Microschools: Legal Considerations and Requirements You Must Know

Ever wondered if these tiny, personalized schools are even allowed? As of 2025, around 750,000 U.S. students, roughly 2 % of the school-age population, attend microschools, and that number has nearly doubled since the pandemic.

But what’s legal varies wildly from state to state. In some places, microschools must register as private schools, submit curriculums, and pass inspections. In others, they operate under homeschool laws with little oversight.

This blog will answer the main question: Are microschools legal? It will also walk you through the key legal aspects you need to address, helping you to lay a solid foundation for your microschool while avoiding common pitfalls. Let's break down the key legal aspects to consider so you can focus on what truly matters.

Key Takeaways

• Microschools are legal but state-regulated: States classify them under private schools, homeschool statutes, or learning pods.

• Teacher certification is often not required: Most states don’t mandate certified teachers for microschools.

• Curriculum must cover core subjects: Math, science, and language arts, with special provisions for students with disabilities.

• Student privacy and safety are essential: Microschools should follow FERPA-like privacy practices.

Are Microschools Legal?

Yes, microschools are legal in the United States, but how they operate legally depends on the state. Microschools often fall under existing education laws for private schools, homeschools, or learning pods. There is no single federal law covering microschools; instead, each state sets its own rules and oversight requirements. Some states require registration as private schools, others apply homeschool laws, and some offer education savings accounts (ESAs) to support microschool funding. 

Next, let’s see some basic legal requirements you need to know if you want to start microschooling. 

Basic Legal Considerations for Microschooling

It's essential to check your state’s education code, as the legal structure can influence curriculum choices, teacher certification, and student attendance requirements. Here are some legal considerations:

State Private School Laws

Many microschools register as private schools and must follow state requirements, including attendance reporting, curriculum standards, and sometimes teacher background checks, depending on the state’s education department guidelines.

Homeschool Statutes

Some microschools operate under homeschool laws, where families file intent-to-homeschool forms, track instructional hours, and comply with parent-led education rules rather than forming a separate private institution.

Compulsory Attendance Laws

Each state has laws requiring children of certain ages to attend school, and microschools must ensure they satisfy these laws through private, homeschool, or alternative education pathways recognized by the state.

Health and Safety Regulations

Microschools with physical locations often need to comply with local building safety codes, fire inspections, and health standards, similar to other private educational facilities, to ensure student safety and compliance.

Education Savings Account (ESA) Laws

In states like Arizona and Florida, families may use ESA funds to pay for microschool tuition, materials, and services, provided the microschool meets eligibility criteria set by the state’s education department.

Microschools are legally allowed but must follow the education laws of the state where they operate. Knowing the correct legal requirements helps microschools stay compliant and successful.

Teacher Certification Requirements for a Microschool

Microschools often have flexible staffing models, but whether teachers need certification depends on state laws and the school’s legal classification. Some states require certification for private school teachers, while others leave staffing decisions to the school founders.

Here are some requirements:

• Private School Laws

In states where microschools register as private schools, teacher certification may be required, though some states allow flexibility in private school staffing, focusing more on curriculum compliance and safety rather than teacher credentials.

• Homeschool-Like Microschools

Microschools operating under homeschool statutes typically do not require certified teachers, as parents or hired educators act as facilitators, and most states allow parent-led or non-certified instruction for homeschool students.

• State-by-State Variations

States like Pennsylvania and New York have stricter private school teacher requirements, while states such as Texas and Florida grant private educational institutions greater freedom to hire instructors without formal state teaching certifications.

• Special Education Requirements

If a microschool serves students with disabilities, some states require special education instructors to hold specific certifications to comply with Individuals with Disabilities Education Act (IDEA) service requirements and individualized education plans (IEPs).

• Accreditation and Funding Impact

Microschools seeking accreditation or public funding (such as ESA participation) may need to follow certification requirements outlined by the accrediting body or state education department to maintain compliance and funding eligibility.

Microschool teacher certification rules vary based on the school’s structure and state laws. Most commonly, you don’t need any certificate. 

