Montana Microschool Regulations: Complete 2026 Guide for Educators

Montana is home to Big Sky Country—and some of the nation's most expansive educational freedom. If you're starting a microschool, Montana's minimal regulatory framework makes it one of the most founder-friendly states in America.

Here's what makes Montana stand out: No registration required. No state licensing. No curriculum approval. Teachers don't need state certification in non-accredited schools. You have complete autonomy over your educational philosophy, teaching methods, and materials. And recent legislative reforms have eliminated even more barriers.

The numbers tell the story of Montana's growing alternative education movement:

"8,524 homeschooled students in Montana for 2023-2024 school year, representing a 9.3% increase from the previous year" >Source: Montana Office of Public Instruction, Enrollment Data

Meanwhile, private school enrollment stands at 8,584 students—a slight 3.6% decline from the previous year. Together, non-public education serves 17,108 students, representing 4.7% of Montana's K-12 population.

The legislative landscape has become increasingly favorable for educational innovators:

• HB 778 (Effective May 2025): Eliminated immunization record inspections and health department facility reviews for homeschools
• HB 396 (July 2023): Allows part-time public school enrollment while homeschooling, giving families hybrid options
• HB 393 (2023): Created Montana's Special Needs ESA program, providing $5,000-$8,000 annually for eligible students

This isn't educational anarchy—Montana still requires instruction in seven core subjects and minimum instructional hours. But the state trusts parents and educators to deliver quality education without bureaucratic micromanagement.

By the end of this guide, you'll know:

• Whether you need to register your microschool with the state (spoiler: no)
• Teacher certification requirements (none for non-accredited schools)
• Which subjects Montana requires you to teach (reading, writing, math, civics, history, literature, science)
• Instructional hour requirements (360-1,080 hours based on grade level)
• How to access Montana's Special Needs ESA program
• Local compliance requirements you can't ignore (fire safety, zoning)

Let's dive into the details of launching your Montana microschool.

Legal Structure & Registration

Do You Need State Registration?

Answer: No—Montana requires ZERO registration, licensing, or state approval.

This is perhaps the most liberating aspect of starting a microschool in Montana. Unlike states that require extensive paperwork, curriculum submissions, and annual reporting, Montana operates on a principle of parental authority and educational freedom.

The legal framework is remarkably clear:

"Private schools are not subject to Montana Board of Public Education approval, teacher licensing requirements, or curriculum oversight. Montana Code Annotated (MCA) 20-5-109 and 20-5-111 establish parental authority over educational decisions." >Source: Montana Code Annotated, MCA 20-5-109

Legal Definition (MCA 20-5-102):

• "Non-public school": Any school that is not operated by the state or a political subdivision
• No registration or notification requirements
• Complete operational autonomy
• Source: MCA 20-5-102

You won't submit applications to the state Board of Education. You won't wait for approval letters. You won't file annual reports. You simply start teaching.

Homeschool vs. Private School: What's the Difference?

This distinction matters more than most founders realize. Montana treats homeschools and private schools differently, with homeschools having slightly more requirements.

Homeschools (MCA 20-5-109) have four requirements after HB 778 (May 2025):

1. Notification to county superintendent of schools (not registration—important difference)
2. Instruction in required subjects (seven subjects)
3. Maintenance of immunization and attendance records
4. Compliance with compulsory attendance laws (ages 7-16)

Private Schools (MCA 20-5-111) have different requirements:

• NO notification required to any government entity
• Same subject requirements as homeschools (seven subjects)
• Complete parental authority over curriculum, philosophy, and materials
• No state oversight or approval

The law explicitly protects educational freedom:

"Parents or guardians have complete control over the determination of the philosophy, approach, structure, timing, or location of the education provided to their children." >Source: Montana Code Annotated 20-5-111, MCA 20-5-111

Can You Operate as a Homeschool Co-op?

Answer: Yes, with structural clarity.

Montana allows two co-op operating models:

Model 1: Homeschool Network

• Each family independently meets MCA 20-5-109 notification requirements
• Co-op serves as enrichment/community support
• Each parent remains responsible for their child's education
• Notification to county superintendent required for each family

Model 2: Private School

• Operates under MCA 20-5-111
• No notification needed to any government entity
• Families enroll students in your school (not their individual homeschool)
• You maintain records and ensure compliance
• Clearer legal standing for multi-family operations

Recommendation: For multi-family microschools collecting tuition or fees, the private school structure provides clearer legal standing and eliminates notification requirements. It also establishes you as the educational provider rather than each parent maintaining individual homeschool status.

Should You Form an LLC or Nonprofit?

Montana doesn't require any specific legal structure for your microschool, but forming a legal entity protects your personal assets from school-related liabilities.

Options Available:

1. Sole Proprietorship

• Simplest structure
• No filing required
• Major risk: No liability protection (your personal assets exposed)
• Not recommended for schools with multiple students

1. Montana LLC

• Most common choice for microschools
• Protects personal assets
• Simple management structure
• Pass-through taxation
• File Articles of Organization with Montana Secretary of State

1. Nonprofit Corporation

• Mission-driven structure
• Requires IRS 501(c)(3) application
• Can accept tax-deductible donations
• More complex governance requirements
• Annual reporting obligations

1. For-Profit Corporation

• Formal structure with shareholders
• Higher administrative requirements
• Less common for microschools

Recommended: Montana LLC

Filing is straightforward and affordable:

• Montana Secretary of State: Business Registration
• Filing Fee: $70 (online) or $35 (mail)
• Annual Report Fee: $20
• Processing Time: Typically 1-3 business days online
• Liability Insurance: $500-$1,500 annually (recommended in addition to LLC)

The LLC protects your home, savings, and personal assets if a student injury, parent lawsuit, or other liability arises. Combined with liability insurance, this creates a strong protective barrier.

