For founders

How can I run a microschool in Pennsylvania?

Pennsylvania 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

An independent, nonreligious private microschool picks ONE of two legal shells: a licensed Private Academic School (highest regulatory burden but strongest legal standing and accreditation compatibility) OR operate under accreditation by a State-Board-approved accreditor in lieu of licensure. Act 372 religious registration is the lightest burden but only available to bona fide religious schools.

Top requirements

Form business entity in Pennsylvania (LLC or nonprofit) and obtain required local permits.
For Private Academic licensure: submit application to the State Board of Private Academic Schools including board-approved curriculum, governing board, financial statements, facility approvals (fire, health, zoning), secondary-teacher certifications, and a surety bond for tuition refunds under 22 Pa. Code Ch. 51.
For the accreditation alternative: obtain accreditation from a State-Board-approved accreditor (Middle States Association, ACSI, or similar).

Watch for

Failure to license or accredit when required exposes the operator to truancy referrals against enrolled families and a PDE cease-and-desist.
If the facility is not zoned and fire-marshal-approved for educational occupancy, Private Academic licensure is blocked until facility approvals are obtained.

Homeschool Cooperative

Viable

Each participating family files its own § 13-1327.1 affidavit with its resident district; the co-op delivers enrichment, electives, or core instruction without being the legal educator. Each family remains responsible for portfolio, standardized tests (grades 3, 5, 8), and year-end qualified-evaluator review. Co-op agreements should clarify that the co-op is NOT the school of record and is not supervising compulsory attendance.

Top requirements

Form a co-op legal entity (LLC or unincorporated association) and written family agreements disclaiming school-of-record status.
Each family files its own § 13-1327.1 affidavit (or unsworn declaration) with its resident district by August 1 each year.
Each family maintains a portfolio, administers standardized tests in grades 3, 5, and 8, and obtains a year-end qualified-evaluator review under § 13-1327.1(e).

Watch for

If co-op staff file evaluations for children they teach, PDE and the resident district may treat that as a conflict under § 13-1327.1(e) and reject the evaluation.
Families in different districts may encounter variation in how districts handle the affidavit — budget for supplemental district-level paperwork.

Certified Tutor Practice

Not viable

PA's § 13-1327(a) private-tutor pathway limits the tutor to children of ONE family. Not a viable microschool model in PA. Multi-family tutoring collectives must use the home-education cluster or a licensed/religious school shell.

Religious Community School

Viable

Register as a day school operated by a bona fide religious institution under § 13-1327(b) ("Act 372 school"). File annual enrollment report with PDE. Curriculum must cover the required subjects. Exempt from most PDE regulation and from PA teacher-certification requirements that apply to Private Academic Schools. Popular structure for Catholic, evangelical, classical Christian, and Jewish microschools.

Top requirements

Operate under a recognized religious organization (church, diocese, ministry) with a bona fide religious mission.
Register as an Act 372 school with PDE and file the annual enrollment report.
Provide instruction in the required subjects.

Watch for

If PDE does not recognize the operating entity as a bona fide religious organization, Act 372 registration may be challenged; a values-based mission without a religious institutional sponsor is not sufficient.
Act 372 schools are not automatically EITC/OSTC participants — separate application through PDE's approved K-12 schools list is required for scholarship participation.

Childcare Preschool Program

Viable

Early-childhood components serving children under age 6 must obtain a PA Department of Human Services (DHS) Child Care Certificate of Compliance — a Child Care Center license, Group Day Care Home license, or Family Day Care Home license depending on enrollment. Microschools serving ages 3–5 in a mixed-age environment commonly run a DHS-licensed preschool side-by-side with a K-up school shell. Keystone STARS participation unlocks early-childhood subsidy revenue.

Top requirements

Obtain the appropriate DHS Certificate of Compliance: Child Day Care Center (55 Pa. Code Ch. 3270) for 7+ unrelated children, Group Day Care Home (Ch. 3280) for 7–12 children in a residence, or Family Day Care Home (Ch. 3290) for 4–6 children.
Comply with staff ratios (1:4 infants, 1:10 preschool) and facility standards under the applicable chapter.
Complete Act 153 background checks for every staff member and volunteer.

Watch for

A K-up microschool that also serves 5-year-olds in an all-day program typically needs a DHS Certificate of Compliance in addition to its school shell — plan for dual licensure.
The boundary between the DHS-licensed preschool and the K-up school shell must be clearly documented for inspectors; mixed-age rooms require a facility license that covers the mix.

Hybrid University Model

Viable

Hybrid models (2–3 days on-site, remainder at home) are common in PA. Legally they collapse into one of the above shells: the on-site days are either a licensed Private Academic School / Act 372 school providing part-time enrollment, OR each family is a Home Education Program and the on-site days are a supplemental co-op. PA cyber charter schools (e.g., Commonwealth Charter Academy, PA Cyber) provide tuition-free online curriculum that some microschools wrap with in-person support — but this makes students public-school-enrolled, with attendance, testing, and reporting running through the cyber charter.

