Toolkit Topic

Micro-Education Entity Model Ordinance


This model ordinance is a featured item in our Local Government Toolkit.

  1. Purpose and Intent. It is the purpose and intent of the city council, in enacting this chapter, to provide those who wish to operate micro-education entities, as defined in this chapter, with clear and concise regulations to prevent issues related to health, safety, traffic, and nuisances.
  2. Definitions. For purposes of this chapter and pursuant to state law, “Micro-Education Entity” means an individual or association of individuals that: registers as a business entity in accordance with state and local laws; and for compensation, provides kindergarten through grade 12 education services to 100 students or fewer. A micro-education is not a daycare, home-based microschool, private school, or a school within the public education system.
  3. Number of Students. Pursuant to state law, there is no maximum number of students that can be enrolled in a micro-education entity. However, micro-education entities are limited to 100 students in the facility at once, provided the facility has sufficient square footage. For example, the number of students at one time is limited to one for each 20 (net) square footage of the instruction area(s). This means that an empty 10×20 room used as an instruction area could allow for five students at once. This means that a building with one empty 20×30 room used as the instruction area could allow for thirty students at once.
  4. Business License and Fire Inspection. A building being used for a home-based microschool shall meet all applicable building, fire and life safety codes. In addition, the home-based microschool shall:
      1. obtain a business license from this jurisdiction;
      2. obtain a fire safety inspection.
    1. Local Health Department Permit. A local health department permit is only necessary if the micro-education entity will prepare and serve food (as defined by the state health department).
    2. Traffic and Parking. When picking up or dropping off students at a micro-education entity, parents shall legally park before letting students out of or into their vehicles and not interfere with the flow of traffic. In addition:
        1. The following parking standards shall be met:
          • For micro-education entities that serve grade K-9 students, 1 parking space shall be provided for every 10 students that will be in the building at once.
          • For micro-education entities that serve grade 10-12 students, 1 parking space shall be provided for every 4 students that will be in the building at once.
        2. Independent of these parking standards, sufficient off-street parking shall be provided for all instructors and students who park vehicles at the micro-education entity.
        3. To prevent overlapping times of pick up and drop off of students, applicants requesting approval for a micro-education entity that holds more than one section per day shall schedule the sections at least forty-five (45) minutes apart.
      1. Hours of Operation. Hours of operation shall be limited to between the hours of seven o’clock (7:00) A.M. to eight o’clock (6:00) P.M. These hours may be temporarily exceeded to allow for parent-teacher conferences, occasional evening activities, etc.
      2. Signage. If the micro-education entity is located in a residential zone, one name plate or identification sign no larger than 36″ by 36″ is allowed on site, so long as it is located within five feet of the primary dwelling or accessory dwelling unit. For micro-education entities located outside of residential zones, signage may be of the size and type allowed for the zone.
      3. Outdoor Play and Noise. If the micro-education entity is located in a residential zone, loud outdoor play, at a volume normally associated with kids’ outdoor play, shall not occur in the front yard. If the micro-education entity is located one hundred (100) feet or closer to a residential dwelling, loud outdoor play shall be limited to two (2) hours per day.
      4. Zoning Compliance. The building used for a micro-education entity is subject to the setback, height, bulk, and other zoning regulations that may apply.

      Are you a local elected official and interested in chatting with us more about this model ordinance? Please reach out to us at localgovt@libertas.org—we’d love to chat!