The Minnesota Department of Education (MDE) applauded Attorney General Keith Ellison’s opinion that all students are entitled to the same healthy, full school meal, regardless of lunch debt. Commissioner Heather Mueller had asked the Attorney General for clarification after receiving reports that a number of public schools or districts across Minnesota had adopted policies whereby students with unpaid meal balances are denied lunch items from the scheduled menu for the day. Students with unpaid meal balances are provided instead with what schools and districts refer to as an “alternate meal,” a “minimum meal,” or a “courtesy meal.”

The Legal Services Advocacy Project (LSAP) requested that the MDE investigate and consult the Attorney General after surveying more than 330 Minnesota school districts earlier this year. LSAP found that 124 policies appeared to violate the Minnesota law that banned lunch shaming in July 2021. Legislation that LSAP, Hunger Solutions MN, and others had worked hard to help enact.

Under Minnesota law, the Commissioner of Education may request a formal opinion of the Attorney General on "any question arising under the laws relating to public schools." Once issued, the Attorney General's opinion is binding unless a court rules otherwise.

The opinion took effect immediately (Nov. 17, 2022) and MDE has notified school districts to immediately implement a policy that all students be offered the same meals regardless of meal debt.

"This is an important step forward for our students and our families," said Education Commissioner Mueller in MDE’s press release. "Differential treatment, lunch shaming or otherwise demeaning or stigmatizing the student for unpaid meal balances must not continue. We will continue to work to ensure all schools have the resources so all children have access to free meals while at school." More information is available in the Attorney General's opinion.

The Education Law Advocacy Project (ELAP) of Southern Minnesota Regional Legal Services (SMRLS) recently published a first-of-its-kind handbook on student education rights. Children's Education Rights: A Handbook for Professionals Working with Minnesota Students was developed as a guide to the issues students face and as a resource for additional support and information. The book was written and organized by Lilian Ejebe, ELAP lead attorney, and Cierra Johnson, certified student attorney, and supported by a grant from Proof Alliance and the Legal Services Corporation.

ELAP was started at SMRLS in 1995 to help families enforce the educational rights of students through a collaborative approach. ELAP has represented thousands of students and their families in obtaining educational services, empowering families in navigating the school system, and in some cases, improving educational policies at the school district level.

Laura Isenor, ELAP staff attorney and handbook contributor, said “This handbook is truly essential for a wide range of professionals working with Minnesota students. As a former prosecutor, I wish I had this book to reference when handling my juvenile and child protection cases. I recommend this handbook to anyone, from teachers to pediatricians to social workers, who has contact with Minnesota students in any capacity.”

Children's Education Rights: A Handbook for Professionals Working with Minnesota Students covers topics such as school choice, early childhood family education and learning, the Equal Educational Opportunities Act of 1974, students with a disability, students experiencing homelessness, students’ right to be free of discrimination, student discipline, and many more. The publication is available free of charge and for download on the SMRLS website.