Action Items:

• [ ] Decide on legal structure (LLC recommended for liability protection)
• [ ] Register business entity with Montana Secretary of State (if LLC/nonprofit)
• [ ] Obtain liability insurance (strongly recommended even if not required)
• [ ] Decide: homeschool network OR private school structure

Teacher Certification Requirements

Are Teaching Credentials Required?

Answer: Depends on accreditation status.

This is where Montana's flexibility really shines. For non-accredited schools (which includes 84% of microschools nationwide), no certification is required.

"Teachers in non-accredited private schools are not required to hold Montana educator licenses. Only accredited private schools must employ licensed teachers." >Source: Montana Office of Public Instruction, Educator Licensure

Non-Accredited Private Schools: NO certification required

• Hire based on competence, subject expertise, and teaching ability
• Former teachers, subject matter experts, and passionate educators all qualify
• No bachelor's degree requirement
• No state testing or background checks (unless accepting ESA funds)

Accredited Private Schools: Montana educator license required

• Must employ state-licensed teachers
• Legal basis: Montana ARM 10.55.701, ARM 10.55.701
• Accreditation is voluntary—you choose whether to pursue it

The vast majority of microschools operate non-accredited. According to the National Microschooling Center, 84% of microschools nationwide operate without accreditation, viewing it as unnecessary regulatory burden that constrains educational innovation.

Homeschool Teacher Requirements

For Homeschools (MCA 20-5-109): NO qualifications specified by law.

"Montana law does not require parents who homeschool to have teaching degrees, certification, or any specific educational background." >Source: Montana Coalition of Home Educators, Getting Started

What This Means:

• No bachelor's degree required
• No teaching experience required
• No subject-matter testing or competency exams
• Complete freedom in instructor selection
• Any caring adult can teach

This extends to private microschools as well. Whether you're a career-switching engineer teaching math, a published author leading writing workshops, or a former teacher who left the traditional system, you're qualified to teach in a Montana microschool.

Requirements for ESA-Accepting Schools

Montana Special Needs ESA Program:

If your microschool plans to accept ESA funds (Education Savings Accounts for special needs students), additional requirements apply:

Requirements:

• Must register as a qualified education provider (QEP) with Montana Office of Public Instruction
• Background checks for all staff with direct student contact
• Compliance with ESA program rules and record-keeping
• Credentials appropriate to services provided (e.g., licensed therapist for therapy services)

"Qualified education providers must register with OPI and maintain records of ESA expenditures. Providers include private schools, tutors, therapists, and educational service providers." >Source: Montana HB 393 (2023), HB 393

Even with ESA participation, teacher certification isn't required—but you must document staff qualifications and complete background checks.

Action Items:

• [ ] Decide: accredited (requires licensed teachers) or non-accredited (no requirements)
• [ ] If accepting ESA: register as qualified education provider with OPI
• [ ] Verify background check requirements for ESA participation
• [ ] Prepare staff qualification documentation (resumes, credentials, experience)

Curriculum & Academic Standards

Required Subjects (MCA 20-5-109 & 20-7-111)

Montana mandates instruction in seven core subjects for all students ages 7-16, whether they attend public schools, private schools, or homeschools.

Mandatory Curriculum:

1. Reading
2. Writing
3. Mathematics
4. Civics
5. History
6. Literature
7. Science

Legal Citation: Montana Code Annotated 20-7-111, MCA 20-7-111

That's it. Seven subjects. No specific standards. No curriculum approval. No alignment requirements.

Beyond the Basics: Complete autonomy.

"Parents have complete authority over the philosophy, curriculum, materials, and teaching methods used in their children's education. No curriculum approval from the state is required." >Source: Montana Code Annotated 20-5-111

What This Means for Microschools:

• Choose any educational philosophy: Montessori, Waldorf, Classical, Project-Based Learning, Charlotte Mason, Reggio Emilia, competency-based education, outdoor education—your choice
• Select any curriculum provider: Saxon Math, Singapore Math, Abeka, Sonlight, Moving Beyond the Page, or create your own
• No state curriculum approval needed: No submissions, no waiting for permission, no alignment worksheets
• No alignment to Montana Content Standards: Those apply only to public schools; private schools have complete freedom

You could teach math through woodworking projects. Literature through Socratic seminars. Science through nature exploration. As long as you're covering the seven subjects, the how is entirely up to you.

