Parents' Bill of Rights.

    Minnesota does not have an explicit education-specific statewide parents' bill of rights. Minnesota statute does grant parents some authority regarding their children's education in statute. This includes the right to review the content of instructional materials that will be presented to their children and to request alternative instruction if they deem that necessary:[28]

    120B.20 PARENTAL CURRICULUM REVIEW.

    Each school district shall have a procedure for a parent, guardian, or an adult student, 18 years of age or older, to review the content of the instructional materials to be provided to a minor child or to an adult student and, if the parent, guardian, or adult student objects to the content, to make reasonable arrangements with school personnel for alternative instruction. Alternative instruction may be provided by the parent, guardian, or adult student if the alternative instruction, if any, offered by the school board does not meet the concerns of the parent, guardian, or adult student. The school board is not required to pay for the costs of alternative instruction provided by a parent, guardian, or adult student. School personnel may not impose an academic or other penalty upon a student merely for arranging alternative instruction under this section. School personnel may evaluate and assess the quality of the student's work. [3]


    How does Minnesota compare to other states?

    This section compares Minnesota's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[29]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • Minnesota prohibits book bans in public schools and libraries (2024): Minnesota Governor Tim Walz (D) signed SF3567 into law on May 17, 2024, that prohibits public libraries, including school district libraries and media centers, from banning or restricting access to books in public schools and libraries based only on the messages, ideas, or opinions they conveyed. The bill proposed creating allowances for removing books including what the bill called legitimate pedagogical concerns, practical reasons, and compliance with state or federal law, among other provisions. The bill also requires the governing bodies of a public library to establish procedures for “the selection of, challenges to, and reconsideration of [library] materials,” according to the text of the bill.[30]
    • Minnesota Education Department adopts ethnic studies standard after facing opposition from lawmakers (2024): Chief Administrative Judge Jenny Starr of the Minnesota Office of Administrative Hearings approved the Minnesota Department of Education's new social studies standard that required ethnic studies on February 1, 2024, after administrative law Judge Eric Lipman called for changes to the standard's wording in a November 2023 ruling that called the standard unduly vague. The department issued the new standard pursuant to Minnesota's 2023 House File 2497, which required schools to implement an ethnic studies requirement by the 2027-2028 school year. The Minnesota Office of Administrative Hearings reviewed the standard as part of a hearing requested by 25 or more commenters on the department’s proposed rule to implement the new standard. The proposal faced opposition from state Republican lawmakers, who argued in a letter sent to the administrative law judge before the hearing that the standards exceeded the scope of social studies outlined in the state statute, which included history, geography, economics, and government and citizenship.[31][32][33][34]
    • Minnesota school district allows parental opt-out from LGBTQ+ materials (2024): St. Louis Park Board of Education officials in February 2024 affirmed that state law allowed parents to opt their children out of educational materials featuring LGBTQ+ characters. The district issued the clarification in response to a letter from the First Liberty Institute, a Texas-based law firm specializing in First Amendment and religious freedom cases, representing Muslim families that requested to exempt their children from reading such materials. [35]
    • Minnesota enacts Reading to Ensure Academic Development Act (2023): Minnesota Governor Tim Walz (D) on May 24, 2023, signed into law the Reading to Ensure Academic Development (READ) Act. The legislation introduced a new reading curriculum that aimed to have children in the state reading at or above grade level each year. Though Minnesota granted local school districts the authority to develop their own curriculum as of 2023, the READ Act required schools to implement the state-developed reading curriculum for K-12 instruction.[36][37]
    • Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.[38]
    • Minnesota lawmakers advance parental education bills (2022): The Minnesota State Senate in March 2022 passed three education bills promoted by Republican state senators that sought to increase parental access to instructional materials in public schools and limit the disclosure of home addresses for parents who testify at school board meetings, among other provisions.[39][40] The Minnesota House of Representatives did not vote on the bills by the end of the 2021-2022 legislative session.[41]

    See also

    Footnotes

    1. 1.0 1.1 Minnesota revisor, "SF 3567," February 26, 2025
    2. 2.0 2.1 2.2 Minnesota revisor, "123B.09 BOARDS OF INDEPENDENT SCHOOL DISTRICTS." February 25, 2025
    3. 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    4. Minnesota revisor, "123B.02 GENERAL POWERS OF INDEPENDENT SCHOOL DISTRICTS." February 25, 2025
    5. Minnesota revisor, "123B.02 GENERAL POWERS OF INDEPENDENT SCHOOL DISTRICTS." February 25, 2025
    6. MPR, "Historic Minnesota law requires schools to adopt a new reading curriculum to close reading gap," February 27, 2025
    7. Justia Law, "MN Stat § 120B.235 (2024)" February 26, 2025
    8. Justia Law, "MN Stat § 120B.236 (2024)" February 26, 2025
    9. Justia Law, "MN Stat § 120B.238 (2024)" February 26, 2025
    10. Justia Law, "MN Stat § 120B.251 (2024)" February 26, 2025
    11. Justia Law, "MN Stat § 120B.252 (2024)" February 26, 2025
    12. The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    13. Legiscan.com, “S.F. No. 3567,” June 21, 2024
    14. pen.org, "PEN America Index of School Book Bans – 2023-2024," February 26, 2025
    15. wctrib.com, "Controversial book will stay in Alexandria, Minnesota, middle school library," February 26, 2025
    16. Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    17. Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    18. Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    19. U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    20. The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    21. Casetext, "Minn. Stat. § 121A.61," February 26, 2025
    22. The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    23. Minnesota revisor, "124D.03 ENROLLMENT OPTIONS PROGRAM.," February 26, 2025
    24. Minnesota revisor, "124E.08 CHARTER SCHOOL AND SCHOOL DISTRICT COLLABORATION." FEbruary 26, 2025
    25. National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    26. National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    27. Minneapolis Public Schools, "2023-2025 Teacher Contract, Memoranda, & Policies," February 26, 2025
    28. Justia Law, "120B.20 PARENTAL CURRICULUM REVIEW." February 26, 2025
    29. National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    30. Legiscan.com, “S.F. No. 3567,” June 21, 2024
    31. Minnesota Public Radio, "New Minnesota social studies standards, including ethnic studies, get judge's final OK," April 22, 2024
    32. Minnesota Legislature, "CHAPTER 55--H.F.No. 2497," April 22, 2024
    33. Minnesota.gov, "9005-37919 MDE Social Studies Standards Report," April 22, 2024
    34. Minnesota Legislature, "14.14 Hearing on a rule," April 30, 2024
    35. CBS News, "St. Louis Park schools says parents can opt students out of LGBTQ+ books," February 16, 2024
    36. MN Department of Education, "READ Act," accessed December 8, 2023
    37. MPR News, "Historical Minnesota law requires schools to adopt a new reading curriculum to close reading gap," December 4, 2023
    38. Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023
    39. KARE 11, "Minnesota Senate takes up GOP 'Parents Bill of Rights'" March 3, 2022
    40. AP News, "Senate GOP package pushes to provide curriculum to parents" February 14, 2022
    41. Duluth News Tribune, "GOP bill requiring schools to share K-12 syllabi clears Minnesota Senate" March 10, 2022