Home/States/Georgia

Microschool laws in Georgia

Yes. Georgia recognizes 3 legal pathways for families and 5 of 7 operator models are viable. The state does not license or register general private schools; compulsory attendance (ages 6–16 under O.C.G.A

State knowledge, compiled from primary sources✓ Current
21 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.

For founders

How can I run a microschool in Georgia?

Georgia 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

Operate as an independent private school under O.C.G.A. § 20-2-690(b). Your school assumes full legal responsibility for enrolled students, meets the minimum statutory requirements (180 days × 4.5 hours, five core subjects, attendance records, compulsory-attendance reporting), and is not licensed, registered, or accredited by the state. Accreditation (SACS/Cognia, GAC, GISA, SAIS, ACSI) is optional but unlocks Georgia Promise Scholarship and Georgia Special Needs Scholarship eligibility.

Top requirements

  • Form business entity (LLC, corporation, or nonprofit) with the Georgia Secretary of State at https://ecorp.sos.ga.gov.
  • Register for state tax at Georgia Department of Revenue.
  • Operate at least 180 days/year × 4.5 hours/day of instruction; cover reading, language arts, math, social studies, and science.

Watch for

  • Georgia Promise Scholarship eligibility requires both school accreditation and student eligibility (student was enrolled in a qualifying public school OR is a rising kindergartener AND zoned to a public school on the Promise Scholarship school list). Budget 12–24 months if pursuing accreditation from scratch.
  • Private schools are NOT registered or licensed by Georgia, so there is no state "imprimatur" — families and scholarship programs look to accreditation as the quality signal.

Homeschool Cooperative

Viable

A shared-resource model where families retain full legal responsibility for their children's education under O.C.G.A. § 20-2-690(c). Each family files its own annual Declaration of Intent with GaDOE by September 1 and complies with the statutory requirements (parent diploma, 180 days × 4.5 hours, nationally standardized testing every 3 years starting at grade 3). Combined with the § 20-2-690(d) Learning Pod Protection, Georgia's homeschool-co-op framework is among the clearest in the country.

Top requirements

  • Form business entity (LLC recommended) with Georgia Secretary of State.
  • Structure operations as a shared homeschool resource, NOT as a school.
  • Maintain written agreements confirming each family files its own Declaration of Intent with GaDOE by September 1.

Watch for

  • Do not market as a "school" or call participants "enrolled students." Use co-op, pod, or learning community language to match the legal model.
  • If you start administering attendance, keeping academic records, or issuing diplomas, you may be treated as a private school — requiring the full § 20-2-690(b) compliance instead.

Certified Tutor Practice

Not viable

Georgia does not recognize a standalone "certified tutor" compulsory-attendance pathway. A child must attend a public school, a qualifying private school, or a home study program. A tutor may provide instruction within one of those frameworks — either as contracted staff of a private school, or as a tutor engaged by a home-study family. A tutor-only practice cannot itself satisfy compulsory attendance.

Religious Community School

Viable

Operate as an independent religious/denominational private school under O.C.G.A. § 20-2-690(b). The state does not distinguish between secular and religious private schools; the same operating requirements apply (180 days × 4.5 hours, five core subjects, attendance records, compulsory-attendance reporting). Faith integration of curriculum is unrestricted. Accreditation through ACSI is a common pathway and opens participation in the Georgia Promise Scholarship and Special Needs Scholarship.

Top requirements

  • Form business entity (often a nonprofit religious corporation) or operate as a ministry of an existing church with its tax-exempt status.
  • Operate at least 180 days × 4.5 hours per day; cover the five statutory subjects.
  • Report enrollment/attendance to the local superintendent.

Watch for

  • Promise Scholarship requires non-discrimination on race/color/national origin; verify religious-school admissions and hiring policies against program requirements.
  • Homeschool ministries hosted by churches should be careful not to drift into de facto private-school operation unless they file the required Declaration of Intent per enrolled family OR register the operation as a private school.

Childcare Preschool Program

Viable

A pre-compulsory-age program for children under 6 regulated by the Georgia Department of Early Care and Learning (DECAL) under O.C.G.A. Title 20, Chapter 1A. Licensing thresholds depend on number of unrelated children, facility type, and daily hours. Programs serving 7+ unrelated children typically require licensure. If any child has reached compulsory-attendance age, that child must have a separate compulsory-attendance pathway.

Top requirements

  • Regulated by Georgia Department of Early Care and Learning (DECAL), not GaDOE.
  • Family Child Care Learning Home: 3–6 unrelated children typically requires registration; 7+ children triggers full Child Care Learning Center licensure with staff ratios, background checks, training, and facility inspection.
  • Comply with DECAL health, safety, and staff-ratio rules; local zoning, occupancy, and fire code also apply.

