Home/States/Montana

Microschool laws in Montana

Yes. Montana recognizes 2 legal pathways for families and 6 of 7 operator models are viable. Both pathways share a single short statute — MCA 20-5-109 — requiring attendance records, minimum instructional hours, a basic instructional program matching public-school subjects, and (for home schools) annual notice to the county superintendent

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30 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 Montana?

Montana 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 nonpublic school model where your program takes legal responsibility for enrolled students under MCA 20-5-109. No state approval required — your school simply must meet the four statutory requirements (attendance records, aggregate instructional hours, organized course of study, basic subjects) and be prepared to show records on county-superintendent request. Microschools in Montana often operate this way because the state regulatory overhead is minimal.

Top requirements

  • Form entity with Montana Secretary of State (LLC or nonprofit corporation) at https://sosmt.gov/business/.
  • Register for Montana state taxes with the Montana Department of Revenue at https://mtrevenue.gov (state income tax applies; no general sales tax in MT).
  • Maintain daily attendance records ready to produce to the county superintendent on request.

Watch for

  • The absence of state approval or accreditation means Montana nonpublic school credits are NOT automatically transferable to Montana public schools — public districts make per-student placement decisions. Accreditation via a recognized body (NWAC, ACSI, etc.) is optional but can improve transferability and open scholarship-eligibility.
  • If your primary population is students with disabilities, you may trigger special-education provider requirements through OPI — verify before enrollment.
Programs available
SSO_TCFSTC

Homeschool Cooperative

Viable

A shared-resource model where each family retains legal responsibility under MCA 20-5-109. You provide programming, space, and support; each family files its own annual notice of intent with the county superintendent and maintains its own attendance records and course of study. Montana's light regulatory environment makes this an attractive model.

Top requirements

  • Form entity (LLC typical) with Montana Secretary of State.
  • Document the model in writing with each family: each family files its own annual notice with the county superintendent.
  • Do NOT issue transcripts, report cards, or diplomas — that would signal nonpublic-school operation.

Watch for

  • Marketing as a "school" or issuing school-style records can reclassify you as a nonpublic school — still allowed under MCA 20-5-109, but the legal status of your families changes (they would no longer be home-schoolers).
  • Each family must file its own annual notice; missing the notice voids the home-school exemption for that child.

Certified Tutor Practice

Not viable

Montana statute does not create a standalone "certified tutor" satisfier. Instruction by a tutor must operate under the nonpublic-school or home-school wrapper of MCA 20-5-109. A tutor-led program that enrolls compulsory-age students is, legally, a nonpublic school — which is fine, but means the tutor must comply with the four MCA 20-5-109 requirements as a school, not as an individual tutor.

Religious Community School

Viable

A faith-integrated nonpublic school operates under the same MCA 20-5-109 pathway as a secular one. There is no separate religious-school exemption statute and no state curriculum review. Religious schools commonly pursue ACSI accreditation, which is optional but useful for credit transfer and signals program quality.

Top requirements

  • Same as Independent Private School: MCA 20-5-109 compliance.
  • No state curriculum review; religious content may be fully integrated.
  • Standard entity registration with MT SOS; 501(c)(3) optional but common.

Watch for

  • There is no Montana religious exemption from compulsory attendance separate from the nonpublic/home-school pathways.
  • Accepting SSO Tax Credit scholarships is permitted regardless of religious character, but the SSO program rules governing qualified education providers still apply.
Programs available
SSO_TCFSTC

Childcare Preschool Program

Viable

A pre-compulsory-age program for children under 7 (Montana compulsory age is 7) regulated by Montana Department of Public Health and Human Services (DPHHS) Early Childhood and Family Support Division under MCA Title 52, Ch. 2, Part 7 and ARM Title 37, Ch. 95. Providers serving 7+ children on a regular basis must be licensed or registered; smaller home-based programs may be exempt or eligible for relative-care / FFN registration.

