Know Your Rights: School and Education Law in Minnesota

If your child attends a Minnesota public school or charter school, they have legal rights. As a parent or guardian, you have the right to be involved in decisions about your child’s education. Here is what you need to know.

Your Special Education Rights

1. Your child has the right to a free appropriate public education (FAPE). If your child has a disability, the school must provide special education services at no cost to you. This includes instruction, therapies, and supports designed for your child’s needs. See Minn. Stat. § 125A .

2. You can request an evaluation at any time. If you think your child may have a disability, put your request in writing. The school must respond within 30 school days by either proposing an evaluation or explaining in writing why they will not evaluate.

3. The school must follow the 30+30+30 timeline. After your request: 30 school days to propose an evaluation, 30 school days to complete it after you consent, and 30 calendar days to hold the IEP meeting after the evaluation is done.

4. You are an equal member of the IEP team. You have the right to attend all meetings, ask questions, disagree, and request changes. You do not have to sign the IEP at the meeting. Take it home and review it first if you need to.

5. You can get a second opinion. If you disagree with the school’s evaluation, you can request an Independent Educational Evaluation (IEE) at the school district’s expense.

6. Your child should be in the least restrictive environment. The school must educate your child with non-disabled peers to the greatest extent appropriate, with supports brought to them.

Your 504 Plan Rights

7. Your child may qualify for a 504 plan even if they do not qualify for an IEP. A 504 plan is for any student with a physical or mental impairment that substantially limits a major life activity (such as learning, reading, concentrating, or breathing). This includes conditions like ADHD, anxiety, diabetes, and asthma.

8. The school must provide accommodations. A 504 plan may include extra time on tests, preferential seating, breaks, modified assignments, or other changes so your child can access education equally.

Your Discipline Rights

9. Your child cannot be suspended for more than 10 consecutive school days for a single incident. Only the school board can expel a student, and a hearing is required before expulsion or exclusion. See Minn. Stat. § 121A .

10. Students with disabilities get extra protections. If your child has an IEP or 504 plan and is removed from school for more than 10 cumulative days in a year, the school must hold a manifestation determination meeting. This meeting decides whether the behavior was caused by the disability. If it was, the child must generally return to their placement.

11. Your child must continue to receive educational services. During removals beyond 10 cumulative days, the school must provide services so your child can continue to make progress on IEP goals.

Your Bullying Rights

12. Schools must investigate bullying reports within 3 school days. Minnesota’s anti-bullying law ( Minn. Stat. § 121A.031 ) requires schools to act quickly when bullying is reported, whether it happens in person or online.

13. The school must notify parents. The parents of both the targeted student and the student accused of bullying must be notified.

14. The school must take action to stop the bullying. Investigating is not enough. The school must take steps to stop the behavior and prevent it from happening again.

Your Truancy Rights

15. You must be notified before truancy action. If your child has 3 or more unexcused absences, the school must contact you and try to work with you on a solution before taking any further steps. See Minn. Stat. § 260A .

16. The school must try interventions first. Before referring a truancy case to the county attorney, the school must attempt to meet with you and develop a plan to improve attendance.

What to Do

• Put everything in writing. Requests for evaluations, reports of bullying, and concerns about discipline should all be in writing. Email is fine. Keep copies of everything.
• Attend all meetings. You have the right to be at every IEP meeting, manifestation determination, and discipline hearing. Bring a support person if you want to.
• Keep records. Save all letters, emails, IEPs, evaluation reports, progress reports, and disciplinary notices from the school.
• Ask for help. You do not have to do this alone. Free help is available (see below).

Key Deadlines

Deadline	What It Means
30 school days	School must respond to your evaluation request
30 school days	School must complete the evaluation after you consent
30 calendar days	IEP meeting must happen after evaluation is done
3 school days	School must begin investigating a bullying report
10 school days	Manifestation determination must be held after removal decision
2 years	Deadline to file a due process hearing
60 days	MDE must resolve a state complaint

Get Help

• PACER Center: Free help for parents navigating special education in Minnesota. Call 952-838-9000 or visit pacer.org.
• Minnesota Department of Education: Special education complaints and free mediation. Call 651-582-8200 or visit education.mn.gov.
• 211 (United Way): Dial 2-1-1 for local family services.

For more detail: See our full guide on school and education law:

School and Education Law in Minnesota

A plain-language guide to special education rights, IEPs, 504 plans, school discipline, bullying, and truancy in Minnesota.