Text of MN HF 3533 (2026)

1.1 A bill for an act​ 1.2 relating to education; prohibiting classroom instruction related to gender identity​ 1.3 in public schools; requiring parental notification; proposing coding for new law​ 1.4 in Minnesota Statutes, chapters 120B; 121A.​ 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.6 Section 1. [120B.111] SEXUAL ORIENTATION OR GENDER IDENTITY.​ 1.7 An individual or group of individuals providing classroom instruction to students at a​ 1.8 public school must not engage in classroom discussion or provide classroom instruction​ 1.9 regarding sexual orientation or gender identity to students in kindergarten through grade 8.​ 1.10 The commissioner must provide schools with guidelines to implement and enforce this​ 1.11 section.​ 1.12 EFFECTIVE DATE. This section is effective for the 2026-2027 school year and later.​ 1.13 Sec. 2. [121A.0655] PARENTAL NOTICE; STUDENT HEALTH AND​ 1.14 WELL-BEING.​ 1.15 Subdivision 1. Parental notice; procedure. The commissioner must adopt procedures​ 1.16 for a public school to notify a student's parent or guardian if there is a change in the student's​ 1.17 services or monitoring related to the student's mental, emotional, or physical health or​ 1.18 well-being, or a change in the school's ability to provide a safe and supportive learning​ 1.19 environment for the student. The procedures must reinforce the fundamental rights of a​ 1.20 parent or guardian to make decisions regarding the upbringing and control of their child by​ 1.21 requiring school personnel to encourage a student to discuss issues relating to the student's​ 1.22 well-being with their parent or guardian or to facilitate discussion of the issue with the​ 1​ Sec. 2.​ REVISOR CR/BM 26-06596​ 01/29/26 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 3533​ NINETY-FOURTH SESSION​ 2.1 parent or guardian. The procedures must not prohibit a parent or guardian from accessing​ 2.2 any of their child's education and health records created, maintained, or used by the school​ 2.3 district.​ 2.4 Subd. 2. Health care services; notice. At the beginning of the school year, a school​ 2.5 board or charter school board of directors must notify parents and guardians of each health​ 2.6 care service offered at their child's school and the option to withhold consent to or decline​ 2.7 any specific service. Parental consent to a health care service does not waive the parent's​ 2.8 or guardian's right to access their child's health records or to be notified about a change in​ 2.9 their child's services or monitoring.​ 2.10 Subd. 3. Questionnaire or health screening form. Before administering a student​ 2.11 well-being questionnaire or health screening form to a student in kindergarten through grade​ 2.12 8, a school board or charter school board must provide the questionnaire or health screening​ 2.13 form to the student's parent or guardian and obtain the parent's or guardian's prior written​ 2.14 permission to administer the questionnaire or form.​ 2.15 Subd. 4. Prohibited procedures. A school board or charter school board of directors​ 2.16 must not adopt procedures that prohibit school employees from notifying a parent or guardian​ 2.17 about their child's mental, emotional, or physical health or well-being, or a change in related​ 2.18 services or monitoring, or that encourage or have the effect of encouraging a student to​ 2.19 withhold such information from a parent or guardian. A school employee must not discourage​ 2.20 or prohibit parental notification of and involvement in critical decisions affecting a student's​ 2.21 mental, emotional, or physical health or well-being.​ 2.22 Subd. 5. Principal notification; parent concern; appeal. (a) A school board or charter​ 2.23 school board of directors must adopt procedures for a parent or guardian to notify the school​ 2.24 principal, or their designee, regarding the process for resolving concerns. The concerns​ 2.25 must be resolved within seven calendar days after the parental notification. If the concern​ 2.26 remains unresolved within 30 calendar days after the parental notification to the principal,​ 2.27 the school board or charter school board of directors must either resolve the concern or​ 2.28 provide a statement of the reasons for not resolving the concern.​ 2.29 (b) Within 30 calendar days following the local board's decision or statement under​ 2.30 paragraph (a), a parent or guardian may:​ 2.31 (1) file an appeal of the decision or a complaint with the commissioner of education.​ 2.32 The commissioner must determine facts relating to the dispute over the district's or charter​ 2.33 school's practice or procedure, consider information provided by the district or charter​ 2​ Sec. 2.​ REVISOR CR/BM 26-06596​ 01/29/26 ​ 3.1 school, and provide a recommended decision for resolution to the school board or charter​ 3.2 school board of directors within 30 days after receipt of the appeal; or​ 3.3 (2) bring an action against the school board or charter school board of directors to obtain​ 3.4 a declaratory judgment that the board's procedure or practice violates this section and seek​ 3.5 injunctive relief. A court may award damages and must award reasonable attorney fees and​ 3.6 court costs to a parent or guardian who receives declaratory or injunctive relief.​ 3.7 (c) A school board or charter school board of directors must adopt policies to notify​ 3.8 parents and guardians of the procedures available under this section.​ 3.9 EFFECTIVE DATE. This section is effective for the 2026-2027 school year and later.​ 3​ Sec. 2.​ REVISOR CR/BM 26-06596​ 01/29/26 ​