Microschools exist in a regulatory gray area where there are rarely clear guidelines. Are they schools? Homeschooling co-ops? Daycares? Tutoring centers? Or something else entirely? This answer affects how state educational laws apply to them, as well as local zoning codes, building regulations, fire safety codes, and a host of other regulations.
This regulatory uncertainty creates unpredictability for microschool founders. Even after thorough research, many legal questions remain unanswered. Here are seven tips to help microschool founders navigate these legal complexities.
1. Don’t be afraid to reach out to government officials directly.
Often, after a microschool does all their research, they still have unanswered questions about how regulations will apply to them. Consider going to the source; ask the regulators directly. You can even try going in person … and bringing some cookies to share. The more likeable you are, the more likely an official is to want to help you.
I talked to one microschool founder in North Carolina who tried reaching out to their town by email, only to be given the runaround for months: the town kept telling her to talk to the county, and the county kept telling her she needed to talk to the town. In that circumstance, consider asking for an in-person meeting with everyone involved. And don’t forget to be polite (even if you’re boiling inside!)
If you have concerns about bringing attention to yourself, you have other options. For instance, you may want to inquire without using any identifying information. For instance, you can try emailing without using your full name or an identifying email.
2. Get it in writing.
Get any conversations with government officials in writing. If the conversation happened by phone or in person, then follow up by email to “memorialize” what you understood to have been said. This is incredibly important. Conversations that aren’t in writing are more likely to be misunderstood.
For instance, just a few weeks ago, I had a conversation with a town official in Colorado on behalf of a microschool. He told me the microschool would have no problem operating under the zoning code and gave me a green light. I followed up by email, only to learn that the zoning officer had misunderstood the microschool’s business model, and that the microschool would not be able to operate without applying for a permit and undergoing a hearing. I am so glad I found that out before the microschool tried to open!
Conversations about laws and regulations tend to be much more thorough and precise when in writing. Plus, there are many benefits to having a paper trail.
(Beware! If a government official tells you that you can do something, this is often not legally binding! They might still be able to change their mind later! Getting it in writing is very helpful for several reasons, but it is not a guarantee.)
3. Push back and ask follow-up questions.
If you get an answer you don’t like, push back and ask follow-up questions. See if there’s a way that changing your business model could make it work. For instance, if a state official tells you that you will need to register as a private school, see if changing your days and hours of operation will get you a different outcome.
Perhaps even more important is how you handle an answer you do like. View answers critically instead of through rose-colored glasses. I know a couple in Utah who bought a property after the town told them they could “likely” use it to open their microschool for 40 kids. The town later told them they could only open with 16 kids, which wasn’t enough for the school to be financially viable. That couple now has to sell the property after owning it for just a few months. If you get an answer like “likely,” ask what information they will need to know to get it to “absolutely.”
4. Research before you commit.
If you have a choice in what town you’re going to operate in, research the local laws before you start shopping to rent or buy a space. Otherwise, you might find yourself with a deadline to submit an offer or application for the space, and you will be rushed to do your legal research.
In the course of your research, you might find that one town or county has much better laws than another. Or that one town wants to help you, while another is actively hostile. A town with a good attitude might be worth paying more in rent or a mortgage payment for.
5. Don’t forget to check with the HOA.
Even after you get the green light under state and local laws, you’re not done yet. Especially if the property is residential, make sure you don’t have an HOA or deed covenants that might restrict how you can operate. HOAs can be notorious for their strict rules and often have restrictions or outright bans on home businesses.
6. Be a good neighbor.
This is important for both microschools that haven’t started operating and those that have been operating for months or even years. In my experience, 90 percent of problems that businesses have with the local government happen because someone else complained. It can take just one complaint to a government official from a neighbor or somebody down the street to bring you into the government’s spotlight, and suddenly your microschool is in legal jeopardy.
Consider forming relationships with your neighbors before you even start operating. Introduce yourself, bring them a pie. Make sure they’re comfortable with what you’re doing, and if they’re not, look for compromises. Maybe it means changing how your families park or staggering drop-offs. Even if your neighbor is being a curmudgeon, see if you can still smooth the situation over before it escalates. This is a situation where an ounce of prevention is worth a pound of cure.
7. You don’t have to do this alone.
Use experts. Many microschool organizations have resources to help you with your legal research.
At the Institute for Justice, we may be able to help when the government is trying to force you to comply with laws that don’t make sense for your microschool. Perhaps the state is forcing you to register as a full-fledged private school (with all the red tape and requirements that entails), even though you only have 20 students. Or the local government is trying to shut you down because you don’t comply with its zoning code. Or the county is requiring you to install over $75,000 in building code and fire safety upgrades, even though your building is already perfectly fine.
If the government is treating you unjustly, contact us at the Institute for Justice at www.ij.org, or email me directly at esmith@ij.org. We may be able to help.
