I. Introduction: The Wisconsin Microschool Landscape
If you're a teacher, educator, or entrepreneur considering starting a microschool in Wisconsin, you need to understand the state's regulatory environment from day one. This comprehensive guide provides everything you need to know about Wisconsin's microschool and private school regulations, based on more than 50 official Wisconsin Department of Public Instruction sources.
What This Guide Covers
This guide provides a comprehensive overview of Wisconsin private school regulations, clarifies why microschools must currently operate as private schools, explains the key advantages and responsibilities for Wisconsin educators, and offers a step-by-step compliance roadmap. Whether you're planning a small learning pod, a faith-based educational program, or an innovative multi-age classroom, understanding these regulations is essential for legal operation.
We'll walk through everything from the mandatory 875-hour instructional requirement to fire drill documentation, from teacher certification flexibility to immunization enforcement, and from curriculum design to financial requirements. By the end of this guide, you'll have a clear action plan for launching and operating your microschool in compliance with Wisconsin law.
Critical Status Update (November 2025)
Here's the most important thing you need to know right away: microschools are NOT currently legal in Wisconsin as a distinct educational category.
Assembly Bill 122, introduced in 2021, proposed creating a legal framework specifically for microschools. The bill would have defined microschools as programs providing instruction for 2-5 family units with a maximum of 20 children at a physical location, requiring the same 875 hours of instruction and core curriculum as home-based programs. However, the governor vetoed this legislation in full.
More recently, microschool legislation passed the Wisconsin Assembly in January 2024, but as of November 2025, this bill has NOT been enacted into law. This means any program serving two or more families MUST operate as a private school under WI Stat. § 118.165.
This isn't necessarily bad news. While it requires more compliance documentation than a hypothetical microschool category might have required, operating as a private school in Wisconsin comes with significant advantages and substantial flexibility.
Why Wisconsin is Still Favorable for Microschools
Despite the lack of a dedicated microschool statute, Wisconsin remains one of the most favorable states for launching small, innovative schools. Here's why:
NO teacher certification required. According to WI Stat. § 115.28, private schools in Wisconsin are not obligated to employ only licensed or certified teachers. This means you can hire subject matter experts, career professionals, and passionate educators based on their knowledge and teaching ability rather than their state credentials.
NO class size limits. Wisconsin law does not mandate specific staff-to-student ratios or maximum class sizes for private schools. This gives you the flexibility to create multi-age classrooms, individualized learning environments, and adaptive structures based on your educational philosophy rather than arbitrary numerical limits.
NO standardized testing requirements. Private schools in Wisconsin are exempt from state-mandated standardized testing. You can choose your own assessment methods, whether that's portfolio-based evaluation, project demonstrations, third-party assessments like MAP or Stanford 10, or no standardized testing at all.
Significant curriculum flexibility. While you must provide instruction in six core subjects, Wisconsin offers substantial flexibility in how you teach those subjects. Religious schools receive explicit exemptions allowing them to design curriculum according to their faith traditions.
Religious exemptions for curriculum design. For faith-based microschools, Wisconsin law explicitly states that private schools are not required to include any concept, topic, or practice in conflict with the program's religious doctrines, nor must they exclude any concept consistent with those doctrines.
Who Should Read This Guide
This guide is specifically designed for:
Teachers planning to start microschools. If you're leaving the traditional classroom to create an innovative small school, this guide walks you through every regulatory requirement you'll face.
Homeschool cooperative organizers. If you're bringing together multiple families for shared educational programming, you need to understand when and how you transition from single-family homeschooling to private school requirements.
Private school administrators. If you're already operating a small private school or planning to launch one, this guide provides the compliance framework you need.
Educational entrepreneurs. If you're bringing a business mindset to education and want to understand the regulatory landscape before investing time and money, this guide gives you the full picture.
Parents considering starting learning pods. If you're thinking about creating a formal educational program for your children and others, this guide helps you understand the legal requirements and compliance obligations.
Understanding Wisconsin's regulatory framework allows you to make informed decisions, build robust compliance systems from day one, and focus your energy on creating exceptional educational experiences rather than worrying about legal compliance.
II. Legal Framework: Understanding Wisconsin's Educational Categories
Before you can navigate Wisconsin's regulations, you need to understand the state's three educational categories and how they relate to microschools. This section clarifies the critical legal distinctions that determine which requirements apply to your program.
The Three Educational Categories in Wisconsin
Wisconsin law recognizes three distinct types of educational programs, each with different regulatory requirements. Understanding these categories is essential because misclassifying your program can lead to compliance issues.
1. Home-Based Private Educational Programs (Single-Family Homeschooling)
WI Stat. § 115.001(3g) defines a home-based private educational program as "a program of educational instruction provided to a child by the child's parent or guardian or by a person designated by the parent or guardian."
