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Microschool laws in Texas

Yes. Texas recognizes 2 legal pathways for families and 6 of 7 operator models are viable. The Texas Education Agency (TEA) does not regulate, register, monitor, approve, or accredit private schools — accreditation through the Texas Private School Accreditation Commission (TEPSAC) is optional but important for credit transfer and for participation in the state's new ESA

State knowledge, compiled from primary sources✓ Current
22 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 Texas?

Texas 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 parent-responsibility-free model where your microschool assumes full legal responsibility for enrolled students. You register a business entity with the Texas Secretary of State, operate under the § 25.086(a)(1) private-school exemption, teach good citizenship as part of the curriculum, and families satisfy compulsory attendance by enrolling with you. Texas imposes no state-level registration, accreditation, teacher-certification, days/hours, or reporting requirement on private schools — but TEPSAC or TEA-recognized accreditation plus two years of continuous operation are required to participate in the Texas Education Freedom Accounts (TEFA) program.

Top requirements

  • Form business entity with Texas Secretary of State (LLC via Form 205, $300 filing fee) at https://www.sos.state.tx.us/corp/forms_boc.shtml.
  • Register for Texas franchise tax with the Texas Comptroller of Public Accounts at https://comptroller.texas.gov.
  • Include "good citizenship" as a stated curriculum component — this is the statutory trigger for the § 25.086(a)(1) exemption.

Watch for

  • TEPSAC accreditation is not accepted by TEA for admission to public school credit transfer UNLESS the school is a TEPSAC member — unaccredited schools' credits/grade-level placements are not required to be accepted by Texas public schools (TEA is explicit that it does not 'monitor, approve, register, or accredit' private schools).
  • TEFA program's 'two years of continuous operation' requirement is a hard barrier for brand-new microschools — plan funding runway accordingly if scholarship revenue is part of your model.

Homeschool Cooperative

Viable

A shared-resource model where families operate their own home schools (legally private schools under Leeper) and use your facility and programming as a cooperative. Because Texas has no home-instruction filing or reporting requirement, co-ops are operationally extremely simple — no NOI, no assessments, no portfolios. Your role is to provide space, curriculum support, and programming; each family retains legal responsibility for meeting the Leeper five-subjects / bona-fide-instruction standard. Co-ops typically operate 1-3 days per week.

Top requirements

  • Form business entity (LLC recommended) with Texas Secretary of State at https://www.sos.state.tx.us.
  • Structure operations and marketing as a shared homeschool resource, NOT as the children's school. Families are using the Leeper private-school exemption at home; your co-op is a supplement.
  • Maintain written agreements with families documenting that each family independently conducts bona fide instruction in reading, spelling, grammar, mathematics, and good citizenship and uses a visual curriculum.

Watch for

  • Do not market as a "school" or refer to participants as "enrolled students" — use co-op, learning community, or shared homeschool resource language.
  • Do not issue school-style transcripts, report cards, or diplomas. Families keep their own records under the home-school-as-private-school framework.

Certified Tutor Practice

Not viable

Texas does not have a certified-tutor exemption. There is no statutory pathway analogous to Virginia's § 22.1-254(A) certified-tutor option — Texas relies on the private-school exemption (§ 25.086(a)(1)) and the Leeper home-school interpretation to cover parent-delivered and tutor-delivered instruction. A tutor operating a small-group practice would typically structure as either an Independent Private School (students enroll in the tutor's "school") or as a tutoring service supporting families who are home-schooling under the Leeper framework. No state tutor credential or approval exists.

Religious Community School

Viable

A congregation-connected model operating as a parochial school under the § 25.086(a)(1) exemption. Same requirements as Independent Private School — Texas does not distinguish between secular and religious private schools and imposes no state oversight on curriculum. Faith integration is fully permitted. TEFA eligibility requires the same accreditation and two-year operational history as any other private school.

Top requirements

  • Same structural path as Independent Private School: form Texas entity, include "good citizenship" in curriculum, comply with local zoning/occupancy/fire code.
  • Curriculum integration with religious doctrine is unrestricted; no state review of curriculum content.
  • If affiliated with a church, evaluate whether to operate as a ministry of the church (church corporate umbrella) or as a separate nonprofit/LLC — tax and liability implications differ.

Watch for

  • Texas allows religious schools the same latitude as secular private schools — but accreditation bodies may impose their own doctrinal or curricular requirements once you seek accreditation for TEFA purposes.
  • Church-affiliated operations should confirm with counsel whether the school operates under the church's 501(c)(3) or needs its own entity, particularly if accepting TEFA funds.

Childcare Preschool Program

Viable

A pre-compulsory-age model for children under 6 (compulsory attendance in Texas begins at age 6 per § 25.085). Licensing is handled by HHSC Child Care Regulation under Texas Administrative Code Title 26 Chapter 746 (centers) and Chapter 747 (child-care homes). Licensing triggers depend on facility type, number of unrelated children, and hours. Kindergarten-age children (age 5) are not yet subject to compulsory attendance unless previously enrolled in first grade.