Instructional Hour Requirements (MCA 20-1-301 & 20-1-302)

Legal Citations:

• MCA 20-1-301: Instructional Hours K-3
• MCA 20-1-302: Instructional Hours 4-12

Flexibility:

These are annual requirements, giving you tremendous scheduling flexibility:

• Year-round school: Spread 1,080 hours across 12 months instead of 9
• 4-day weeks: Concentrate instruction into longer days
• Block scheduling: Intensive subject focus for weeks at a time
• Custom calendars: Break when it makes sense for your community, not when the district dictates
• No daily schedule requirements: Meet the annual total however works best

For example, 1,080 hours could be:

• 180 days × 6 hours = traditional school calendar
• 216 days × 5 hours = 4-day weeks year-round
• 240 days × 4.5 hours = shorter daily schedule with extended year
• Any combination that totals 1,080 hours

Standardized Testing Requirements

State-Mandated Testing: NONE for private schools or homeschools.

"Montana does not require standardized testing for students in private schools or homeschools. Testing requirements apply only to public schools." >Source: Montana Office of Public Instruction, Assessment & Accountability

This freedom allows you to assess student learning in ways that align with your educational philosophy:

Assessment Recommendations (All Optional):

• Nationally norm-referenced tests: Iowa Test of Basic Skills (ITBS), Stanford Achievement Test (SAT-10), TerraNova
• Portfolio-based assessment: Popular in progressive and Montessori microschools
• Competency-based progress tracking: Students advance upon mastering skills
• Mastery-based grading: No grade levels, students progress at their own pace
• Project-based demonstrations: Real-world application of knowledge
• Narrative progress reports: Detailed written assessments instead of letter grades

The choice is yours. Many microschools use a combination approach—portfolio work supplemented by occasional standardized testing for families who want external validation.

Record-Keeping Requirements

While Montana doesn't require registration or reporting, you must maintain certain records for internal purposes.

Required Documentation (MCA 20-5-109):

For Homeschools:

1. Notification to County Superintendent (within 10 days of starting homeschool)

• Parent/guardian name and address
• Names of children being homeschooled
• Statement of intent to homeschool
• MCA 20-5-109

1. Immunization Records (MCA 20-5-405)

• Maintain up-to-date immunization documentation
• Religious, medical, and personal beliefs exemptions available
• HB 778 (2025) eliminated health department inspection of records

1. Attendance Records

• Document instructional hours (360-1,080 annually)
• Maintain for internal purposes (not reported unless specifically requested)

For Private Schools:

• NO notification to state or county required
• Maintain attendance records (internal documentation)
• Document instruction in seven required subjects
• Immunization records (same requirements as homeschools)

The key difference: Private schools have zero notification requirements. You don't inform the county superintendent. You don't file paperwork. You keep records for your own protection and operational purposes, but you don't report to anyone.

Action Items:

• [ ] Design curriculum covering seven required subjects (reading, writing, math, civics, history, literature, science)
• [ ] Calculate instructional hours to meet minimum requirements (360-1,080 based on grade)
• [ ] Create attendance tracking system (simple spreadsheet or specialized software)
• [ ] Decide: notification (homeschool structure) OR no notification (private school structure)
• [ ] Collect immunization records at enrollment (develop exemption process)

Facility & Safety Requirements

Facility Approval & Inspections

State-Level Requirements: NONE (after HB 778, May 2025).

This represents a major shift in Montana's regulatory landscape.

"House Bill 778 (effective May 2025) eliminated the requirement for health department facility inspections for homeschools. Private schools were never subject to state facility approval." >Source: Montana Legislature, HB 778 (2025), HB 778

Before HB 778: Homeschools required facility inspection by local health department before beginning instruction.

After HB 778 (May 2025): NO state or local health department inspections required for homeschools or private schools.

Key Legislative Quote:

"This bill removes the requirement for a county health department to inspect a homeschool facility before instruction begins." >Source: Montana HB 778 Legislative Summary

This doesn't mean facilities are completely unregulated—local building and fire codes still apply—but it eliminates one layer of state oversight that previously existed for homeschools.

Zoning Regulations

State-Level Restrictions: NONE.

Local Compliance is Critical: Every city and county in Montana has different zoning regulations.

Common Zoning Issues:

• Residential zoning codes may prohibit commercial or educational operations in homes
• Home-based microschools may face enrollment number restrictions (often 6-10 students before triggering commercial classification)
• Signage restrictions in residential areas
• Parking requirements based on facility size and student enrollment
• Traffic concerns from drop-off/pick-up activities

Commercial facilities are generally permitted in commercial or mixed-use zones, but requirements vary significantly by municipality.

Recommendation:

Contact your local zoning department BEFORE signing a lease, purchasing property, or modifying your home for microschool use. What's allowed in Missoula may be prohibited in Billings. Rural county regulations differ dramatically from city ordinances.

Questions to Ask Zoning Officials:

• Does "educational facility" require a special use permit in this zone?
• What is the maximum student enrollment without triggering commercial classification?
• Are there parking requirements based on student count?
• What signage restrictions apply?
• Do I need a home occupation permit for a residential-based microschool?

Where to Check:

• City or county planning and zoning department
• Local building codes department
• Homeowners association rules (if applicable)

Fire Safety & Building Codes

State Requirements: Comply with local fire and building codes.

Montana municipalities have adopted the International Fire Code (IFC) and International Building Code (IBC) as their baseline standards. Specific enforcement varies by jurisdiction.

