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Microschool laws in California

Yes. California recognizes 3 legal pathways for families and 7 of 7 operator models are viable. Compulsory attendance (Cal

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14 primary sources cited·Last refresh May 6, 2026·Next review June 3, 2026
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Informational only, not legal advice. The MicroSchool Lab is not a law firm. State laws change; verify state-specific details with the cited primary source before making legal or financial decisions.
Operator modelsFunding programsCompulsory attendanceLicensingSources

For founders

How can I run a microschool in California?

California recognizes 7 canonical operator models. Each has different legal compliance pathways, capital requirements, and family relationships. Choose the one that fits your team. You can change later, but the legal mechanics differ enough that the choice shapes facility planning and scholarship eligibility.

Independent Private School

Viable

A standalone private K-12 school operating under the PSA pathway. Your school takes legal responsibility for enrolled students, files the PSA annually between October 1 and October 15, and operates without state accreditation, curriculum oversight, or teacher-credentialing requirements. The PSA is California's only state-level administrative filing for private schools — no license or approval process exists. Microschool operators commonly choose this model because it is simple, flexible, and avoids any state oversight beyond the annual affidavit.

Top requirements

  • Form business entity with the California Secretary of State (LLC or nonprofit corporation) at https://bizfileonline.sos.ca.gov.
  • Register with the California Department of Tax and Fee Administration (CDTFA) and Employment Development Department (EDD) if you have employees.
  • File the Private School Affidavit annually between October 1 and October 15 (online at https://www3.cde.ca.gov/psa). Mid-year starts require same-day PSA filing.

Watch for

  • California has NO ESA, voucher, or tax-credit scholarship program. Revenue must come entirely from private tuition — families pay out of pocket.
  • PSA filing is mandatory. Failing to file constitutes operating without the compulsory-attendance satisfier, exposing enrolled families to truancy issues.

Homeschool Cooperative

Viable

A shared-resource cooperative where families operate their own PSA-filed home-based private schools or enroll in a PSP. Each family typically files their own PSA (listing their home as the school address), and the co-op provides programming without being itself the compulsory-attendance satisfier. Some co-ops operate AS a PSP — they file one PSA as an umbrella school, enroll member families as students, and provide shared programming. Either structure works; the PSP umbrella model simplifies administration but requires the co-op to maintain comprehensive records.

Top requirements

  • Option A (loose co-op): Each family files its own PSA. Co-op provides shared programming but is NOT a legal satisfier.
  • Option B (PSP umbrella): Co-op incorporates as a nonprofit and files a single PSA as the umbrella private school. Co-op enrolls member families, maintains student records, issues transcripts/diplomas, and operates under the PSA's compliance framework.
  • Form business entity (nonprofit typical) with California Secretary of State.

Watch for

  • If the co-op itself enrolls students and provides substantial instruction, it is functioning as a private school and must file a PSA regardless of whether it markets itself as a "co-op."
  • PSPs that fail to file the PSA annually put every enrolled family in truancy jeopardy.

Certified Tutor Practice

Viable

A solo-instructor model operating under the credentialed private tutor exemption (§ 48224). Requires the tutor to hold a valid California teaching credential appropriate to the grade level (issued by the California Commission on Teacher Credentialing). Instruction must be at least 3 hours per day, 175 days per year, between 8 AM and 4 PM, in English, covering the several branches of study required in public schools.

Top requirements

  • Hold a valid California teaching credential (multiple-subject for K-6, single-subject for grade-level content, or education specialist) from the CTC.
  • Maintain documentation of credential and instruction schedule.
  • Instruct at least 3 hours per day, 175 days per year, 8 AM to 4 PM, in English.

Watch for

  • CTC credentialing is a real and non-trivial credential to obtain — this pathway is narrow.
  • Tutor exemption does not scale beyond a single instructor. Group tutoring with multiple tutors reclassifies as a private school, which must file a PSA.

Religious Community School

Viable

A faith-integrated K-12 program operating as a private school under the PSA pathway. California does not differentiate religious private schools from secular private schools in its regulatory framework — both file the PSA and operate under the same rules. Religious curriculum and content are unrestricted. California does not have a separate religious-school registration or exemption.

Top requirements

  • Same as Independent Private School above: file PSA, operate with persons capable of teaching, maintain attendance records, Live Scan every paid staff member with pupil contact under § 44237.
  • Religious curriculum content unrestricted by the state.
  • Comply with local zoning, occupancy, fire code.

Watch for

  • California employment law applies to religious schools including wage-and-hour and anti-discrimination rules; the ministerial exception applies only to bona fide ministerial roles.
  • No state funding available.

Childcare Preschool Program

Viable

A pre-compulsory-age program (typically children ages 2 to 6 and not yet enrolled in kindergarten) regulated by the California Department of Social Services (CDSS) Community Care Licensing Division under Title 22 CCR Division 12. Child care centers (commercial setting) and family child care homes (licensee's own home) require CDSS licensing. Programs located at a private elementary school that care for more than 95% of their own children may qualify for license-exemption.

Top requirements

  • Determine facility type and license: (a) Child Care Center for commercial facility → apply for CCC license with CDSS CCLD; (b) Family Child Care Home → apply for FCCH license; (c) Private elementary school-operated program serving ≥95% own children → license-exempt.
  • Center licensing: facility inspection, staff-to-child ratios (1:12 for preschool), fingerprint/background checks, 15 hours health/safety training for staff, capacity limits, CPR/First Aid certification.
  • Family child care home licensing: 8-child small home or 14-child large home; fingerprint/background checks; orientation; health and safety standards.

Watch for

  • California child care licensing is among the more stringent in the country — facility, ratio, training, and ongoing inspection requirements are substantial.
  • TK (transitional kindergarten) is a public program; California does not allow private schools to file a PSA for TK-only or pre-K-only programs (§ 33190 explicitly excludes grade levels below K).