Top requirements

  • Regulated by Texas Health and Human Services Commission (HHSC) Child Care Regulation — NOT TEA.
  • Listed Family Home: 1-3 unrelated children, operating in provider's home — requires HHSC listing.
  • Registered Child-Care Home: up to 6 unrelated children (12 total including provider's own) — requires HHSC registration.

Watch for

  • HHSC childcare licensing is a substantively different regulatory universe from K-12 private schools — staff ratios, background checks, training hours, facility inspections, and licensing fees apply.
  • HHSC adopted new Administrator's Licensing rules effective early 2025 and updated Minimum Standards for Child-Care Centers in late 2024/2025 — verify the current Chapter 746 version before opening.

Hybrid University Model

Viable

A part-time program where children attend 2-3 days per week at your facility and complete instruction at home the remaining days under the Leeper home-school-as-private-school framework. Because Texas has no home-instruction filing requirement, hybrid programs are operationally straightforward — no NOI to file, no assessment to coordinate. Families can also elect to enroll in your program as their primary private school (Independent Private School model) if you are issuing transcripts and taking academic responsibility.

Top requirements

  • Decide at structure: is your hybrid a homeschool co-op (families use Leeper home-school framework) or a part-time private school (your program is their school of record)? The distinction drives whether you issue transcripts.
  • For the co-op framing: same as Homeschool Cooperative — no transcripts, families are responsible for bona fide instruction in the five subjects on the days they are at home.
  • For the part-time private school framing: same as Independent Private School — include good citizenship in curriculum, issue transcripts, accept academic responsibility.

Watch for

  • Confusion between the co-op framing and the part-time-private-school framing is a common source of trouble. Pick one and align marketing, records, and agreements.
  • If expanding past 3 days/week with primary academic responsibility, reclassify as Independent Private School — especially important if pursuing TEFA eligibility where 'private school' status matters.

Umbrella School Satellite

Viable

A satellite model operating under an established Texas private school's accreditation. Because Texas imposes no state registration on private schools, there is no statutory framework for "umbrella schools" specifically — but nothing prevents an accredited school from operating satellite campuses under its governance. Useful primarily for TEFA eligibility: a satellite operating under an umbrella school that has two-plus years of continuous operation and TEPSAC/TEA-recognized accreditation may be able to inherit that status, though this is accreditor-specific and not guaranteed.

Top requirements

  • Negotiate a formal written affiliation agreement with an established TEPSAC-accredited Texas private school specifying that the satellite operates under the umbrella's accreditation, governance, and policies.
  • Confirm in writing with the umbrella school's accrediting body (e.g., TEPSAC member association) that the satellite is covered under the umbrella's accreditation — accreditor policies vary.
  • Form a Texas business entity for the satellite or operate as a branch location of the umbrella entity — tax and liability implications differ.

Watch for

  • Accreditor recognition of satellite arrangements varies widely. Some TEPSAC member bodies require each campus to be separately accredited; others extend accreditation to satellites for a fee.
  • TEFA rules require the accredited school to have two years of continuous operation — verify whether a newly opened satellite inherits that history or must establish its own.

For families

What programs help families pay for tuition?

Texas funds private school tuition through 3 state programs.

Education Savings Accounts

Texas Education Freedom Accounts (TEFA)

TEFA

Texas's first statewide ESA/voucher program, created by SB 2 of the 89th Legislature (2025) and administered by the Texas Comptroller of Public Accounts. Funded at $1 billion for the 2026-27 school year — the largest day-one ESA launch in U.S. history. Funds flow to an ESA managed by the Comptroller and can be used for tuition, instructional materials, tutoring, therapies, and other preapproved educational expenses. First application window ran February 4 – March 31, 2026.

Family eligibility (5 criteria)
  • Texas resident child who is a U.S. citizen or lawfully admitted.
  • Students age-eligible for kindergarten through grade 12 are eligible to apply for the private-school track.
  • Students with an IEP issued by a Texas public school district or open-enrollment charter school qualify for the higher $30,000 award tier.
  • Homeschooled or not-enrolled students may receive up to $2,000 annually on the homeschool track.
  • Program operates on prioritized-draw basis if applications exceed funding; low-income and students with disabilities receive priority.
School eligibility (6 criteria)
  • Private school must be located in Texas.
  • Private school must be accredited by an organization recognized by the Texas Private School Accreditation Commission (TEPSAC) or another accreditor recognized by the Texas Education Agency.
  • Private school must have been in continuous operation for at least two school years preceding the date of application to participate.
  • Private school must annually administer a nationally norm-referenced assessment to participating students in grades 3-12.
  • Pre-accreditation (candidate) status is NOT accepted; full accreditation is required.
  • Participating schools are subject to TEFA program audits and reporting requirements administered by the Comptroller.
Education Savings Accounts

TEFA Homeschool Track

TEFA-Homeschool

The TEFA program's homeschool track pays up to $2,000 per student per year for families who homeschool or do not enroll in public school, pre-K, or kindergarten programs. Funds are used for approved educational expenses (instructional materials, curricula, tutoring, approved services). Administered by the Comptroller.

