School and Education Law in Minnesota

Overview

Every child in Minnesota has the right to a free public education. If your child has a disability, they also have the right to special education services designed to meet their individual needs. If your child is being bullied, suspended, or skipping school, there are laws that protect them.

This guide explains your rights as a parent or guardian under Minnesota education law. It covers special education (IEPs and 504 plans), school discipline, bullying, truancy, and how to resolve disputes with your school district. The main Minnesota laws that apply are Minn. Stat. § 125A (special education), Minn. Stat. § 121A (school discipline and bullying), and Minn. Stat. § 260A (truancy).

Who this guide is for: Parents and guardians of children in Minnesota public schools, especially those dealing with special education, discipline, bullying, or truancy issues. This information also applies to charter school students.

Special Education Rights

What Is Special Education?

Special education is instruction and services designed specifically for your child’s needs, at no cost to you. Under both federal law (the Individuals with Disabilities Education Act, or IDEA) and Minnesota law ( Minn. Stat. § 125A ), every child with a qualifying disability is entitled to a free appropriate public education (FAPE).

This means the school must provide your child with the supports and services they need to make meaningful progress in school. These services are spelled out in an Individualized Education Program (IEP).

Who Qualifies?

To qualify for special education, your child must:

1. Have one of the 13 disability categories recognized under IDEA (such as autism, specific learning disability, speech or language impairment, emotional/behavioral disorders, other health impairment, or developmental delay)
2. Need specially designed instruction because of the disability

The school determines eligibility through a formal evaluation. You can request an evaluation at any time, and the school must respond.

The IEP Process: 30 + 30 + 30 Timeline

Minnesota follows a clear timeline for special education evaluations and IEP development. Think of it as three 30-day steps:

Step 1: Request and Proposal (30 School Days)

You request an evaluation. Put your request in writing to your child’s teacher, principal, or special education director. The school then has 30 school days to either:

• Propose an evaluation and send you a written plan describing what they will test, or
• Refuse the evaluation and explain why in writing

If the school proposes an evaluation, you must give written consent before testing can begin. If the school refuses, you have the right to disagree and request an independent evaluation.

Always put your evaluation request in writing. A letter or email creates a record of the date you asked, which starts the 30-day clock. Keep a copy for your files.

Step 2: Evaluation (30 School Days)

The school completes the evaluation. After you give written consent, the school has 30 school days to finish all testing and write the evaluation report. The evaluation must:

• Cover all areas related to your child’s suspected disability
• Use a variety of tools and strategies (not just one test)
• Be conducted by qualified professionals

You have the right to review the evaluation report before the IEP meeting. If you disagree with the school’s evaluation, you can request an Independent Educational Evaluation (IEE) at the school district’s expense.

Step 3: IEP Meeting (30 Calendar Days)

The IEP team meets. Within 30 calendar days after the evaluation is completed, the school must hold an IEP meeting. The IEP team includes:

• You (the parent or guardian)
• At least one of your child’s regular education teachers
• At least one special education teacher
• A school district representative
• Someone who can interpret the evaluation results
• Your child (when appropriate, especially for transition planning at age 14+)
• Anyone else you invite (an advocate, family member, or outside specialist)

At this meeting, the team develops the IEP, which includes:

• Your child’s current abilities and needs
• Annual goals and how progress will be measured
• The specific services, accommodations, and supports your child will receive
• Where services will be provided (the “least restrictive environment”)

You are an equal member of the IEP team. You have the right to participate fully, ask questions, disagree, and request changes. You do not have to sign the IEP at the meeting — you can take it home to review first.

Re-Evaluation

The school must re-evaluate your child at least every 3 years to determine if they still qualify for special education and whether any changes to services are needed. You can also request a re-evaluation at any time if you believe your child’s needs have changed, but the school is not required to re-evaluate more than once per year unless you and the school agree.

Least Restrictive Environment

Under federal and state law, your child should be educated in the least restrictive environment possible. This means your child should be in regular classrooms with non-disabled peers to the maximum extent appropriate, with supports and services brought to them. The school can only remove your child from regular classes when the nature or severity of the disability makes it necessary, even with supplementary aids and services.