Key Compliance Areas:

Fire Safety Equipment:

• Portable fire extinguishers (accessible, properly rated)
• Smoke detectors and fire alarms (hardwired in commercial facilities)
• Emergency egress (minimum 2 exits, unobstructed)
• Emergency lighting (commercial spaces)
• Exit signage (illuminated where required)

Building Code Compliance:

• Occupancy load limits (determined by fire marshal based on square footage)
• Egress door swing direction (outward for assembly spaces)
• Stair railings and handrails (specific height and spacing requirements)
• Bathroom facilities (based on occupancy load)
• Accessibility (ADA compliance for public facilities)

NFPA 101 (Life Safety Code): Many jurisdictions reference this standard for educational occupancies.

Inspections Needed:

1. Local Fire Marshal Approval - Contact before opening
2. Building Department Approval - Required for commercial spaces or home modifications
3. Electrical/Plumbing Inspection - If renovating facility

Critical Action: Contact your local fire marshal FIRST, before designing your facility layout or enrolling students. They'll determine your occupancy classification, occupancy load, and required safety features. This isn't optional—you cannot legally operate without fire marshal approval.

Immunization Requirements (After HB 778, May 2025)

Required Vaccines (MCA 20-5-405):

Montana requires documentation of the following immunizations for all students:

1. Diphtheria, Tetanus, Pertussis (DTaP/Tdap)
2. Polio (IPV)
3. Measles, Mumps, Rubella (MMR)
4. Hepatitis B
5. Varicella (Chickenpox)

MCA 20-5-405

Exemptions Available:

Montana offers three exemption pathways:

1. Medical Exemption - Written statement from licensed physician documenting medical contraindication
2. Religious Exemption - Parent/guardian written statement of religious beliefs opposing immunization
3. Moral/Personal Beliefs Exemption - Parent/guardian written statement of personal convictions

HB 778 Impact (May 2025):

"Eliminates the requirement for a county health department to inspect immunization records at the homeschool facility. Parents must still maintain records but no facility inspection occurs." >Source: Montana HB 778 (2025)

This means you maintain immunization records for all enrolled students, but the county health department will not conduct facility inspections to verify compliance. The records are for your internal documentation and parent assurance.

Source for Immunization Guide: Montana Department of Public Health & Human Services (DPHHS) Immunization Program

Liability Insurance

State Requirement: NONE.

Practical Recommendation: STRONGLY ADVISED.

Why You Need Liability Insurance:

• Protects personal assets from lawsuits (even if you have an LLC)
• Covers student injuries during instructional activities
• Protects against allegations of negligence, misconduct, or accidents
• Often required by facility landlords or lease agreements
• Expected by parents enrolling their children

Cost: $500-$1,500 annually (depending on enrollment size, facility type, activities offered)

Insurance Providers Specializing in Private Schools:

• K12 Insurance Services - Private school specialists
• Church Mutual Insurance - Faith-based and private schools
• The Hartford - General liability and property coverage
• Markel Specialty - Educational institutions

Get quotes from multiple providers and compare coverage limits, deductibles, and exclusions.

Action Items:

• [ ] Verify local zoning compliance for your specific address
• [ ] Contact local fire marshal for occupancy determination
• [ ] Schedule fire safety inspection (if commercial space or home modifications)
• [ ] Collect immunization records for all students at enrollment
• [ ] Understand exemption process for families requesting religious/medical/personal exemptions
• [ ] Obtain liability insurance (strongly recommended even if not legally required)

Student Enrollment & Compulsory Attendance

Compulsory Attendance Age Range

Ages 7 through 16 Years Old (MCA 20-5-102).

"Compulsory school age in Montana is 7 through 16 years of age, during which time the child must be enrolled in and attending an approved school." >Source: Montana Code Annotated 20-5-102, MCA 20-5-102

Educational Options (parents must choose ONE):

1. Public school (district or charter)
2. Private school (including microschools)
3. Homeschool (with county notification)
4. Part-time public school + homeschool (HB 396, 2023)
5. Montana Special Needs ESA (special needs students)

Penalties for Non-Compliance:

"A parent, guardian, or other person having control over a child who fails to enroll or ensure attendance may be subject to legal action, including referral to county attorney." >Source: Montana Code Annotated 20-5-106

While Montana has minimal regulation, compulsory attendance is taken seriously. Students ages 7-16 must be enrolled in some approved form of education. Your microschool qualifies as an approved option (whether structured as homeschool or private school).

Part-Time Public School Enrollment (HB 396, July 2023)

New Option: Part-time enrollment in public school while homeschooling.

"House Bill 396 (2023) allows Montana students to enroll in public schools part-time for specific courses while maintaining homeschool status for other subjects." >Source: Montana HB 396 (2023), HB 396

What This Means for Microschools:

This creates interesting hybrid opportunities:

• Students enrolled in your microschool can also participate in public school extracurriculars (sports, band, theater)
• Access to specialized courses not offered in small microschools (AP classes, lab sciences, foreign languages)
• Districts determine availability and eligibility criteria

Not all school districts have embraced this option equally. Some welcome part-time students; others have restrictive policies. Check with your local district if families want to pursue hybrid enrollment.

Strategic Consideration: Some microschool families appreciate this flexibility. You might market your microschool as complementing public school access rather than replacing it entirely.