Top requirements

  • Determine program type by enrollment: providers serving 7+ children on a regular basis require licensure or registration.
  • Apply with DPHHS Early Childhood and Family Support Division — three categories are Family Child Care Home, Group Child Care Home, and Child Care Center.
  • Complete federally compliant background checks (criminal, child/adult protective registries) for all staff and household members.

Watch for

  • Montana compulsory age is 7 (not 6) — children under 7 do NOT need a compulsory-attendance satisfier; this makes pre-K and early-K programs particularly simple.
  • When a child turns 7, they need a compulsory-attendance satisfier (nonpublic school enrollment or home-school notice) even if your program continues to call itself "kindergarten."

Hybrid University Model

Viable

A 2–3 day-per-week on-site model where families remain in home-school status under MCA 20-5-109. Each family files its own annual notice with the county superintendent; your program is a shared learning resource on on-site days. Montana's permissive home-school regime makes this model particularly operator-friendly.

Top requirements

  • Same as Homeschool Cooperative: family-filed annual notices, family-held records.
  • Schedule 2–3 on-site days; families direct instruction at home the remaining days.
  • Written family agreements documenting split-schedule and family responsibility.

Watch for

  • 4–5 day operation plus full curriculum direction can shift classification to a nonpublic school — still allowed under MCA 20-5-109, but families' status changes.
  • Coordinate aggregate hours and course-of-study coverage with families to help them meet MCA 20-5-109 requirements.

Umbrella School Satellite

Viable

Unlike states with formal school-approval regimes, Montana's light-touch nonpublic school statute means a "satellite" arrangement is legally indistinct from operating as a standalone nonpublic school — any site that meets MCA 20-5-109 independently qualifies. Satellite arrangements are usually done for shared branding, curriculum, or accreditation (e.g., operating under ACSI or a consortium) rather than for regulatory recognition.

Top requirements

  • Form entity for the satellite operation with Montana SOS.
  • Written affiliation agreement with the umbrella school defining accreditation, curriculum, records, and shared services.
  • Satellite must independently meet MCA 20-5-109 — attendance records, aggregate hours, organized course of study, basic subjects.

Watch for

  • Because Montana does not require state approval for nonpublic schools, "umbrella" arrangements here are functionally about shared accreditation/branding, not about regulatory cover.
  • If the umbrella school is out-of-state, verify that the satellite has its own Montana SOS registration and independently meets MCA 20-5-109.
Programs available
SSO_TCFSTC

For families

What programs help families pay for tuition?

Montana funds private school tuition through 3 state programs.

Education Savings Accounts

Montana Special Needs Equal Opportunity Education Savings Account (HB 393, 2023) — CURRENTLY BLOCKED

SPECIAL_NEEDS_ESA

Education savings account program for students with disabilities with an IEP under IDEA, enacted in 2023. Award amounts roughly $5,500 (elementary) to $8,000 (secondary), funded by redirecting state and local per-pupil funds. On December 9, 2025, the Montana First Judicial District Court (Judge Abbott) blocked the program on state constitutional grounds (Disability Rights Montana v. State). The court issued a stay allowing currently enrolled ESA students to continue receiving reimbursements for approved educational expenses through June 30, 2026. As of April 2026, NO NEW ENROLLMENTS are being processed. Treat this program as UNAVAILABLE for new microschool planning until litigation resolves.

Family eligibility (2 criteria)
  • Student with an IEP under IDEA (autism, intellectual disability, hearing/visual/speech/language impairment, emotional disturbance, orthopedic/health impairment, TBI, or specific learning disability).
  • Program PAUSED for new enrollments as of December 2025 court ruling.
School eligibility (2 criteria)
  • Program administered by OPI; participating schools/providers must be qualified education providers under OPI rules.
  • Program currently blocked — do not build financial model around this revenue stream until litigation resolves.
Tax-Credit Scholarships
100%

Montana Student Scholarship Organization Tax Credit

SSO_TC

A 100% (dollar-for-dollar) Montana state income-tax credit for contributions to approved Student Scholarship Organizations (SSOs), which provide scholarships to students at qualified education providers (typically accredited/recognized nonpublic schools). Maximum individual/corporate donation is $200,000 per year (married filing jointly up to $400,000). Statewide aggregate cap for 2026 is $7.2M (program escalates 20% annually when the prior year's cap is ≥80% claimed — in 2026 the cap cleared in under 6 minutes, indicating heavy demand and continued escalator likely for 2027).