Next, let’s see the registration process if you want to acquire a license to start microschooling. 

Registration Process for Licensing to Start a Microschool

Microschools follow different legal pathways depending on the state. While some states treat them as private schools, others allow them to operate under homeschool or learning pod statutes. Here’s a clear step-by-step process to help you start legally:

Step 1. Understand Your State’s Microschool Category

Begin by checking how your state legally classifies microschools, as private schools, homeschool co-ops, or unlicensed learning groups. For example, California treats microschools as private schools, while Texas generally leaves them unregulated if they fall under homeschool laws.

Step 2. Choose a Legal Business Structure

Decide whether to set up your microschool as a nonprofit corporation, limited liability company (LLC), or sole proprietorship. This affects your tax status, liability protections, and registration process. Many microschools choose nonprofit status for grant eligibility and community support.

Step 3. Register with the State Department of Education (DOE)

If your state requires it, submit a registration form or affidavit to the DOE. For instance, California microschools file a Private School Affidavit, while Florida requires schools to complete an annual private school survey. Requirements vary widely by state.

Step 4. Comply with Curriculum and Attendance Laws

States have compulsory education laws, meaning your microschool must offer instruction in core subjects and keep attendance records. States like New York have stricter curriculum guidelines, while others simply require reporting instructional hours.

Step 5. Meet Facility Safety and Zoning Codes

If operating from a physical location, comply with local fire safety, building codes, and zoning laws. This may involve inspections for smoke detectors, emergency exits, and classroom capacity. Some states require an occupancy permit even for home-based microschools.

Step 6. Register as an Employer if Hiring Staff

If your microschool hires teachers or staff, register with the IRS to obtain an Employer Identification Number (EIN). Also, register for state employment taxes and workers’ compensation insurance to comply with labor laws.

Step 7. Maintain Required Student Records

Keep up-to-date records for each student, including immunizations, attendance, academic progress, and emergency contact information. Many states require these records to be available for inspection upon request to ensure compliance with education standards.

Step 8. File Annual Reports or Renew Licenses

Most states require private schools to submit annual reports, renewal forms, or surveys to remain in good standing. For example, Florida’s DOE requires an annual private school survey to verify school operations and student enrollment.

The registration process for microschools depends on how your state defines them. Always consult your state’s Department of Education and local government to avoid legal surprises.

What are the Curriculum Standards for a Microschool?

Microschools often have flexible learning models, but they must still meet state-mandated curriculum standards depending on their legal classification.

Here are some curriculum standards to follow: 

• Core Subjects Coverage

Most states require microschools to offer instruction in essential subjects such as math, science, language arts, and social studies. While the teaching approach may be creative or project-based, the core content must align with the educational outcomes set by the state’s compulsory education laws.

• Instructional Hour Requirements

Many states specify a minimum number of instructional hours or days microschools must provide annually. For example, some states require 180 instructional days or a set number of hours per subject, ensuring students receive sufficient learning time across core disciplines.

• Flexibility in Teaching Methods

Microschools often have the freedom to design experiential, interdisciplinary, or hands-on learning experiences, as long as they cover the required subjects. States typically do not mandate how subjects are taught but expect students to achieve competency in the key learning areas.

• Alignment with Graduation Requirements

In states where microschools serve older students, the curriculum may need to align with state graduation requirements. This includes offering coursework that prepares students for standardized assessments, college readiness, or career and technical education pathways, depending on the state’s guidelines.

• Special Education Compliance

If a microschool serves students with disabilities, it must provide accommodations and modifications that align with the Individuals with Disabilities Education Act (IDEA). The curriculum should meet the educational goals outlined in the students’ Individualized Education Programs (IEPs).

Microschool curriculum standards aim to balance flexibility with accountability, ensuring students receive a complete education. While creative learning is encouraged, covering core academic subjects and meeting state education laws remains essential.

Student Privacy and Record-Keeping Health for a Microschool

Microschools must protect student privacy and maintain accurate health and academic records in compliance with state and federal laws. These practices ensure a safe learning environment and help meet legal requirements for student welfare and educational accountability.