Attendance Tracking Requirements

Basic Requirements (MCA 20-5-109):

• Maintain attendance records for compulsory-age students (7-16)
• Document instructional hours (360-1,080 hours annually based on grade level)
• Keep records for internal purposes (no state reporting unless specifically requested)

Simple Attendance System Options:

• Daily attendance log (paper or digital)
• Learning management systems (Google Classroom, Schoology, Canvas)
• Specialized microschool software (Transparent Classroom, Montessori Compass)
• Simple spreadsheet tracking dates and hours

You're not reporting attendance to the state. You're documenting it for your protection and to demonstrate compliance if questioned.

Exemptions from Mandatory Attendance (MCA 20-5-104):

Children ages 7-16 may be excused from attendance if:

1. Physical or mental condition makes instruction impracticable (physician verification required)
2. Child has completed 8th grade and is employed with parental consent
3. Child lives more than 3 miles from nearest school and no transportation provided (applies to public school only)
4. Emergency or temporary circumstances

MCA 20-5-104

These exemptions are narrow and require documentation. The vast majority of students ages 7-16 fall under compulsory attendance requirements.

Enrollment Documentation

For Private Schools (Recommended):

Collect the following at enrollment:

• Student identification (birth certificate or passport)
• Proof of Montana residency (utility bill, lease agreement, driver's license)
• Immunization records (or exemption documentation)
• Emergency contact information
• Parental consent/enrollment contract (outlining tuition, policies, expectations)

For Homeschools (MCA 20-5-109):

• Notification to county superintendent within 10 days of starting
• Parent/guardian name and address
• Names of children being homeschooled
• Statement of intent to homeschool

Recommendation: If operating as a private school, you don't notify the county superintendent. Parents enroll their children in your school, not their individual homeschool. This simplifies administration and provides clearer legal standing for multi-family microschools.

Action Items:

• [ ] Create enrollment packet template (student info, emergency contacts, immunization records)
• [ ] Develop parent agreement/enrollment contract (tuition, policies, withdrawal terms)
• [ ] Set up attendance tracking system (daily log or digital software)
• [ ] Collect immunization records at enrollment (with exemption option)
• [ ] Clarify compulsory attendance age (7-16) with parents during enrollment

Montana Special Needs ESA Program

Program Overview

Montana Special Needs ESA: Education Savings Account for students with disabilities.

Legislative Basis: House Bill 393 (2023) HB 393

Program Status: Enacted in 2023, currently operational for eligible Montana students.

"House Bill 393 (2023) established Montana's first Education Savings Account program, providing state funding for special needs students to attend private schools, receive tutoring, therapies, and other qualified educational services." >Source: Montana Legislature, HB 393 (2023)

This program represents a significant opportunity for microschools serving students with learning differences, disabilities, or specialized needs. By becoming a qualified education provider, your microschool can access state funding to serve these families.

Eligibility Requirements

Who Qualifies:

• Students with disabilities as defined by IDEA (Individuals with Disabilities Education Act) or Section 504
• Must be Montana residents
• Cannot be enrolled full-time in public school (exception: part-time enrollment under HB 396 is permitted)
• Must have current IEP (Individualized Education Program) or 504 plan

Eligible Disabilities:

• Learning disabilities (dyslexia, dyscalculia, dysgraphia)
• Autism spectrum disorder (ASD)
• ADHD (Attention-Deficit/Hyperactivity Disorder)
• Speech/language impairments
• Physical disabilities
• Emotional/behavioral disorders
• Intellectual disabilities
• Multiple disabilities

Students must have documentation from the public school system (IEP or 504 plan) or from a licensed professional diagnosing the disability.

Funding Amounts

Per-Student Annual Funding (2024-2025 school year):

• Base Amount: $5,000-$8,000 per year
• Calculation: Based on state per-pupil funding formula and individual student needs
• Variation: Depends on the cost of qualified services required for the student

"Montana ESA funding varies based on the student's specific educational needs and the cost of qualified services. Amounts range from $5,000 to $8,000 annually." >Source: EdChoice, Montana School Choice Profile, EdChoice Montana

Payment Method:

• Direct deposit to parent-controlled ESA account
• Funds used to reimburse qualified expenses
• Quarterly disbursements throughout the school year

Parents receive the funds and pay your microschool directly (similar to tuition), then submit documentation to the state for reimbursement.

Source: Montana HB 393 qualified expenses section

The ESA can cover your full microschool tuition if the student has qualifying disabilities and your school is registered as a qualified education provider.

How to Become an ESA-Eligible Provider

Step 1: Register as Qualified Education Provider (QEP)

• Submit application to Montana Office of Public Instruction
• Provide business documentation (LLC articles, nonprofit status, etc.)
• Complete background check requirements for all staff
• Demonstrate ability to provide qualified educational services

Step 2: Staff Qualifications

• Background checks for all staff with direct student contact (fingerprinting required)
• Credentials appropriate to services provided (e.g., licensed therapist for therapy services, certified special education teacher if claiming specialized instruction)
• Compliance with state safety regulations

Step 3: OPI Approval Process

• Review of application (approximately 4-6 weeks processing time)
• Approval notification from OPI
• Listed in OPI's qualified provider directory (parents can search for approved providers)

Step 4: Contract with Families

• Parents select your microschool as their ESA provider
• You provide services and invoice families
• Parents submit invoices/receipts to OPI for reimbursement from ESA account
• Maintain detailed records of services provided

Contact Information:

Montana Office of Public Instruction - School Choice Programs Montana OPI Phone: (406) 444-3095

Program Statistics & Growth

Current Enrollment:

"As of 2024, Montana's Special Needs ESA program serves a limited but growing number of students with disabilities. The program is expected to expand as awareness increases among families and providers." >Source: EdChoice, Montana School Choice Data

Montana's ESA program is relatively new (launched 2023), so enrollment numbers are still growing. Early adopter microschools have a strategic advantage in capturing this market before competition increases.