Top requirements

Choose a shell BEFORE opening: Act 372 / Private Academic School for part-time enrollment, OR Home Education Program co-op in which each family files its own § 13-1327.1 affidavit.
If wrapping a PA cyber charter, confirm the charter has approved the on-site co-location and document seat-time to the charter's attendance requirements.
Complete Act 153 background checks for co-op staff.

Watch for

Mixing models (holding out as a school while families also file Home Education affidavits) creates compliance confusion and triggers district scrutiny — pick one shell and commit.
Wrapping a cyber charter makes students public-school-enrolled; attendance, testing, and reporting requirements run through the cyber charter and the on-site program becomes supplemental.

Umbrella School Satellite

Not viable

Pennsylvania does not recognize umbrella-school or church-school satellite enrollment as a compulsory-attendance pathway. Families cannot enroll in an out-of-state umbrella (e.g., a TN or FL umbrella) and satisfy PA compulsory attendance. Each family must either file a § 13-1327.1 affidavit OR enroll in a PA-registered nonpublic school.

For families

What programs help families pay for tuition?

Pennsylvania funds private school tuition through 3 state programs.

Tax-Credit Scholarships

Educational Improvement Tax Credit (EITC) — K-12 Scholarship Component

EITC

Pennsylvania's largest tax-credit scholarship program, administered by DCED (not PDE). Donors (typically businesses) receive a PA tax credit for contributions to approved Scholarship Organizations (SOs) that provide scholarships to eligible K-12 students. Operator must apply to PDE for approval on the EITC K-12 school list; families apply for scholarships directly to DCED-approved SOs (e.g., Bridge Educational Foundation, Central PA Scholarship Fund, Children's Scholarship Fund Philadelphia, BLOCS). SO disburses tuition directly to the approved school. Authorizing statutes: 24 P.S. §§ 20-2001-B–2009-B; 72 P.S. § 8701-F.

Family eligibility (3 criteria)

Student household income ≤ $116,055 + $20,428 per dependent (current per DCED 2025-26 EITC/OSTC; indexed annually).
No prior public-school requirement.
Participating SOs set their own student-selection criteria within these caps.

School eligibility (3 criteria)

Apply to PDE for approval on the EITC K-12 school list (published annually).
Submit enrollment and scholarship-use data to the SOs.
Comply with § 1-5004 nondiscrimination provisions (race, color, national/ethnic origin) to maintain eligibility.

Tax-Credit Scholarships

Opportunity Scholarship Tax Credit (OSTC)

OSTC

Tax-credit scholarship program targeted at students residing within the attendance boundary of a "low-achieving school" (bottom 15% statewide on reading/math PSSAs; list published annually by PDE). Administered by DCED. Operator must apply for PDE approval as an OSTC-participating school; families apply through Opportunity Scholarship Organizations (OSOs), which must distribute at least 90% of annual contributions as scholarships within the fiscal year. Authorizing statute: 24 P.S. §§ 20-2001-C–2009-C.

Family eligibility (2 criteria)

Student resides in the attendance boundary of a low-achieving school (bottom 15% statewide on PSSAs; list published annually by PDE).
Household income ≤ $116,055 + $20,428 per dependent (same as EITC).

School eligibility (3 criteria)

Apply for PDE approval as an OSTC-participating school.
Submit enrollment and scholarship-use data to OSOs.
Comply with § 1-5004 nondiscrimination provisions.

Scholarship Granting Organizations

PASS / "Lifeline Scholarship" — PROPOSED (Not Enacted)

Lifeline-PASS-Proposed

Senate Bill 10 (2025) passed the Senate Education Committee; no House action. Prior-session funding was line-item vetoed by Governor Shapiro in August 2023. As drafted, the program would serve students assigned to bottom-15% schools with tiered income eligibility and awards of $2,500–$15,000 by grade band. NOT currently funded; do NOT promise this program to families.

Family-side compliance

How families satisfy compulsory attendance

Pennsylvania recognizes 4 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.

Home Education Program

24 P.S. § 13-1327.1

A parent/guardian "supervisor" files a notarized affidavit (or unsworn declaration) with the resident school district superintendent by August 1 annually or before instruction begins. The supervisor must hold a high school diploma or equivalent and have no felony convictions within the last 5 years in the offenses the statute enumerates. Required subjects at the elementary level include English (spelling, reading, writing), arithmetic, science, geography, history of US & PA, civics, safety (including fire prevention), health/physiology, physical education, music, and art; secondary adds algebra, biology/chemistry/physics, and world/US history. A portfolio with log, work samples, and standardized-test results in grades 3, 5, and 8 is required, and a year-end qualified-evaluator review is required. This is the most common legal basis for family-model microschools and learning pods in PA.