However, there's a critical limitation you must understand. According to the Wisconsin Department of Public Instruction, "an instructional program provided to more than one family unit does NOT constitute a home-based private educational program."
What this means in practice: If you're homeschooling only your own children, you can operate under the minimal regulations that apply to home-based programs. But the moment you begin serving even one additional family, you've moved out of this category and into private school territory. Single-family homeschooling has minimal regulation and significant freedom, but multi-family programs cannot use this category regardless of how small they are.
2. Microschools (Proposed but NOT Currently Legal)
Assembly Bill 122, proposed in 2021, would have created a legal definition for microschools including:
- Instruction for 2-5 family units
- Maximum of 20 children
- Physical location requirement
- Same requirements as home-based programs (875 hours, core curriculum)
This definition would have created a middle ground between single-family homeschooling and traditional private schools, offering flexibility for very small multi-family programs. However, the governor vetoed this legislation in full.
More recent microschool legislation passed the Assembly in January 2024 but has NOT been enacted into law as of November 2025. This means the microschool category remains a legislative proposal rather than a legal reality. Until such legislation is signed into law, this category does not exist in Wisconsin.
3. Private Schools (Current Legal Path for Microschools)
Private schools are defined by six mandatory criteria under WI Stat. § 118.165(1). This is the ONLY legal structure for multi-family microschools in Wisconsin currently.
If you plan to serve students from two or more families, you are operating a private school under Wisconsin law. Understanding and meeting all six criteria is non-negotiable for legal operation.
The Six Mandatory Private School Criteria
Wisconsin law doesn't just define private schools by what they do; it specifies six precise criteria that must ALL be met for a program to qualify as a private school. Let's examine each one in detail.
Criterion 1: Primary Purpose - Private or Religious Education
According to WI Stat. § 118.165(1)(a), the program's primary purpose MUST be providing private or religious-based education. This criterion distinguishes educational programs from other youth services like daycare, tutoring centers, or recreational programs. Your mission statement, marketing materials, and actual programming should all clearly demonstrate that education is the primary focus.
Criterion 2: Private Control
WI Stat. § 118.165(1)(b) requires that the program MUST be privately controlled, meaning not publicly operated or funded as a public institution. This criterion ensures a clear line between private educational choice and public schooling. Private schools can be operated by individuals, nonprofit organizations, religious organizations, or for-profit businesses, but they cannot be government entities or operated as divisions of public school systems.
Criterion 3: Minimum 875 Instructional Hours
Here's one of the most concrete and non-negotiable requirements: WI Stat. § 118.165(1)(c) mandates that private schools MUST provide at least 875 hours of instruction each school year.
This is a hard requirement with NO exceptions. Let's break down what this means practically:
875 hours ÷ 180 school days = 4.86 hours minimum per day
Many schools aim for 6-7 hours per day to build in a buffer for weather closures, field trips, shortened days, and other circumstances that might reduce instructional time. Falling short of 875 hours can jeopardize your private school status, so meticulous tracking is essential.
Criterion 4: Sequentially Progressive Curriculum in Six Core Subjects
WI Stat. § 118.165(1)(d) requires private schools to provide sequentially progressive curriculum in six core subjects:
- Reading
- Language Arts
- Mathematics
- Social Studies
- Science
- Health
"Sequentially progressive" means the curriculum must build on previous learning in a grade-appropriate manner. You can't just cover random topics; there needs to be documented advancement and skill development from year to year.
Religious Exemption (CRITICAL FOR FAITH-BASED MICROSCHOOLS):
This same statute includes a powerful exemption for religious schools. The law explicitly states:
"This subsection does not require the program to include in its curriculum any concept, topic or practice in conflict with the program's religious doctrines or to exclude from its curriculum any concept, topic or practice consistent with the program's religious doctrines."
This exemption gives faith-based microschools substantial freedom to design curriculum according to their beliefs while still covering the six core subjects. You can teach science from a creation perspective, approach history through a religious lens, or incorporate faith principles throughout the curriculum without violating this requirement.
Criterion 5: Not Designed to Circumvent Attendance Laws
WI Stat. § 118.165(1)(e) states that the program MUST NOT be operated or instituted for the purpose of avoiding or circumventing compulsory school attendance requirements. This criterion ensures that private schools are legitimate educational programs, not mechanisms for parents to simply avoid sending children to school. Your program must offer genuine, comprehensive education.
Criterion 6: Summer Vacation Requirement
Finally, WI Stat. § 118.165(1)(f) requires that students MUST return annually to their parents or guardians for at least 2 months of summer vacation, unless the institution holds a child welfare agency license.
This requirement primarily affects residential programs or full-time boarding situations. For typical microschools where students go home each day, this criterion is automatically satisfied. However, if you're considering any kind of residential component, be aware of this requirement.