IEP vs. 504 Plan

Both IEPs and 504 plans provide support for students with disabilities, but they are different programs with different rules.

	IEP	504 Plan
Law	IDEA and Minn. Stat. § 125A	Section 504 of the Rehabilitation Act
Eligibility	Must have one of 13 specific disability categories AND need specially designed instruction	Must have any physical or mental impairment that “substantially limits a major life activity” — broader eligibility
What it provides	Specially designed instruction, related services, accommodations, modifications	Accommodations and modifications to ensure equal access
Written plan	Detailed written IEP document with goals, services, and progress monitoring	Written plan describing accommodations; less detailed
Parent rights	Extensive procedural protections (prior written notice, consent, due process hearings)	Fewer procedural protections
Dispute process	Free mediation and due process hearings through MDE	OCR complaint or Section 504 hearing
Funding	School receives additional state and federal funding	No additional funding
Re-evaluation	At least every 3 years	Periodically (no fixed schedule)
Best for	Students who need specialized instruction and significant supports	Students who can succeed in the general curriculum with accommodations (such as extra time on tests, preferential seating, or a quiet testing space)

School Discipline

Your Child’s Rights

Minnesota law ( Minn. Stat. § 121A ) sets limits on how schools can discipline students. The rules are designed to keep children in school and learning whenever possible.

Key rules:

• Suspension: A school can suspend your child for up to 10 consecutive school days for a single incident. The school must make reasonable attempts to notify you before the suspension takes effect.
• Expulsion: Only the school board can expel a student. Expulsion removes the student from school for up to 12 months. The school must hold a hearing before expelling any student.
• Exclusion: The school board can exclude a student for the remainder of the school year. A hearing is required.

For all three actions, your child has the right to:

• Written notice of the proposed action and the reasons for it
• A hearing (for expulsion and exclusion)
• Continue receiving educational services during removal

The 10-Day Rule for Students with Disabilities

If your child has an IEP or 504 plan, they have additional protections when it comes to discipline.

When a student with a disability is removed from school for more than 10 cumulative school days in a school year, the school must:

1. Hold a manifestation determination review (MDR) within 10 school days of the decision to remove. This is a meeting where the IEP team (including you) determines whether the behavior was:

   • Caused by or substantially related to the child’s disability, or
   • The result of the school’s failure to implement the IEP

2. If the behavior IS related to the disability:

   • The child must return to their placement (unless you and the school agree otherwise)
   • The IEP team must conduct a functional behavioral assessment and create or revise a behavior intervention plan

3. If the behavior is NOT related to the disability:

   • The school can apply the same discipline as for students without disabilities
   • But the school must continue to provide educational services so your child can make progress on IEP goals

Bullying

Minnesota’s Anti-Bullying Law

Minnesota’s anti-bullying law ( Minn. Stat. § 121A.031 ) requires every school district to have a bullying prevention policy and a clear process for investigating reports. The law was strengthened by a 2025 amendment that added stronger requirements for investigation timelines and parent notification.

What counts as bullying under Minnesota law:

Bullying means intimidating, threatening, abusive, or harming conduct that is objectively offensive and that:

• There is an actual or perceived imbalance of power between the student engaging in the conduct and the target, and
• The conduct is repeated or forms a pattern, OR is so severe that it substantially interferes with the target’s education

The law covers bullying that happens:

• At school or on school property
• At school-sponsored events or activities
• On school buses or at bus stops
• Online (cyberbullying), when it substantially disrupts the learning environment

What Schools Must Do

Under Minn. Stat. § 121A.031 , when bullying is reported, the school must:

1. Begin an investigation within 3 school days of receiving the report
2. Notify the parents of both the target student and the student accused of bullying
3. Complete the investigation and take action to stop the bullying and prevent it from happening again
4. Keep a written record of the report, investigation, and outcome
5. Provide information about mental health resources to the target student

What You Can Do

If your child is being bullied:

• Report it in writing to the school principal. Include dates, what happened, who was involved, and any witnesses. Keep a copy.
• Ask for a copy of the school’s bullying prevention policy.
• Follow up if the school does not investigate within 3 school days. Put your follow-up in writing.
• Request a meeting with the principal to discuss what the school is doing to stop the bullying and protect your child.
• Contact the Minnesota Department of Education if the school does not act. You can file a complaint at education.mn.gov.