Family eligibility (3 criteria)
  • Texas resident child who is a U.S. citizen or lawfully admitted.
  • Child is homeschooled or not enrolled in a public school or pre-K/kindergarten program.
  • Family must apply directly; homeschool co-ops and microschools do not apply on behalf of families.
School eligibility (2 criteria)
  • No direct operator requirement — funds go to the family, who then spends with approved providers.
  • If your co-op or microschool wants to be an approved provider for TEFA homeschool funds, verify vendor registration requirements with the Comptroller's ESA portal.
Scholarship Granting Organizations

Federal Education Freedom Tax Credit (FSTC)

FSTC

Federal program created by the 2025 reconciliation package (One Big Beautiful Bill Act). Provides a dollar-for-dollar nonrefundable federal tax credit of up to $1,700 per donor for individual contributions to IRS-approved Scholarship Granting Organizations (SGOs). Scholarships available to families up to 300% of area median income and may be used for tuition, tutoring, educational therapies, and other education-related services. Contributions begin January 1, 2027. TEXAS OPT-IN STATUS: Governor Greg Abbott announced Texas's opt-in on December 10, 2025; Texas is among roughly 23 states that had announced formal participation by early 2026. Final SGO list and operator rules pending IRS Form 15714 filing schedule and Texas Comptroller/TEA rulemaking.

Family eligibility (3 criteria)
  • Donor: individual federal taxpayer — dollar-for-dollar nonrefundable credit up to $1,700.
  • Recipient student: families up to 300% of area median income; final recipient eligibility set by federal guidance and Texas's approved SGO roster.
  • Texas opted in December 10, 2025 (Abbott announcement); SGO list and operator rules pending IRS rulemaking and Texas Comptroller/TEA guidance.
School eligibility (2 criteria)
  • Schools eligible to receive scholarship payments will be set by Texas Comptroller/TEA policy once Texas files IRS Form 15714 and publishes its approved SGO list.
  • Expect eligibility to mirror TEFA-style private-school accreditation requirements, though final rules are not yet published.

Family-side compliance

How families satisfy compulsory attendance

Texas 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

Tex. Educ. Code § 25.086(a)(1)

A child is exempt from compulsory attendance under § 25.085 if the child attends a private or parochial school that includes in its course a study of good citizenship. TEA has no oversight, registration, or accreditation authority over private schools. Under Leeper v. Arlington ISD, 893 S.W.2d 432 (Tex. 1994), home schools also qualify as private schools under this exemption provided the instruction is bona fide, uses a visual curriculum, and covers reading, spelling, grammar, mathematics, and good citizenship.

Home Instruction

Tex. Educ. Code § 25.086(a)(1); Leeper v. Arlington ISD, 893 S.W.2d 432 (Tex. 1994)

Texas does not have a separate home-instruction statute. Home schools are treated as unaccredited private schools under the Leeper decision and satisfy compulsory attendance through the § 25.086(a)(1) private-school exemption. There is NO Notice of Intent filing, no annual assessment, no portfolio review, no teacher qualification requirement, no minimum-hours requirement, and no state oversight. This is one of the least-regulated home-education pathways in the country.

Licensing triggers

When does Texas require a state license?

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

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Operating a child-care program for children under age 6

Tex. Hum. Res. Code Chapter 42; 26 Tex. Admin. Code Chapters 742 (listed family homes), 744 (before/after-school), 746 (child-care centers), 747 (child-care homes)

Programs caring for children under age 6 outside their own homes generally require HHSC Child Care Regulation permitting. Thresholds: Listed Family Home (1-3 unrelated children in provider home) requires HHSC listing; Registered Child-Care Home (up to 6 unrelated / 12 total) requires HHSC registration; Licensed Child-Care Home (7-12 children) requires full HHSC license; any Child-Care Center requires full HHSC license under 26 TAC Chapter 746 regardless of count. Apply through HHSC Child Care Regulation.

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Accepting public funds for nonpublic day/residential placement of students with disabilities under an IEP

19 Tex. Admin. Code § 89.1092 (nonpublic residential); § 89.1094 (nonpublic day)

Private schools that wish to serve public-school students placed by an ARD committee as a nonpublic day or residential program for students with disabilities must be approved by TEA under 19 TAC § 89.1094 (day) or § 89.1092 (residential). This is a SEPARATE approval pathway from general private-school operation. Does NOT apply to self-pay or TEFA-funded placements; only when the public LEA is paying for the placement.

Ready to plan your Texas 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 (22)