How to Accommodate Microschools

This is an item in our Local Government Toolkit

In addition to public, charter, and private schools, a relatively new type of school is coming to your city — microschools. Like the name suggests, microschools have smaller class sizes and buildings than typical schools.

Here in Utah, there are two types of microschools, each with their own statewide definition:

  1. Home-based Microschool: a registered business that, for compensation, provides K-12 education services to 16 or fewer students from an individual’s residential dwelling, accessory dwelling unit, or residential property.
  2. Micro–Education Entity: a registered business that, for compensation, provides K-12 education services to 100 students or fewer.

In the past, some cities have classified these schools as daycare centers, but with the passage of SB 13 in 2024 the state clarified that both types of microschools are their own, distinct type of land use with their own requirements and student limits. For example, a home-based microschool can have up to 16 students as long as they have at least 35 net square feet per student.

Those operating home-based microschools or micro-education entities for compensation will need to:

  • Get a business license
  • Schedule a fire inspection
  • Get a local health department permit only if the home-based microschool will prepare and serve food (as defined by the state health department)

Furthermore, cities have latitude to regulate various aspects of microschools, such as parking, hours of operation, signage, noise, etc. We recommend cities focus on a narrow set of potential issues that affect the neighborhood as a whole, such as those addressed in our model ordinances.

Are you a local elected official and interested in chatting with us more about this topic? Please reach out to us at localgovt@libertas.institute—we’d love to chat!

Resources:

Relevant Libertas Work:

Author Profile Image
About the author

Lee Sands

Lee is the Local Government Policy Analyst at Libertas Institute. He has had a lifelong passion for research, writing, entrepreneurship, local government, and building relationships with people from all walks of life. Before joining Libertas, Lee worked as a technical writer, covered tech and local events as a journalist, developed websites, launched a Kickstarter campaign, and helped businesses create budgets and integrate accounting and other systems. A native of rural northeast Florida, Lee moved to Provo, Utah in 2004. Since graduating from BYU and attending the Vermont College of Fine Arts, Lee has started a family, become increasingly active in local politics as a volunteer, and now joins Libertas to be a resource for elected officials and the general public. Lee enjoys camping, fishing, Jeeping, history, and all things creative and analytical.

Share Post:

Fighting for a Future Where Individuals Are Fully Liberated to Pursue Their Dreams, Free from Coercion and Control.

You Might Also Like

States like Utah and Colorado are quietly rewriting the rulebook on how workers can survive—and thrive—in the age of AI and automation.
Could it be that a new federal school choice program, which looks like a win for parents, is actually a Trojan horse for more federal control over education?
Could a Utah rail case unlock the future of nuclear energy across America? — A Supreme Court ruling just changed the game.

Help us Nail and Scale Policies to Reduce Government Control

Your tax-deductible contributions to Libertas Institute increase freedom across the country.