Tax Credit Scholarship Program (Separate Program):

"Montana also offers a tax credit scholarship program with a $5 million cap (2024), expanding to $6 million in 2025. This program supplements the ESA for eligible students." >Source: Montana Department of Revenue, Tax Credit Scholarship Program

This creates additional funding pathways beyond the Special Needs ESA. Some families may qualify for both programs, increasing available funding for your microschool.

Action Items:

• [ ] Register as qualified education provider with OPI (if serving special needs students)
• [ ] Complete background checks for all staff (fingerprinting and criminal history)
• [ ] Prepare documentation of special education services/credentials
• [ ] Market ESA acceptance to Montana families with special needs students
• [ ] Maintain detailed records of ESA-funded services (for OPI audits and parent reimbursement)

Accreditation: Optional But Strategic

Is Accreditation Required?

Answer: Completely Optional.

"Montana does not require private schools to be accredited. Accreditation is a voluntary process that private schools may pursue for quality assurance and recognition." >Source: Montana Office of Public Instruction, Montana OPI

No State Mandate:

• You can operate legally without any accreditation
• Not required for ESA participation
• Purely a voluntary strategic decision
• Most microschools choose to remain non-accredited

According to the National Microschooling Center, 84% of microschools nationwide operate without accreditation, viewing it as unnecessary regulatory burden that constrains educational innovation.

Recognized Accrediting Bodies

If You Choose Accreditation (for strategic marketing or college admissions purposes):

Regional Accreditors:

1. Northwest Accreditation Commission (NWAC)

• Primary accreditor for Montana schools
• Rigorous standards aligned with public school expectations
• NWAC

1. AdvancED/Cognia

• National accreditation organization
• Serves public and private schools
• Cognia

Specialized Accreditors:

1. Association of Christian Schools International (ACSI)

• Faith-based schools with biblical worldview integration
• ACSI

1. Montessori Accreditation Council for Teacher Education (MACTE)

• Montessori-specific accreditation
• MACTE

Each accreditor has different standards, costs, and requirements. Research thoroughly before committing to the multi-year process.

Trade-Offs of Accreditation

Benefits:

• Enhanced reputation and credibility with families prioritizing traditional markers of quality
• Student transcripts more widely accepted by colleges and universities (though non-accredited transcripts are increasingly accepted)
• Access to professional development through accreditor networks
• Quality assurance framework with external validation
• Preferred by some college-bound families (especially for competitive universities)

Costs & Requirements:

• Annual fees: $1,000-$5,000 (depending on accreditor and school size)
• Site visit requirements: Every 3-5 years with associated fees
• Teacher licensing: Accredited schools MUST employ Montana-licensed teachers (this is the biggest constraint)
• Curriculum standards: Alignment to accreditor expectations (less curriculum freedom)
• Administrative burden: Annual reports, self-studies, documentation requirements
• Loss of flexibility: Must follow accreditor policies on grading, attendance, records

The Teacher Licensing Trap:

This is critical to understand: If you pursue accreditation, Montana law requires you to employ state-licensed teachers. This means:

• Hiring pool dramatically shrinks
• Salary expectations increase (licensed teachers command higher pay)
• You lose the ability to hire passionate subject experts without teaching credentials
• Administrative costs increase

For most microschools, this trade-off isn't worth it.

Strategic Recommendation:

• Year 1-2: Focus on launching, building enrollment, refining your curriculum and community
• Year 3+: Consider accreditation if enrollment and revenue justify the costs AND your target families demand it
• Niche positioning: Many successful microschools market their "non-accredited" status as a curriculum freedom advantage

"Most microschools operate without accreditation, viewing it as unnecessary regulatory burden that constrains educational innovation." >Source: National Microschooling Center

Action Items:

• [ ] Decide: accredited (requires licensed teachers, higher costs, more constraints) OR non-accredited (complete freedom, lower costs)
• [ ] If pursuing accreditation, research NWAC timeline and requirements (1-2 year process)
• [ ] Budget for accreditation costs if strategically important to your target families (typically $3,000-$8,000 annually with all fees)

Quick-Start Compliance Checklist

Essential Steps (Before Opening)

Legal & Business Setup:

• [ ] Form LLC or legal entity for liability protection (recommended)
• [ ] Register business with Montana Secretary of State ($70 online filing fee)
• [ ] Obtain liability insurance ($500-$1,500 annually for microschool operations)
• [ ] Decide structure: private school (no notification) OR homeschool network (county notification required)

Curriculum & Staffing:

• [ ] Design curriculum covering 7 required subjects: reading, writing, mathematics, civics, history, literature, science
• [ ] Calculate instructional hours to meet minimum requirements (360-1,080 hours based on grade level)
• [ ] Hire teachers (no certification required for non-accredited schools—hire passionate, competent educators)
• [ ] Complete background checks if accepting ESA funds (fingerprinting for all staff with student contact)