Here are some practices to follow:  

• Compliance with FERPA

Microschools classified as private schools may voluntarily comply with the Family Educational Rights and Privacy Act (FERPA), which governs how student records are stored and shared. This includes safeguarding academic transcripts, attendance logs, and personal information from unauthorized access or disclosure.

• Health and Immunization Records

Most states require microschools to keep updated immunization and health screening records for enrolled students. These documents help protect public health by ensuring children meet state vaccination requirements, and they must be securely stored and made available during health inspections.

• Emergency Contact and Medical Information

Microschools should maintain emergency contact forms and medical care plans for each student. This includes allergy information, medications, and specific health needs, ensuring staff are prepared to respond quickly and effectively to student health emergencies during school hours.

• Secure Record Storage

All student records, whether digital or paper-based, should be securely stored using password-protected systems or locked cabinets. Microschools should establish clear data retention and destruction policies to prevent unauthorized access or accidental loss of sensitive student information.

• Parental Access and Consent

Parents have the right to access their child’s academic and health records. Microschools should establish clear processes for granting parental access, obtaining consent for data sharing, and notifying parents if there are changes in privacy policies or data breaches.

Maintaining strong privacy and health record practices is essential for creating a secure and legally compliant microschool. Consistent, organized record-keeping safeguards student well-being and builds trust with families.

Start Homeschooling and Microschooling with The School House Anywhere (TSHA)

The School House Anywhere (TSHA) is an educational program designed to provide high-quality, flexible, and portable learning experiences for homeschooling families, micro-schools, and education entrepreneurs. 

TSHA offers a comprehensive, developmentally aligned curriculum grounded in the American Emergent Curriculum (AEC). The AEC, developed by TSHA, is a hands-on educational framework for Pre-K to 6th grade. It connects subjects in real-world ways, encouraging children to explore, think creatively, and solve problems.

For homeschooling, we offer:

• Comprehensive Curriculum (AEC) for Pre-K to 6th grade.

• Educational resources (films, printables, worksheets).

• 24/7 live support and community for guidance.

• Focus on non-screen learning and progress tracking tools.

For microschooling, we offer:

• Focus on hands-on learning instead of administrative tasks.

• TSHA helps you find a space (home, church, etc.) to start your micro-school.

• Use TSHA’s resources for marketing, purchasing materials, and building your community.

• TSHA supports you with curriculum delivery, live support, and school operations.

• Track progress via Transparent Classroom and engage with parents through newsletters and the TSHA network.

Also, we do not support AI for students, but we believe in the power of AI. So, we offer AI-supported services only for parents and teachers to make their teaching process smooth and time-efficient!

Wrapping Up

To build a successful microschool, it's important to consider every aspect, from securing the required licenses and understanding teacher qualifications to having a strong curriculum, ensuring safety, and safeguarding student privacy. Each of these elements contributes to creating a thriving and impactful learning environment for your students. Remember, each state has its own set of rules and requirements, so staying informed and proactive is key.

Explore TSHA’s today and start your microschooling journey. Register as Parent or Educator.

FAQs

1. Can microschools partner with public schools for curriculum or resources?

Yes, in some states, microschools may form partnerships with public schools for extracurricular activities, special education services, or curriculum guidance. However, these partnerships are voluntary and subject to local school district approval and state laws.

2. Are there zoning restrictions for running a microschool from home?

Yes, local zoning laws may limit whether a residential property can be used for educational purposes. Microschool founders must check municipal zoning codes and may need special use permits or home occupation licenses to operate legally.

3. Do microschools qualify for federal education funding?

Microschools typically do not qualify for direct federal funding like public schools. However, some states allow microschools to access state funds through Education Savings Accounts (ESAs) or special grants if they meet specific eligibility criteria.

4. How many students can enroll in a microschool without additional licensing?

There is no universal limit; some states cap unlicensed learning pods at 5–10 students, while others allow more under private school laws. Exceeding state limits without proper licensing may classify your microschool as an unlicensed educational institution, risking penalties.