Family eligibility (2 criteria)
  • Scholarship student must be eligible to enroll in a Montana public school.
  • Scholarship may not exceed 50% of the state per-pupil aid; average scholarship at any SSO may not exceed 30% of state per-pupil aid.
School eligibility (3 criteria)
  • Schools participating as qualified education providers must be accredited or otherwise meet the SSO program's provider definition — verify with your chosen SSO (e.g., ACE Scholarships Montana, Big Sky Scholarships).
  • Tax credits reserved first-come-first-served through the Montana DOR portal; schools should educate donors on the January reservation window because the cap has cleared in minutes two years running.
  • Schools receive scholarship funds from the SSO on behalf of named students; maintain attendance and enrollment documentation for SSO audits.
Tax-Credit Scholarships
100%

Montana Innovative Educational Program Tax Credit

INNOVATIVE_ED_TC

A 100% Montana state income-tax credit for contributions to Montana PUBLIC school districts for "innovative educational programs" (college-credit programs, career/work-based learning, technology, services for students with disabilities, advanced learning opportunities). Not generally applicable to private microschools as recipients; listed here because donors who want to support K-12 in MT may split between SSO-TC (private) and IEP-TC (public). 2026 aggregate cap $7.2M (public-school side), claimed in minutes.

Family eligibility (1 criteria)
  • Recipient is a Montana PUBLIC school district; private/nonpublic schools are NOT eligible recipients.
School eligibility (1 criteria)
  • Not applicable to nonpublic microschools as recipients. Listed for context.

Family-side compliance

How families satisfy compulsory attendance

Montana recognizes 2 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

MCA 20-5-102, 20-5-109 (as amended by HB 778, 2025)

A child ages 7–16 may satisfy compulsory attendance by attending a nonpublic school that meets four basic requirements: (i) maintains pupil attendance records available to the county superintendent on request; (ii) provides at least the minimum aggregate hours of pupil instruction under MCA 20-1-301 / 20-1-302; (iii) provides an organized course of study covering the subjects required of public schools under MCA 20-7-111; and (iv) (for nonpublic schools) no state-level approval or registration requirement. HB 778 (2025) repealed the former subsections requiring building health/safety compliance and immunization record filing.

Home Instruction

MCA 20-5-109 (as amended by HB 778, 2025)

A parent may home-school their own child to satisfy compulsory attendance. The parent files annual notice with the county superintendent of the county where the home school is located and meets the same four basic requirements that apply to nonpublic schools: attendance records, minimum aggregate instructional hours, organized course of study matching public-school subjects, and (for home schools only) the annual notice. Families retain full legal responsibility; HB 778 (2025) simplified the regime by eliminating the former immunization record and building health/safety filings.

Licensing trigger

When does Montana require a state license?

Montana imposes one state license requirement that may apply to your microschool. Most general microschools never trigger it.

!

Operating a childcare/preschool for children under compulsory age serving 7+ children on a regular basis

MCA Title 52, Ch. 2, Part 7 (52-2-704 et seq.); ARM Title 37, Ch. 95 and Ch. 96

DPHHS Early Childhood and Family Support Division license or registration required. Three categories: Family Child Care Home (registration; up to 6 children), Group Child Care Home, and Child Care Center. Application includes background checks for all staff and household members, staff-child ratios, training requirements, facility inspection, and license/registration fees. Providers serving fewer than 7 children on a regular basis generally exempt but may opt into registration (e.g., for child-care scholarship funding).

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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 (30)
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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