Minnesota adopts first K-12 health education standards after OAH approval

The state's first health education standards were approved by an administrative judge after an initial rejection, with an opt-out provision for parents.

Formative Spaces NewsroomSeptember 30, 2026

A grand, light-colored stone building with a large dome and an American flag on top stands prominently against a clear blue sky. A wide set of stairs leads up to the building's entrance, with some snow visible on the ground and along the stair railings. — The Minnesota State Capitol. Shown for state policy context. Photo: xiquinhosilva / Wikimedia Commons. CC BY 2.0. Resized for display; social preview adds branding.

Minnesota adopted its first-ever statewide K-12 health education standards on September 29, 2023, when an administrative law judge with the state's Office of Administrative Hearings approved them. The approval followed a July 2023 rejection of an earlier draft, which had been sent back over concerns about how the Minnesota Department of Education handled public comments and age-appropriateness of content.

A first for the state

The standards apply to four grade bands: K-3, 4-5, 6-8, and 9-12. They cover mental and emotional health, physical health and wellness, personal health and safety, human growth and development, and sexual health, according to the Minnesota Department of Education. Minnesota previously had no specific statewide health education standards, leaving individual districts to determine their own curriculum, though health education was still required as a subject area under state law.

September 29, 2023Date the Minnesota Office of Administrative Hearings approved the state's first K-12 health education standards [1]

The standards include an opt-out provision that allows parents or guardians to review health education curriculum materials and withdraw their child from specific portions of instruction if they notify the school. That provision is consistent with Minnesota's existing parental review statute, 120B.20, according to the Minnesota Department of Education.

Rejection and revision

The path to approval was not smooth. In July 2023, an administrative law judge rejected the proposed rules, citing concerns that the Minnesota Department of Education had not adequately addressed hundreds of public comments. The judge's order specifically flagged issues around the age-appropriateness of certain topics and the scope of the sexual health and human growth content, according to the Office of Administrative Hearings.

The department revised the standards in response, and the September order approved the revised version. The standards development process included a committee of educators, public health professionals, and community members appointed by the Minnesota Department of Education, with records of committee composition available through the department's rulemaking webpage.

How Minnesota compares

Minnesota's opt-out provision mirrors approaches in other states. Texas, Utah, and Florida all allow parents to opt their children out of specific health instruction components, particularly around sexual health education, according to the National Conference of State Legislatures. The specificity of opt-out mechanisms varies by state.

Analysis

By the Formative Spaces Newsroom, written after the reporting above was filed.

Full implementation is not until the 2028-29 school year.

The approved rule sets a phased rollout, with districts required to have the standards in place by the beginning of the 2028-29 school year. Parents should not expect changes in health curriculum for at least two more school years. MDE's implementation timeline shows districts spending 2026-27 and 2027-28 on professional development, curriculum development, and materials adoption. The first real signal of whether your district is on track will come during its 2027-28 curriculum adoption cycle.

[8][11]

The opt-out is a general 1993 statute, not a health-specific exemption.

Minnesota's opt-out is Statute 120B.20, enacted in 1993, and it covers all subjects, not just health. A parent reviews instructional materials, objects to content, and the school must make "reasonable arrangements" for alternative instruction. If the school's alternative does not satisfy the parent, the parent can provide their own alternative instruction, but at their own expense. The school cannot penalize the child academically for using alternative instruction, though it can evaluate the quality of the student's work.

[10]

The standards were rejected twice before approval, both times for vagueness.

Administrative Law Judge Ann O'Reilly disapproved the rules on June 22, 2026. Chief ALJ Jessica Palmer-Denig concurred on July 2, 2026. Both found the same defects: MDE failed to notify legislators, failed to analyze costs, and wrote rules so vague the judge said they gave the agency "discretion beyond that allowed by law." MDE submitted amendments and won approval September 29, 2026. The vagueness criticism matters because it means districts will have wide latitude to interpret what the standards actually require.

[1][8][9]

Sources

Minnesota Court of Administrative Hearings. Order of the Chief Administrative Law Judge on Review of Rules: Proposed Rules Relating to K-12 Academic Standards in Health, Minnesota Rules Chapter 3501 View
Minnesota Department of Education. Minnesota K-12 Health Education Standards View
Minnesota Legislature. Minnesota Statutes 120B.021 - Required Academic Standards View
Minnesota Department of Education. Minnesota K-12 Health Education Standards FAQ View
Minnesota Department of Education. Health Education Standards Rulemaking Committee Membership View
Minnesota Court of Administrative Hearings. Report of Administrative Law Judge: Proposed Rules Relating to K-12 Academic Standards in Health, Minnesota Rules Chapter 3501 View
National Conference of State Legislatures. State Policies on Sex Education and HIV/STI Education View
MPR News. Minnesota's new K-12 health standards: What to know View
MPR News. Minnesota K-12 health standards' future unclear after administrative judge objects View
Minnesota Revisor of Statutes. Sec. 120B.20 MN Statutes - Parental Curriculum Review View
Minnesota Department of Education. K-12 Health Standards Rulemaking Timeline View