Watch for

  • Childcare licensing is a distinct regulatory universe from K–12 private schools; more stringent ratios, background checks, and inspections.
  • Pre-K children are generally NOT eligible for the Georgia Promise Scholarship (K–12) but may be eligible for Georgia's CAPS childcare subsidies or Pre-K Program if the facility qualifies.

Hybrid University Model

Viable

A part-time school model operating 2–3 days per week at your site, with families completing instruction on remaining days under the home study program (§ 20-2-690(c)). Each family files its own Declaration of Intent with GaDOE; your hybrid provides programming, space, and curriculum support. Georgia's Learning Pod Protection reinforces the legal shelter for this model. If you operate 4–5 days per week and assume responsibility for attendance/records, you should reclassify as an independent private school instead.

Top requirements

  • Structure as a shared resource for home-study families, NOT as a private school.
  • Operate 2–3 on-site days per week; families complete remaining instruction at home.
  • Coordinate with families to ensure each files a Declaration of Intent with GaDOE by September 1.

Watch for

  • If operating 4+ days per week, you likely are not a home-study support and should register as a private school under § 20-2-690(b).
  • Families receiving Georgia Special Needs Scholarship funds must enroll in a participating private school — a home study pathway is not compatible with Special Needs Scholarship use.

Umbrella School Satellite

Not viable

Georgia does not have a statutory umbrella-school framework. Private schools are not registered by the state, and each school stands on its own statutory compliance. Theoretically, an established accredited private school could accept a satellite site under its own accreditation and compliance, but this functions as a branch campus rather than an umbrella arrangement — the parent school holds full responsibility for the satellite.

For families

What programs help families pay for tuition?

Georgia funds private school tuition through 4 state programs.

Education Savings Accounts

Georgia Promise Scholarship

GA-PROMISE

Georgia's first broad education savings account program, enacted as SB 233 in 2024 and launched for the 2025-26 school year. Administered by the Georgia Student Finance Commission (GSFC). Award is up to $6,500 per eligible student, deposited quarterly into an ESA. Funds may be used for participating private school tuition, fees, tutoring by a Georgia-certified educator, textbooks, therapies, curriculum, and transportation (capped at $500/year).

Family eligibility (4 criteria)
  • Student zoned to a public school attendance zone on the Promise Scholarship School List (lowest-performing 25% of Georgia public schools), as published by the Governor's Office of Student Achievement.
  • Student was enrolled in a Georgia public school for two consecutive FTE counts (one full year) immediately prior, OR is a rising kindergarten student.
  • Parent must be a Georgia resident for at least one year (active-duty military exception).
  • No household income cap — the program is income-agnostic for eligibility. Households with income ≤ 400% of federal poverty guidelines (~$129,000 for a family of four) receive PRIORITY consideration when applications exceed available funding.
School eligibility (5 criteria)
  • School must be a Georgia Promise Scholarship participating private school (apply during the April application window each year).
  • Must be accredited by a GSFC-recognized accrediting agency (Cognia/SACS, GAC, GISA, SAIS, ACSI, or similar).
  • Must not discriminate on the basis of race, color, or national origin.
  • Must accept the scholarship amount against tuition (direct pay via the Promise portal).
  • Must comply with GSFC reporting and audit obligations.
Tax-Credit Scholarships
100%

Georgia Qualified Education Expense (QEE) Tax Credit

GA-QEE

Established in 2008 (HB 1133) and amended multiple times (HB 325 2011, HB 283 2013, HB 217 2018, HB 517 2022). Georgia individual and corporate taxpayers may contribute to an approved Student Scholarship Organization (SSO) and receive a dollar-for-dollar state income tax credit (subject to an annual statewide cap). SSOs (such as Georgia GOAL, Georgia SSO, Arete, and others) use contributions to award scholarships to K-12 students transferring from public to private schools.

Family eligibility (2 criteria)
  • Student must be eligible to enroll in a Georgia public school (typically transferring from public to private, or entering K-1 for the first time).
  • SSO sets additional scholarship-specific criteria (often income-based preference).
School eligibility (3 criteria)
  • Private school must be accredited by a state-recognized accrediting agency.
  • Must partner with one or more approved SSOs; scholarships flow through the SSO to the school.
  • Must comply with SSO reporting requirements and scholarship-use rules.
Vouchers

Georgia Special Needs Scholarship (SB 10 / SB 47)

GA-SPECIAL-NEEDS

A voucher program for K-12 students with an Individualized Education Program (IEP). Created by SB 10 (2007) and expanded by SB 47 (2019). Administered by GaDOE. Scholarship amount is based on the student's IEP category and the state funding formula; average award is approximately $7,500 per year (individual amounts vary widely based on disability and services).