Hybrid University Model

Viable

A part-time model where a private school operates 2-3 days per week on-site and coordinates at-home instruction for remaining days. Clean in California because the PSA pathway does not specify instructional hours or days — the school sets its own calendar. As a private school, hybrid programs can enroll any number of students, charge tuition, and satisfy compulsory attendance through enrollment.

Top requirements

  • Operate as a private school per § 48222 (file PSA annually, operate with persons capable of teaching, maintain attendance).
  • Set the school calendar to reflect on-site and at-home days; California does not mandate a specific instructional day count for private schools.
  • Document attendance for both on-site and at-home days.

Watch for

  • If structured as a PSP (umbrella) serving home educators, the PSP is responsible for attendance records of all enrolled students regardless of where instruction occurs.
  • No state funding available for hybrid programs.

Umbrella School Satellite

Viable

California's PSP structure IS functionally an umbrella-school satellite model. An established private school files the PSA and then operates satellite campuses, home-based member families, or affiliated micro-cohorts under the umbrella. Satellite operators typically pay the umbrella an annual fee in exchange for the umbrella's PSA filing, record-keeping, and compliance infrastructure. This is a legitimate and common model in California.

Top requirements

  • Identify and affiliate with an established California private school/PSP with a current PSA.
  • Enter a written affiliation agreement defining which administrative responsibilities sit with the umbrella (PSA filing, student records, transcripts) vs. you (instruction, facility, operational management).
  • Ensure the umbrella PSA covers your satellite location and enrolled students.

Watch for

  • Affiliation does NOT transfer umbrella status automatically — the umbrella must actually enroll each student and handle the PSA filing.
  • Fingerprinting under § 44237 applies to the umbrella and potentially to the satellite operator if operating as a separate employer.

For families

What programs help families pay for tuition?

California does not currently operate state-funded ESA, voucher, or scholarship programs.

Family-side compliance

How families satisfy compulsory attendance

California recognizes 3 legal pathways for families to satisfy compulsory attendance. The pathway determines who's legally on the hook (your microschool, the parent, or both) and shapes the operator model you should use.

Private School

Cal. Educ. Code § 33190, § 48222

A child between ages 6 and 18 may satisfy compulsory attendance by attending a full-time private school offering instruction in the several branches of study required in public schools of the state, taught by persons capable of teaching. Private schools are NOT required to be accredited, licensed, or approved by the California Department of Education (CDE). They ARE required to file the Private School Affidavit (PSA, also known as Form R-4) annually between October 1 and October 15 with the Superintendent of Public Instruction under § 33190.

Private School Satellite Program

Cal. Educ. Code § 33190, § 48222 (same as private school — PSPs operate under the private school umbrella)

A Private School Satellite Program (PSP) is a home-based instruction model where families enroll in an existing private school that has filed a PSA. The PSP (the umbrella private school) assumes the administrative responsibilities: filing the PSA, maintaining student records, issuing transcripts and diplomas, and in some cases providing curriculum support. The family retains day-to-day instructional responsibility at home. About 90% of California homeschoolers file their own PSA; most of the remainder enroll in a PSP. A microschool may operate as a PSP umbrella, enrolling families who wish to have a third party manage the affidavit and record-keeping.

Credentialed Private Tutor

Cal. Educ. Code § 48224

A child may satisfy compulsory attendance through instruction by a private tutor who holds a valid California teaching credential for the grades being taught. The tutor must provide instruction for at least 3 hours per day, 175 days per year, between 8:00 AM and 4:00 PM, in English. This is a narrow pathway because the tutor must hold an active California teaching credential (CTC-issued multiple-subject, single-subject, or education specialist credential).

Licensing triggers

When does California require a state license?

California imposes 3 state license requirements that may apply to your microschool. Most general microschools never trigger them.

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Operating a child care center (commercial setting, ages 2 through pre-K) serving children under compulsory attendance age

Cal. Health & Safety Code §§ 1596.70-1596.895; 22 CCR Div. 12, Ch. 1

Must obtain a Child Care Center license from CDSS Community Care Licensing Division. Licensing includes facility inspection, staff-to-child ratios (1:12 for preschool), staff fingerprinting and background checks, 15 hours health and safety orientation, CPR/First Aid, annual inspection, and ongoing compliance.

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Operating a family child care home in a residence

Cal. Health & Safety Code § 1597.40 et seq.; 22 CCR Div. 12, Ch. 3

Must obtain a Family Child Care Home license from CDSS CCLD. Small FCCH serves up to 8 children; large FCCH up to 14 with an assistant. Licensing includes home safety inspection, fingerprinting of licensee and adult household members, orientation, and ongoing monitoring.

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Operating a private elementary or high school that employs anyone in a position requiring contact with minor pupils

Cal. Educ. Code § 44237

Every private school offering elementary or high school instruction must require each applicant for employment in a position requiring contact with minor pupils to submit two sets of fingerprints to the California Department of Justice for DOJ and FBI criminal record review before employment begins. No minimum-employee threshold. Exemptions: secondary-school pupils working at the school they attend, and a parent or legal guardian working exclusively with their own children. Earlier exemptions for credentialed teachers were removed by AB 389 (2013).

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Verification

Primary sources

Every claim on this page traces to a primary source. The full list of state code sections, regulatory citations, and government program pages cited:

All sources cited (14)
Information current as of May 6, 2026. State laws and program policies change frequently. Verify with the cited primary source before making legal or financial decisions. Last reviewed by our research team on May 6, 2026; next scheduled review June 3, 2026. The MicroSchool Lab is not a law firm and does not provide legal advice.
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