Facility Compliance:

• [ ] Verify local zoning compliance for your specific address (contact city/county planning department)
• [ ] Contact local fire marshal for occupancy determination and safety inspection
• [ ] Schedule fire safety inspection (if using commercial space or modified residential space)
• [ ] Confirm compliance with local building codes (especially if renovating or modifying facility)
• [ ] Install required fire safety equipment: portable fire extinguishers, smoke detectors, emergency lighting (commercial spaces), exit signage

Student Enrollment:

• [ ] Create enrollment packet template: student information, emergency contacts, medical information
• [ ] Collect immunization records at enrollment (maintain exemption process for religious/medical/personal beliefs)
• [ ] Set up attendance tracking system: daily log, digital software, or learning management system
• [ ] Develop parent agreement/enrollment contract: tuition, payment terms, policies, withdrawal procedures
• [ ] Clarify compulsory attendance age (7-16) with families during enrollment process

ESA Integration (Optional - Special Needs Students Only):

• [ ] Register as qualified education provider with Montana Office of Public Instruction
• [ ] Complete staff background checks (fingerprinting and criminal history for ESA compliance)
• [ ] Prepare documentation of special education services, therapies, and staff credentials
• [ ] Market ESA acceptance to Montana families with special needs students

Items You DON'T Need

❌ State Registration - Not required (no registration with Montana OPI or Board of Public Education)

❌ Teacher Certification - Not required for non-accredited schools (hire based on competence, not credentials)

❌ Curriculum Approval - Not required (choose any curriculum, educational philosophy, or create your own)

❌ Standardized Testing - Not required (optional assessment of your choosing)

❌ State Facility Inspection - Not required after HB 778 (May 2025) eliminated health department inspections

❌ Homeschool Notification - Not required if operating as private school (only homeschools notify county superintendent)

❌ Accreditation - Not required (purely optional strategic decision with significant trade-offs)

Common Mistakes to Avoid

Mistake #1: Assuming No Rules Apply

The Misconception: "Montana has no regulation, so I can do whatever I want."

Reality: While Montana has minimal STATE regulation, local requirements absolutely still apply:

• Zoning laws vary dramatically by city and county
• Fire codes are strictly enforced by local fire marshals
• Building codes apply to commercial facilities and residential modifications
• Immunization records must be maintained (even if not inspected by health department)

Solution: Contact local zoning, fire, and building departments BEFORE selecting your facility, signing a lease, or making property modifications. What's allowed in rural Flathead County may be prohibited in downtown Missoula.

Mistake #2: Confusing "No Registration" with "No Compliance"

The Problem: Montana doesn't require state registration, but you still must comply with:

• Instruction in seven required subjects (reading, writing, math, civics, history, literature, science)
• Minimum instructional hours (360-1,080 annually based on grade level)
• Compulsory attendance for students ages 7-16
• Immunization record maintenance (with exemption options)

Solution: Maintain documentation of curriculum design, attendance logs, and immunization records. You're not reporting these to the state, but you must maintain them for your protection and to demonstrate compliance if questioned.

Mistake #3: Choosing Accreditation Without Understanding Trade-Offs

The Consequence: Accreditation REQUIRES Montana-licensed teachers, which means:

• Dramatically smaller hiring pool
• Higher salary expectations
• Loss of ability to hire passionate subject experts without credentials
• Increased administrative costs for reports and self-studies

The Problem: Many founders pursue accreditation thinking it's necessary or universally beneficial, without understanding the constraints it imposes.

Solution: Most microschools thrive without accreditation. Only pursue accreditation if:

• Your target families explicitly demand it
• You're serving college-bound students applying to highly competitive universities
• Revenue and enrollment justify the $3,000-$8,000 annual costs

Market your non-accredited status as a curriculum freedom advantage rather than a limitation.

Mistake #4: Not Forming an LLC

The Risk: Operating as a sole proprietorship exposes your personal assets—home, savings, retirement accounts—to lawsuits arising from student injuries, parent disputes, or facility accidents.

The Cost of Mistake: A single lawsuit could wipe out your family's financial security.

Solution: Form a Montana LLC for $70 (online filing) and obtain liability insurance ($500-$1,500 annually). This two-layer protection separates your personal assets from school liabilities and provides insurance coverage for claims.

Mistake #5: Ignoring Local Fire Safety Requirements

The Consequence: You cannot legally operate without fire marshal approval, regardless of Montana's minimal state regulation.

The Problem: Founders focus on curriculum and enrollment while overlooking the critical step of fire safety compliance. They sign leases, enroll students, then discover they can't legally open.

Solution: Contact your local fire marshal FIRST, before:

• Signing a facility lease
• Making property modifications
• Enrolling students
• Advertising your opening date

Get occupancy determination, understand required safety equipment, and schedule inspection before committing to a timeline.

Mistake #6: Filing as Homeschool When Operating as Private School

The Problem: Notification requirements and documentation differ between homeschools and private schools.