Family eligibility (2 criteria)
  • Student with a current Individualized Education Program (IEP).
  • Student attended a Georgia public school for at least one year immediately prior (or meets other statutory entry criteria).
School eligibility (3 criteria)
  • Private school must be accredited or in the process of becoming accredited by a GaDOE-recognized accrediting body.
  • Must register as a participating private school with GaDOE.
  • Must comply with program reporting, non-discrimination, and IEP service documentation.
Scholarship Granting Organizations

Federal Education Freedom Tax Credit (Federal Scholarship Tax Credit)

FSTC

Federal program established under the 2025 federal reconciliation package (One Big Beautiful Bill Act), officially the Educational Choice for Children Act of 2025. Provides a dollar-for-dollar nonrefundable federal tax credit of up to $1,700 per individual for donations to approved Scholarship Granting Organizations. States must opt in by filing IRS Form 15714; scholarships may be used beginning January 1, 2027. Governor Brian Kemp formally opted Georgia in on January 20, 2026 — Georgia is among roughly 23 states that had announced formal participation by early 2026. Scholarships are available to K-12 students from households at or below 300% of area median income. Existing Georgia SSOs (Georgia GOAL, Georgia SSO, Arete) are positioned to operate as federal SGOs once IRS guidance finalizes.

Family eligibility (3 criteria)
  • K-12 students from households at or below 300% of area median income (varies by GA locality).
  • Scholarships may be used for private-school tuition, tutoring, curriculum, and related approved educational expenses beginning January 1, 2027.
  • SGOs must be approved by the IRS and appear on the Georgia opt-in list; existing state SSOs are expected to apply for federal SGO status.

Family-side compliance

How families satisfy compulsory attendance

Georgia 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

O.C.G.A. § 20-2-690(b)

A child may satisfy compulsory attendance (ages 6–16) by attending a private school that meets the minimum statutory requirements: at least 180 days of instruction per year at 4.5 hours per day (or the equivalent), instruction in reading, language arts, math, social studies, and science, and specific enrollment records and attendance reporting. Georgia does NOT license, register, or accredit private schools at the state level. A school is a "private school" if it meets these minimum statutory requirements; no state approval is required.

Home Instruction

O.C.G.A. § 20-2-690(c)

A parent may provide home study to satisfy compulsory attendance. Parents file a Declaration of Intent with the Georgia Department of Education (GaDOE) within 30 days of establishing the program and by September 1 annually thereafter. Instructor must hold a high school diploma or GED. Instruction must include reading, language arts, math, social studies, and science and be equivalent to 180 days × 4.5 hours per day. Students are subject to nationally standardized testing every three years beginning at the end of third grade; test results are retained by parents and need not be submitted to the state.

Learning Pod

O.C.G.A. § 20-2-690(d) (Learning Pod Protection)

Georgia explicitly protects learning pods — voluntary associations of parents who group their K–12 children at various times or places to participate in or enhance a remote learning option offered by the child's primary educational program. Payment for services does not alter pod status. Any state/local law, regulation, or guideline regulating a learning pod must (i) not unduly impede parental care/supervision, (ii) not single out educational gatherings while leaving similar recreational/social gatherings unregulated, and (iii) be narrowly tailored to protect public health and safety.

Licensing triggers

When does Georgia require a state license?

Georgia imposes 2 state license requirements that may apply to your microschool. Most general microschools never trigger them.

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Serving preschool-age children above the family-home threshold

O.C.G.A. Title 20, Chapter 1A (DECAL licensing); Ga. Comp. R. & Regs. Chapter 591

Programs serving children under compulsory-attendance age above statutory thresholds must be licensed or registered by the Georgia Department of Early Care and Learning (DECAL). Family Child Care Learning Home (3–6 children) requires registration; Child Care Learning Center (7+) requires full licensure including staff ratios, background checks, training, and inspection.

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Operating a school primarily serving students with disabilities and accepting GA Special Needs Scholarship

O.C.G.A. § 20-2-2110 et seq. (Special Needs Scholarship)

Schools that hold out special-needs programming and accept Georgia Special Needs Scholarship students must register as participating private schools with GaDOE, meet accreditation or accreditation-candidate requirements, document IEP service delivery, and comply with GaDOE audit and reporting obligations.

Ready to plan your Georgia microschool?

Plan it. Local market research, tuition and capacity modeling, financials, and your pre-launch checklist.

Run it. Enrollment pipeline, family records, attendance, gradebook, parent messaging, billing and collections, and monthly close.

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 (21)