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Microschool laws in Washington

Yes. Washington recognizes 2 legal pathways for families and 5 of 7 operator models are viable. Compulsory attendance (ages 8-18, RCW 28A.225.010) can be satisfied by: enrollment in a Washington State Board of Education (SBE) APPROVED private school (RCW 28A.195, annually renewed certification), or home-based instruction (RCW 28A.200, 28A.225.010(4)) with annual Declaration of Intent filing, parent qualification requirements, and annual standardized testing OR certificated-person assessment

State knowledge, compiled from primary sources✓ Current
18 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 Washington?

Washington 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 SBE-approved private school model under RCW 28A.195. The school assumes full legal responsibility for enrolled students and must meet all six statutory minimum requirements, including teacher certification (WA certificate or alternative approved credential). Annual Certificate of Compliance renewal filed with the State Board of Education at least 90 days before the start of the school term (WAC 180-90-130). This is a more rigorous regulatory environment than many states but remains achievable for microschools.

Top requirements

  • Form a business entity (LLC, C-corp, or nonprofit) with the Washington Secretary of State by filing a Certificate of Formation ($200 online, $180 paper).
  • Register for Washington state business taxes via the Department of Revenue (https://dor.wa.gov/) and obtain a Unified Business Identifier (UBI).
  • Submit Certificate of Compliance to the Washington State Board of Education at least 90 days before the start of the school term (WAC 180-90-130) certifying compliance with RCW 28A.195.010.

Watch for

  • Teacher certification is a hard requirement — unlike many states, Washington does NOT exempt private school teachers from some form of credentialing. Plan for certification costs and timelines for staff.
  • Annual Certificate of Compliance renewal is non-negotiable — missing the 90-days-before-term deadline (WAC 180-90-130) can result in loss of approved status and students losing compulsory-attendance compliance. SBE typically acts on renewals at its June Board meeting; for the 2026-27 school year the application deadline was May 11, 2026.

Homeschool Cooperative

Viable

A shared-resource model where families operate under RCW 28A.200 home-based instruction. Each family files an annual Declaration of Intent, meets parent qualification requirements, teaches the 11 required subjects for the required hours, and completes annual assessment. Your cooperative provides space, curriculum support, and enrichment but does not assume compliance responsibility. Washington's home-based instruction statute allows the parent to be "supervised by a certificated person" — a cooperative staffed by a Washington-certificated teacher can serve as that supervisor, enabling parents who lack the 45-credit or home-instruction course qualification to participate.

Top requirements

  • Form a business entity (LLC or nonprofit) with Washington Secretary of State.
  • Structure operations as a shared resource for home-based instruction families — NOT as a school that enrolls students.
  • Maintain written agreements with families clarifying that each family files its own Declaration of Intent by September 15, meets parent qualification (or opts for certificated-person supervision), and completes annual assessment.

Watch for

  • Families must meet one of three parent-qualification pathways. If the co-op functions as a certificated-person supervisor, the relationship must be genuine supervision, not just a signature on paperwork.
  • Do not brand as a "school" or refer to participants as "enrolled students"; use language like co-op, learning community, or home-based instruction resource.

Certified Tutor Practice

Not viable

Washington does not provide a stand-alone certified-tutor exemption from compulsory attendance. RCW 28A.225.010 recognizes only approved private school attendance or home-based instruction. A solo Washington-certificated teacher can supervise home-based instruction under RCW 28A.200.020, but the parent remains the legally responsible educator; this is not a distinct tutor pathway. Structure as Independent Private School (if full-time) or as a certificated-supervisor role within a Homeschool Cooperative.

Religious Community School

Viable

A faith-integrated private school under RCW 28A.195. Religious schools must meet the same six minimum requirements as secular private schools (teacher certification, hours, curriculum, records, health/safety, policy statement) and submit annual Certificate of Compliance to SBE at least 90 days before the school term starts (WAC 180-90-130). Religious curriculum is permitted alongside the required curriculum subjects; there is no state curriculum review beyond coverage of the required subjects.

Top requirements

  • Form a religious nonprofit corporation (often 501(c)(3)) or LLC with Washington Secretary of State.
  • Submit annual Certificate of Compliance to SBE at least 90 days before the start of the school term (WAC 180-90-130); document that teachers meet certification or the statutory alternative.
  • Teach the required subjects including Washington State history in grades 7-12; faith-integrated curriculum permitted alongside the required core.

Watch for

  • Religious exemption from teacher certification does NOT exist in Washington (unlike Michigan's DeJonge exemption). Religious schools must meet the same teacher requirements as secular schools.
  • Washington State Constitution Article IX § 4 prohibits state aid to sectarian schools; religious schools cannot access state-funded programs and are not eligible for state scholarships (none currently exist anyway).

Childcare Preschool Program

Viable

A pre-compulsory-age program (children under 8, the Washington compulsory attendance floor) licensed by the Washington Department of Children, Youth, and Families (DCYF) under WAC 110-300. Two main license types: Family Home Early Learning Program (12 or fewer children ages 0-11 in a residence) and Child Care Center Early Learning Program (children ages 0-12 at a commercial facility, less than 24 hours/day). School-age programs for children 5-12 outside school hours also require licensing.

Top requirements

  • Regulated by DCYF under WAC 110-300 (Foundational Quality Standards for Early Learning Programs).
  • Family Home Early Learning Program: up to 12 children ages 0-11 in a residence; home inspections, caregiver qualifications, background checks required.
  • Child Care Center: commercial facility; staff qualifications per WAC 110-300 (education, health, and background check requirements).

Watch for

  • Childcare licensing is a different regulatory universe than K-12 private schools; staff qualifications, training, inspections, and records requirements are significantly more rigorous.
  • Washington's compulsory attendance begins at age 8, so K-1 learners are often in the "pre-compulsory" gray zone — clarify licensure status if your microschool enrolls 5-7 year-olds.