Private Tutor

24 P.S. § 13-1327(a)

Instruction by a private tutor is a narrow pathway: the tutor must hold a valid Pennsylvania teaching certificate, teach children of only ONE family, be compensated, and provide at least 180 days or 900/990 hours of instruction. A copy of the certification and criminal background check is filed with the superintendent. Not usable for multi-family microschools; included only to rule out as a planning option.

Religious Day School

24 P.S. § 13-1327(b) (Act 372 of 1972)

A day school operated by a bona fide religious institution ("Act 372 school") registers with PDE, provides instruction in the required subjects, and self-certifies compliance. Act 372 schools are exempt from most PDE regulation and from the teacher-certification requirements that apply to Private Academic Schools. This is a popular shell for religious microschools.

Private Academic School

Private Academic Schools Act, 24 P.S. § 6701 et seq.; 22 Pa. Code Ch. 51

Nonpublic, nonreligious schools serving preschool–12 that are not registered as Act 372 religious schools generally must obtain a Private Academic School license from the State Board of Private Academic Schools. License requirements include a board-approved curriculum, certified teachers (secondary), minimum instructional hours, facility/fire/health approvals, and financial disclosures. A nonpublic school accredited by a State-Board-approved accreditor (e.g., Middle States Association, ACSI) may operate in lieu of seeking Private Academic School licensure.

Licensing triggers

When does Pennsylvania require a state license?

Pennsylvania imposes 4 state license requirements that may apply to your microschool. Most general microschools never trigger them.

Serving children under age 6 in a non-parent-supervised setting (typically >3 unrelated children for more than a few hours/day)

55 Pa. Code Ch. 3270 (Child Day Care Centers), Ch. 3280 (Group Day Care Homes), Ch. 3290 (Family Day Care Homes)

Obtain a DHS (OCDEL) Certificate of Compliance: Child Day Care Center for 7+ unrelated children, Group Day Care Home for 7–12 children in a residence, or Family Day Care Home for 4–6 children. Comply with staff ratios (1:4 infants, 1:10 preschool), facility standards, and Act 153 background checks. A K-up microschool that also serves 5-year-olds in an all-day program typically needs a DHS certificate in addition to its school shell.

Operating a nonpublic, nonreligious K-12 school serving students compulsorily

22 Pa. Code Ch. 51 (Private Academic Schools Act; 24 P.S. § 6701 et seq.)

Obtain a Private Academic School license from the State Board of Private Academic Schools before operating. Application includes curriculum, governing board, financial statements, facility approvals (fire, health, zoning), staffing credentials, and a surety bond for tuition refunds. Alternatives: register as an Act 372 religious day school under § 13-1327(b), or operate under accreditation by a State-Board-approved accreditor (e.g., Middle States Association, ACSI). Failure to license when required exposes the operator to truancy referrals against enrolled families and a PDE cease-and-desist.

Accepting EITC or OSTC scholarship funds

24 P.S. §§ 20-2001-B et seq.; 24 P.S. §§ 20-2001-C et seq.

School must appear on PDE's annual published list of approved K-12 schools. Operator must submit enrollment and scholarship-use data to scholarship organizations. Must comply with § 1-5004 nondiscrimination provisions (race, color, national/ethnic origin) to maintain eligibility.

Employing staff with access to children

23 Pa.C.S. § 6344 (Child Protective Services Law); 24 P.S. § 1-111; Act 153 of 2014

Every employee and any volunteer with direct contact with children must obtain: (1) PA Child Abuse History Clearance, (2) PA State Police Criminal Record Check, (3) FBI fingerprint-based background check. Clearances renew every 60 months. Mandatory reporter training is required. These requirements apply to Act 372 religious schools and Private Academic Schools alike.

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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 (12)

Microschool laws in Pennsylvania

How can I run a microschool in Pennsylvania?

Independent Private School

Top requirements

Watch for

Homeschool Cooperative

Top requirements

Watch for

Certified Tutor Practice

Religious Community School

Top requirements

Watch for

Childcare Preschool Program

Top requirements

Watch for

Hybrid University Model

Top requirements

Watch for

Umbrella School Satellite

What programs help families pay for tuition?

Educational Improvement Tax Credit (EITC) — K-12 Scholarship Component

Opportunity Scholarship Tax Credit (OSTC)

PASS / "Lifeline Scholarship" — PROPOSED (Not Enacted)

How families satisfy compulsory attendance

Home Education Program

Private Tutor

Religious Day School

Private Academic School

When does Pennsylvania require a state license?

Serving children under age 6 in a non-parent-supervised setting (typically >3 unrelated children for more than a few hours/day)

Operating a nonpublic, nonreligious K-12 school serving students compulsorily

Accepting EITC or OSTC scholarship funds

Employing staff with access to children

Ready to plan your Pennsylvania microschool?

Primary sources