This is perhaps the most important question on the list and can directly impact the answer to many of the other questions. From staff education requirements to limits on how many kids can be on premises, schools are regulated differently than childcare facilities and vice versa. Getting an answer to this question will help you answer many of the others.  

Some people look to start a learning pod in a residential neighborhood, some a microschool in an area zoned commercial, and others a hybrid school in a rural area. Regardless of where you’re looking to put your school, zoning laws can cause headaches, which is why it’s important to figure out what zoning districts allow your school before you get started. Some of the key zoning requirements to look out for include whether your school will be automatically allowed in a zoning district or will instead need a discretionary permit (like a conditional use or special use permit) from your municipality. If a discretionary permit is required, you will probably need to submit an application and undergo hearings in front of your local government, which may or may not decide to let you operate in that location. You should also see if the property itself needs to comply with zoning requirements, for instance by satisfying a minimum lot size. If you are operating out of a home, you should determine if your local government considers you a home business (known in zoning codes as a “home occupation”) and whether you meet the requirements for home businesses. Common restrictions on home businesses include restrictions on how many paying customers you can have in your home at once, how many cars can come to your home each day, and sometimes even a requirement that you first obtain a permit.  

Requirements for educational licensing can vary not only from state-to-state but also depending on what the state labels your school as. For example, you may face different requirements if the state considers you a certified private school as opposed to a learning co-op. Nationwide, it is estimated that a little over half of microschool teachers are licensed educators. So before hiring any staff or starting your own school, make sure to check and see what licensing requirements your state has.

Most local governments also have building and fire safety code requirements you must meet before you can be granted a certificate of occupancy, even if other similar groups, such as Sunday schools, are already using the same space. We sometimes see fire marshals require microschools to install over $100,000 in fire sprinklers and other fire suppression equipment, even if the microschool is only using two or three classrooms in a building that has been used by similar groups for years. So nailing down the exact requirements before you commit to leasing or buying a space is important. 

Some states, such as Utah, Florida, and Georgia offer protections for microschools, which can help make it easier to get your school started and find students.