Hybrid University Model

Viable

A part-time model where families file home-based instruction Declarations of Intent under RCW 28A.200 and send their children to your facility 2-3 days per week. Families remain the legally responsible educators; parent qualification, subject coverage, hours, and annual assessment all remain family-level responsibilities. A Washington-certificated teacher on your staff can serve as the "certificated person" supervising the parent's home instruction (RCW 28A.200.020(1)(a)), which streamlines parent qualification.

Top requirements

  • Structure as a shared resource for home-based instruction families — NOT as an enrolling school.
  • Operate 2-3 days per week on-site; families complete remaining required hours at home.
  • Employ at least one Washington-certificated teacher if offering certificated-person supervision to help parents meet RCW 28A.200.020 parent qualification.

Watch for

  • Operating 4+ days on-site while claiming home-based instruction status creates legal risk — at that intensity you are effectively the primary school and SBE approval becomes appropriate.
  • If offering certificated-person supervision, the supervising teacher must be Washington-certificated and actually supervising, not just listed on paperwork.

Umbrella School Satellite

Not viable

Washington has no statutory umbrella-school framework. Because approved private schools must meet individual SBE certification annually (RCW 28A.195), and because home-based instruction already permits direct parent operation with certificated-person supervision, umbrella-school arrangements are rare and offer no regulatory advantage. A school can open multiple campuses, but each campus generally requires its own SBE approval record, local zoning, and inspection.

For families

What programs help families pay for tuition?

Washington funds private school tuition through 1 state program.

Scholarship Granting Organizations

Federal Education Freedom Tax Credit (Federal Scholarship Tax Credit)

FSTC

Federal program created by the 2025 federal reconciliation package (signed July 4, 2025). Starting January 1, 2027, individual taxpayers in opted-in states may claim a dollar-for-dollar federal tax credit of up to $1,700 per year for donations to approved Scholarship Granting Organizations (SGOs). WASHINGTON OPT-IN STATUS AS OF APRIL 2026: NOT OPTED IN / UNLIKELY. Governor Bob Ferguson (inaugurated Jan. 2025) publicly characterized the program as a "voucher program" in a Seattle Times op-ed and expressed "deep skepticism." He directed his team to analyze whether Washington could participate in a manner benefiting public school students. Neighboring states Idaho, Montana, and Wyoming have opted in; Washington has not as of this verification date. Opt-in deadline for 2027 participation is January 1, 2027.

Family eligibility (3 criteria)
  • If Washington opts in: students in households at or below 300% of area median income.
  • Federal implementation rules still being finalized by U.S. Department of Treasury and IRS as of April 2026.
  • Permitted uses include tuition, tutoring, textbooks, educational therapies for students with disabilities, and other qualifying educational services.
School eligibility (2 criteria)
  • Watch for Governor Ferguson's opt-in decision; without state opt-in, Washington SGOs and families cannot participate.
  • Washington Constitution Article IX § 4 ("All schools maintained or supported wholly or in part by the public funds shall be forever free from sectarian control or influence") may limit state-administrative participation regardless of federal program design.

Family-side compliance

How families satisfy compulsory attendance

Washington 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

RCW 28A.225.010(1)(b); RCW 28A.195.010 (Private schools—Minimum requirements)

A child ages 8-18 may satisfy compulsory attendance by attending an APPROVED private school that has been certified annually by the Washington State Board of Education (SBE). Private schools must meet six statutory minimum requirements: (1) length of school year/day (1,000 hours grades 1-12, 450 hours kindergarten), (2) teacher certification (Washington teaching certificate or alternative), (3) safeguarding of permanent records, (4) reasonable health and fire safety, (5) curriculum covering required subjects (reading, writing, arithmetic, spelling, language, geography, history, civics, science, health, physical education, and in grades 7-12 additionally a Washington State history course), and (6) an up-to-date policy statement. Approval is annual.

Home Instruction

RCW 28A.200.010; RCW 28A.225.010(4); RCW 28A.200.020

A parent may provide home-based instruction to satisfy compulsory attendance. Requires: (1) annual Declaration of Intent filed by September 15 (or within 2 weeks of the beginning of any public-school quarter/trimester/semester), (2) parent qualification under one of three paths, (3) instruction in 11 required subject areas for the statutorily required hours (1,000 grades 1-12; 450 kindergarten), (4) annual standardized achievement test OR annual assessment by a Washington-certificated teacher. Parent is legally responsible; a supporting microschool is NOT the legal compliance mechanism.

Licensing triggers

When does Washington require a state license?

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

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Operating a school primarily serving students with disabilities and accepting public-school IEP placements (Nonpublic Agency)

RCW 28A.155.170; WAC 392-172A-04085 through WAC 392-172A-04090 (Nonpublic Agencies)

A "Nonpublic Agency" that provides special education and related services to students referred by public school districts must be approved by OSPI. Approval includes program review, teacher and related-service-provider certification verification, fiscal review, and ongoing compliance. Private schools that merely enroll students with disabilities without accepting public-school-placed students are generally not subject to nonpublic agency approval.

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Operating a child care program for children under 13 in a residence (12+ children) or any commercial facility

WAC 110-300 (Foundational Quality Standards for Early Learning Programs); RCW 43.216

DCYF licensing required for: Family Home Early Learning Program (up to 12 children ages 0-11 in a residence) and Child Care Center Early Learning Program (children ages 0-12 at a commercial facility, less than 24 hours/day). Background checks, staff qualifications, training hours, facility inspections, ratios, and ongoing monitoring apply. DCYF processes license applications within approximately three months; budget 6+ months from application to open.

Ready to plan your Washington 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 (18)