Financial pressures can sometimes lead to poor decision-making. In the case of a Minnesota public school board, a recent attempt to raise revenue led to overt discrimination against homeschooled students.

In mid-July, a member family directly affected by the school board’s policy change contacted us. HSLDA quickly stepped in and helped resolve the situation.

Positive change

The Kerr family (names changed to protect privacy) began homeschooling about 12 years ago in response to general health struggles. Their older two boys had been attending a private school, but their medical issues prompted teachers and administrators to question their potential for development.

Faced with this bias, Anna Kerr determined that the flexibility of homeschooling would provide the best opportunity to meet her four sons’ particular needs and interests.

“The individualized education we were able to give them turned them into well-rounded, high-achieving individuals,” Anna said.

Her two oldest sons have graduated from high school; both are attending college with scholarships. Her two younger sons are entering 10th grade. In addition to doing well academically, the teens who are still in high school take part in a number of extracurricular activities including competitive chess and playing the piano.

When one of Anna’s younger sons expressed an interest in athletics, she signed him up for the local public high school’s track team. In the spring of 2024, he competed in the two-mile run and just missed qualifying for the state meet in the 4x800 meter relay.

“My husband and I made sure to come to every track meet and cheer him on,” Anna recalled.

Unexpected setback

Inspired by his success in track, Anna’s son said he wanted to join the public school’s cross country squad this fall. However, after Anna signed him up, she received an email that clearly targeted him for unfair treatment just because he is homeschooled.

The email stated that, in order for Anna’s son to participate in public school athletics, he would have to pay double the fee charged to students who are enrolled in the district. The local school board had only recently voted to adopt the policy.

Anna then inquired as to the rationale behind the change. She was told the school board had expressed concern about the district’s finances. The board had determined that one way to obtain additional funds was to increase fees for homeschooled students, who aren’t included when calculating the funding the district receives from the state because they are not enrolled in the system.

In 2021–2022, about 61 percent of Minnesota’s $16.2 billion public school budget came from state sources.

Upset by the discrimination evident in the district’s new policy, Anna contacted HSLDA, where they were longtime members.

“It wasn’t about the money,” Anna said. “It was about the district targeting homeschoolers for their budgetary problems.”

Closer look at the law

HSLDA’s legal team addressed the issue immediately. We reached out to Minnesota Association of Christian Home Educators to ask if they had heard of any other school districts raising participation fees for homeschooled students. They had not.

Meanwhile, HSLDA Senior Counsel Darren Jones reviewed state law and confirmed that the school board governing the district where the Kerrs live had exceeded its authority.

Jones wrote to public school officials, urging them to rescind the new policy. He pointed out that Minnesota statutes not only explicitly declare homeschooled students eligible to participate in public school extracurricular activities, but also that they will be permitted to do so “on the same basis as public school students.”

Officials took their time responding.

“As we always do,” Jones recalled, “we asked for confirmation that the recipient had received our message. We heard nothing for six days.”

Then, on July 29, Jones received an email from the district confirming receipt. It contained a short additional note: “The policy was reversed at last night’s board meeting.”

Now Anna’s son is practicing with the high school cross country team. In a typical week, he runs 30-plus miles to train for a three-mile race.

“We’re excited to see how he’s going to develop as an athlete,” Anna said. “We’re so glad HSLDA was able to help.”

Jones added he was gratified to have been able to invoke the law in a way that benefited a homeschooling family.

“HSLDA believes it should be up to the parent to decide what is best for their kids,” he said. “In states like Minnesota, where homeschool students have the right to participate in public school activities, we will vigorously defend our members’ rights.”