Truancy

What Is Truancy?

Truancy means your child is missing school without a valid excuse. Minnesota law ( Minn. Stat. § 260A ) requires children between ages 7 and 17 to attend school. Schools are required to track absences and intervene when a student is frequently absent.

Minnesota defines two levels of truancy:

Level	Definition	What Happens
Continuing Truant	3 or more unexcused absences in a school year	School must notify you and try to resolve the problem (attendance conference, intervention plan)
Habitual Truant	7 or more unexcused absences in a school year	School may refer the matter to the county attorney. The county may file a petition in juvenile court.

What Schools Must Do

Before a truancy case goes to court, the school must:

1. Notify you in writing when your child has 3 unexcused absences
2. Attempt to meet with you to find out why your child is missing school
3. Develop an intervention plan that may include changes to the student’s schedule, academic support, mental health services, or other strategies
4. Refer to county services if interventions do not work

Parent Responsibilities and Protections

As a parent, you are responsible for making sure your child attends school. If your child is referred for truancy, you should:

• Respond to the school’s contact attempts. Cooperating early can prevent the situation from going to court.
• Attend any meetings or conferences the school schedules about your child’s attendance.
• Work with the school on an intervention plan.
• Provide documentation if your child’s absences are due to medical conditions, family emergencies, or other valid reasons.

Truancy and Special Education

If your child has a disability and is missing school frequently, the absences may be related to their disability. Before pursuing truancy action, the school should consider whether:

• The child’s IEP or 504 plan needs to be reviewed or updated
• The school is providing the right supports
• The absences are a sign that the child’s needs are not being met

You can request an IEP team meeting at any time to discuss attendance concerns.

Dispute Resolution

If you disagree with your school district about your child’s special education services, placement, evaluation, or any other education-related issue, you have several options.

Option 1: Mediation (Free Through MDE)

Mediation is a voluntary process where a trained, neutral mediator helps you and the school district reach an agreement. Mediation is:

• Free — provided by the Minnesota Department of Education (MDE)
• Confidential — what is discussed cannot be used in a later hearing
• Voluntary — both you and the school must agree to participate
• Faster than a due process hearing

Mediation works well when both sides are willing to compromise. If you reach an agreement, it is put in writing and is legally binding. If mediation does not work, you can still file for a due process hearing.

How to request: Contact the Minnesota Department of Education at 651-582-8200 or visit education.mn.gov.

Option 2: Due Process Hearing

A due process hearing is a formal legal proceeding, similar to a trial, where an impartial hearing officer decides the dispute. This is the most powerful tool available to parents, but it is also the most complex.

Key timelines:

• You must file within 2 years of the date you knew or should have known about the issue
• After you file, the school must hold a resolution session within 15 days to try to settle the dispute
• If the resolution session does not resolve the issue, the hearing must be completed within 30 days
• The hearing officer issues a written decision

Your rights in a due process hearing:

• Present evidence and call witnesses
• Cross-examine the school district’s witnesses
• Have an attorney or advocate represent you
• Receive a written decision with findings of fact and conclusions of law

Important: If you win, the hearing officer can order the school to provide services, change your child’s placement, or reimburse you for expenses (such as private school tuition or independent evaluations). You may also be entitled to recover your attorney’s fees.

Due process hearings are complex. Consider getting help from the Minnesota Disability Law Center (800-292-4150) or the PACER Center (952-838-9000) before filing.

Option 3: State Complaint to MDE

You can file a state complaint with the Minnesota Department of Education if you believe the school district has violated special education law. This is different from a due process hearing — MDE investigates the complaint and issues a decision.

How it works:

• File a written complaint with MDE describing the violation
• The complaint must involve something that happened within the past 1 year
• MDE investigates and must issue a decision within 60 days
• If MDE finds a violation, it can order the school to take corrective action (such as providing compensatory services)

A state complaint is a good option when the issue is about whether the school is following the law (for example, the school is not implementing the IEP, or the school failed to respond to your evaluation request within 30 school days). It is less useful for disagreements about what services your child should receive — those are better suited for mediation or a due process hearing.