Homeschool Structure:

• Requires notification to county superintendent within 10 days
• Each family may have individual homeschool status
• More administrative complexity for multi-family operations

Private School Structure:

• NO notification required to any government entity
• Clearer legal standing for multi-family microschools
• Families enroll in your school, not their individual homeschool

Solution: Multi-family microschools collecting tuition should operate as private schools under MCA 20-5-111. This eliminates notification requirements and provides clearer legal standing.

Resources & Next Steps

Official Montana Resources

Montana Office of Public Instruction (OPI):

• School Choice Programs: Montana OPI
• Educator Licensing: Educator Licensure
• Phone: (406) 444-3095
• Address: P.O. Box 202501, Helena, MT 59620-2501

Montana Legislature:

• Montana Code Annotated (MCA) Title 20 (Education): Montana Education Law
• Access to all education-related statutes and recent legislation

Montana Secretary of State:

• Business Registration: Montana SOS Business
• LLC Formation: $70 (online) or $35 (mail)
• Annual Report: $20
• Processing time: 1-3 business days online

Montana Department of Public Health & Human Services (DPHHS):

• Immunization Program: Montana Immunization
• Immunization requirements and exemption forms

Montana Homeschool & Microschool Organizations

Montana Coalition of Home Educators (MTCHE):

• Website: MTCHE
• Getting Started Guide: Getting Started
• Annual conference and regional support groups
• Legislative advocacy for educational freedom

EdChoice Montana Profile:

• School Choice Data: EdChoice Montana
• ESA program information and enrollment statistics
• School choice policy updates

National Microschooling Center:

• National organization supporting microschool founders
• Research, best practices, and community

Your Next Steps

7-Step Action Plan:

1. Decide structure: Private school (no notification, recommended for multi-family microschools) OR homeschool network (county notification required)
2. Verify local zoning for your planned facility location (contact city/county planning department)
3. Contact fire marshal to schedule pre-opening inspection and determine occupancy requirements
4. Form LLC for liability protection ($70 filing fee with Montana Secretary of State)
5. Obtain liability insurance ($500-$1,500 annually from K12 Insurance Services, Church Mutual, The Hartford, or Markel Specialty)
6. Design curriculum covering seven required subjects with minimum instructional hours (360-1,080 based on grade level)
7. Register as ESA provider with Montana OPI (if planning to serve special needs students)

Conclusion: Montana's Educational Freedom Advantage

Montana combines Big Sky Country freedom with practical educational autonomy in ways few other states can match. With no state registration, minimal curriculum oversight, and recent legislative reforms eliminating homeschool facility inspections, Montana has positioned itself as one of America's most founder-friendly states for microschools.

The regulatory environment empowers innovation. You're not fighting bureaucracy—you're designing excellent education.

Key Takeaways:

✅ No state registration or licensing required - Start teaching without permission slips from bureaucrats

✅ Teachers don't need certification (non-accredited schools) - Hire passionate, competent educators based on merit

✅ Complete curriculum freedom - Teach seven basic subjects, meet minimum hours, choose your own methods

✅ No standardized testing mandated - Assess learning in ways that align with your philosophy

✅ Special Needs ESA available - Access $5,000-$8,000 per student for eligible families

✅ No state facility inspections (after HB 778, May 2025) - One less compliance hurdle

✅ Homeschool notification eliminated major barriers - Or choose private school structure with zero notification

✅ Part-time public school access (HB 396) - Families can hybrid homeschool with public school participation

But Don't Skip These Critical Steps:

⚠️ Local zoning verification - City and county regulations still apply; verify before signing lease

⚠️ Fire safety inspection - Contact local fire marshal FIRST; cannot legally operate without approval

⚠️ Immunization record maintenance - Required for all students; exemptions available but must be documented

⚠️ Liability insurance - Strongly recommended even if not legally required ($500-$1,500 annually)

⚠️ Attendance tracking - Internal documentation of 360-1,080 instructional hours annually

⚠️ Seven required subjects - Must cover reading, writing, math, civics, history, literature, science

Recent Legislative Momentum:

Montana's education reform trajectory shows continued expansion of educational freedom:

• HB 778 (2025): Eliminated homeschool facility inspections by health departments
• HB 396 (2023): Created part-time public school enrollment option for homeschoolers
• HB 393 (2023): Established Special Needs ESA program with $5,000-$8,000 per student

The momentum is in your favor. Montana policymakers are expanding educational choice, not restricting it.

The Bottom Line:

The path to launching your Montana microschool is simpler than in most states across America. You won't spend months navigating bureaucratic approval processes. You won't submit curriculum for state review. You won't hire only credentialed teachers to satisfy licensing requirements.

Instead, focus your energy on what matters: curriculum design, student recruitment, teaching excellence, and community building. That's where Montana's educational freedom truly shines—by getting government out of the way and letting passionate educators create transformative learning environments.

Ready to start your Montana microschool? Use Biggie's school profile creation tool to get discovered by Montana families searching for innovative education alternatives. List your programs, philosophy, and enrollment information to connect with families ready to leave traditional schooling behind.

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Disclaimer: This guide provides educational information about Montana microschool regulations based on current laws and publicly available resources. It is not legal advice. Consult with a qualified education law attorney before making decisions about your specific situation, especially regarding legal structure, ESA fund eligibility for church schools, zoning compliance, and tax obligations. Laws and regulations change - verify all information with official sources before taking action.