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.
Types of legal and contractual constraints on school board authority
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:
- Minnesota law on school boards' authority over district policy. This section features the statutes in Minnesota law that establish, enable, or define local school district boards.
- Constraints on Minnesota school boards' authority. This section provides an overview of constraints on the school boards' authority in Minnesota. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does Minnesota compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Minnesota.
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]
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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]
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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.
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]
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
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]
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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]
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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]
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Cellphone bans
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]
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Parents' bill 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]
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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
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
- 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
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
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Footnotes
- ↑ 1.0 1.1 Minnesota revisor, "SF 3567," February 26, 2025
- ↑ 2.0 2.1 2.2 Minnesota revisor, "123B.09 BOARDS OF INDEPENDENT SCHOOL DISTRICTS." February 25, 2025
- ↑ 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.
- ↑ Minnesota revisor, "123B.02 GENERAL POWERS OF INDEPENDENT SCHOOL DISTRICTS." February 25, 2025
- ↑ Minnesota revisor, "123B.02 GENERAL POWERS OF INDEPENDENT SCHOOL DISTRICTS." February 25, 2025
- ↑ MPR, "Historic Minnesota law requires schools to adopt a new reading curriculum to close reading gap," February 27, 2025
- ↑ Justia Law, "MN Stat § 120B.235 (2024)" February 26, 2025
- ↑ Justia Law, "MN Stat § 120B.236 (2024)" February 26, 2025
- ↑ Justia Law, "MN Stat § 120B.238 (2024)" February 26, 2025
- ↑ Justia Law, "MN Stat § 120B.251 (2024)" February 26, 2025
- ↑ Justia Law, "MN Stat § 120B.252 (2024)" February 26, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Legiscan.com, “S.F. No. 3567,” June 21, 2024
- ↑ pen.org, "PEN America Index of School Book Bans – 2023-2024," February 26, 2025
- ↑ wctrib.com, "Controversial book will stay in Alexandria, Minnesota, middle school library," February 26, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ Casetext, "Minn. Stat. § 121A.61," February 26, 2025
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Minnesota revisor, "124D.03 ENROLLMENT OPTIONS PROGRAM.," February 26, 2025
- ↑ Minnesota revisor, "124E.08 CHARTER SCHOOL AND SCHOOL DISTRICT COLLABORATION." FEbruary 26, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ Minneapolis Public Schools, "2023-2025 Teacher Contract, Memoranda, & Policies," February 26, 2025
- ↑ Justia Law, "120B.20 PARENTAL CURRICULUM REVIEW." February 26, 2025
- ↑ 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
- ↑ Legiscan.com, “S.F. No. 3567,” June 21, 2024
- ↑ Minnesota Public Radio, "New Minnesota social studies standards, including ethnic studies, get judge's final OK," April 22, 2024
- ↑ Minnesota Legislature, "CHAPTER 55--H.F.No. 2497," April 22, 2024
- ↑ Minnesota.gov, "9005-37919 MDE Social Studies Standards Report," April 22, 2024
- ↑ Minnesota Legislature, "14.14 Hearing on a rule," April 30, 2024
- ↑ CBS News, "St. Louis Park schools says parents can opt students out of LGBTQ+ books," February 16, 2024
- ↑ MN Department of Education, "READ Act," accessed December 8, 2023
- ↑ MPR News, "Historical Minnesota law requires schools to adopt a new reading curriculum to close reading gap," December 4, 2023
- ↑ Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023
- ↑ KARE 11, "Minnesota Senate takes up GOP 'Parents Bill of Rights'" March 3, 2022
- ↑ AP News, "Senate GOP package pushes to provide curriculum to parents" February 14, 2022
- ↑ Duluth News Tribune, "GOP bill requiring schools to share K-12 syllabi clears Minnesota Senate" March 10, 2022