How to file: Download the complaint form from education.mn.gov or contact MDE at 651-582-8200.

Key Deadlines

Deadline	Details	Statute
30 school days	School must propose or refuse evaluation after parent request	Minn. Stat. § 125A
30 school days	School must complete evaluation after parent consent	Minn. Stat. § 125A
30 calendar days	IEP team must meet after evaluation is completed	Minn. Stat. § 125A
3 years	Minimum interval for re-evaluation	IDEA
10 school days	Manifestation determination must occur within this time after removal decision	IDEA
3 school days	School must begin bullying investigation after report	Minn. Stat. § 121A.031
2 years	Deadline to file a due process hearing from date you knew about the issue	IDEA
15 days	Resolution session must occur after due process filing	IDEA
30 days	Due process hearing must be completed after resolution session	IDEA
60 days	MDE must resolve a state complaint	IDEA
1 year	State complaint must be filed within this period of the alleged violation	IDEA

Related Guides

Disability Rights in Minnesota

A plain-language guide to disability rights in Minnesota under the MN Human Rights Act and ADA. Covers employment, housing, public accommodations, reasonable accommodation, and how to file a complaint.

Guardianship and Conservatorship in Minnesota

A plain-language guide to guardianship and conservatorship in Minnesota. Learn the process, types, alternatives, annual reporting, and how to protect a loved one.

Where to Get Help

• PACER Center: The primary Minnesota resource for parents of children with disabilities. Provides free workshops, one-on-one help, and publications on special education rights. Call 952-838-9000 or visit pacer.org. PACER also operates the National Bullying Prevention Center.
• Minnesota Department of Education (MDE): Oversees special education, provides free mediation, and accepts state complaints. Call 651-582-8200 or visit education.mn.gov.
• Minnesota Governor’s Council on Developmental Disabilities: Information and advocacy resources at mn.gov/mnddc.
• 211 (United Way): Dial 2-1-1 for local family and youth services.

Frequently Asked Questions

How do I request a special education evaluation? Put your request in writing (a letter or email) to your child’s teacher, principal, or the school’s special education director. Be specific about your concerns. Keep a copy with the date. The school must respond within 30 school days.

What is the difference between an IEP and a 504 plan? An IEP provides specially designed instruction and detailed services for students who qualify under one of 13 disability categories. A 504 plan provides accommodations for students with any disability that substantially limits a major life activity. IEPs have more procedural protections and more detailed requirements. See the comparison table above for a full breakdown.

Can the school suspend my child with an IEP? Yes, but with limits. The school can suspend your child for up to 10 consecutive school days for a single incident, the same as any student. If total removals exceed 10 cumulative days in a school year, the school must hold a manifestation determination to decide if the behavior was related to the disability. If it was, the child must generally be returned to their placement.

What should I do if my child is being bullied? Report it in writing to the school principal. Include details about what happened, when, and who was involved. The school must begin an investigation within 3 school days. Follow up in writing if the school does not act. If the school fails to investigate or stop the bullying, file a complaint with the Minnesota Department of Education.

What happens if my child is truant? If your child has 3 or more unexcused absences, the school must notify you and try to work with you to solve the problem. If your child reaches 7 or more unexcused absences, the school may refer the matter to the county attorney, which could lead to a petition in juvenile court. Cooperate with the school early to prevent court involvement.

Do I need a lawyer to file a due process hearing? You do not need a lawyer, but due process hearings are complex and the school district will have legal representation. Contact the Minnesota Disability Law Center (800-292-4150) or the PACER Center (952-838-9000) for free help. Some legal aid organizations may be able to represent you.

What if I cannot afford a private evaluation? If you disagree with the school’s evaluation, you can request an Independent Educational Evaluation (IEE) at the school district’s expense. The school must either pay for the evaluation or file for a due process hearing to show that its own evaluation was appropriate. You have the right to one publicly funded IEE each time the school conducts an evaluation you disagree with.

Can my child receive special education services during a suspension? If your child has been removed for more than 10 cumulative school days in a school year, the school must continue to provide educational services so your child can make progress on IEP goals. For the first 10 days, the school is not required to provide services (the same as for any student).