Key Statutes Reference Table
For quick reference, here are the primary Wisconsin statutes governing private schools and microschools:
| Statute | Subject | Direct Link ||---------|---------|-------------|| § 115.001 | Definitions (private school, home-based program) | View Statute || § 118.15 | Compulsory attendance (ages 6-18) | View Statute || § 118.165 | Private school definition (6 criteria) | View Statute || § 118.167 | State superintendent determination | View Statute |
Understanding these categories and criteria is the foundation for everything else in this guide. Once you're clear that you're operating a private school (if serving multiple families), you can move forward with confidence knowing which requirements apply to your program.
III. Registration and Annual Reporting Requirements
One of the most common misconceptions about Wisconsin private schools is the registration requirement. Let's clarify what's actually required, what's optional, and why the distinction matters.
The Crucial Distinction: Registration vs. Compliance
Here's an important clarification that surprises many people: Wisconsin does NOT require private schools to "register" with the Department of Public Instruction in the traditional sense of seeking approval before operating.
However, this doesn't mean private schools operate without any interaction with the state. Private schools MUST meet the statutory criteria we discussed in Section II, and they MUST file annual reports. Additionally, schools participating in school choice programs MUST register and meet additional requirements.
Think of it this way: you don't need permission to open a private school in Wisconsin, but you do need to demonstrate compliance with state law once you're operating.
Mandatory Annual PI-1207 Private School Report
While registration is not required, the PI-1207 Private School Report is mandatory for all private schools operating in Wisconsin.
What It Is:
The PI-1207 is an annual report that verifies your school's existence and compliance with education-related statutes. By completing and submitting this form, you are affirming that your school meets ALL criteria specified in WI Stat. § 118.165(1). This is your annual attestation of compliance.
Critical Deadlines:
According to the Wisconsin DPI, the reporting deadlines are:
- October 15: Preferred submission deadline (gives DPI staff time to process submissions)
- December 15: FIRM deadline (the WISEsecure system closes after this date)
- After December 15: DPI will list your school as INACTIVE in the official School Directory
Missing the December 15 deadline isn't just an administrative inconvenience. It has real consequences.
Consequences of Non-Compliance:
If you fail to submit your PI-1207 report by the December 15 deadline, your school will be listed as INACTIVE in the DPI School Directory. More significantly, inactive schools become ineligible for federal programs including:
- Title I-A (Reading Improvement)
- Title II-A (Teacher Quality Enhancement)
- Title IV-A (School Safety and Student Support)
If you're planning to access any federal funding or programs, timely PI-1207 submission is essential.
How to File:
You submit the PI-1207 online through the WISEsecure system. Access the portal at https://dpi.wi.gov/cst/pi-1207. Data from your PI-1207 submission is migrated to the WISEdash portal, where private school enrollment data is publicly available.
Required Data Elements:
The PI-1207 form requires you to provide:
- School name, address, and contact information
- Principal/administrator name and contact details
- Student enrollment numbers by grade level
- Certification that your school meets all § 118.165 criteria
- Attendance verification (that you meet the 875-hour requirement)
- Staff information (number of teachers employed)
The form isn't particularly burdensome, but it must be accurate and complete. Keep your records organized throughout the year so you can complete this form quickly and accurately when the submission window opens.
Optional School Modification Form
In addition to the mandatory PI-1207 report, the Wisconsin DPI offers an optional School Modification Form.
Purpose:
This form allows you to notify DPI when you're establishing a new school or modifying existing school operations. Submitting this form adds your school to the official School Directory, making it easier for parents to find you and for DPI to maintain accurate records.
While not legally required, the DPI strongly recommends submitting this form. Additionally, DPI recommends contacting your local school district to inform them of your new school. This builds a positive relationship with the district, which can be valuable for coordination on special education services and other matters.
To submit a School Modification Form or ask questions about establishing a new school, contact privateschools@dpi.wi.gov.
Optional: Private School Choice Program Registration
If you're interested in participating in Wisconsin's state-funded school choice programs, an entirely separate registration process applies. These programs allow students to attend private schools using publicly funded vouchers.
Three Choice Programs Available:
Wisconsin operates three distinct school choice programs:
- Milwaukee Parental Choice Program (MPCP) - Serves Milwaukee students
- Racine Parental Choice Program (RPCP) - Serves Racine students
- Wisconsin Parental Choice Program (WPCP) - Statewide program
2025-26 Registration Timeline:
According to DPI choice program information:
- Parent application opens: February 3, 2025 at 8:00 AM
- New school registration deadline: August 1, 2025
- Training completion deadline: January 16 of the subsequent year
Additional Requirements for Choice Program Schools:
Schools participating in choice programs face substantially more requirements than non-participating private schools. These include:
- Notice of School's Intent to Participate
- Required school policies documentation
- Student Information System (SIS) setup and maintenance
- Surety Bond financial requirements
- Choice Program Requirements Training (mandatory with passing quiz)
- OAS (Online Application System) Access Training
- Fiscal Management Training
The choice programs can provide significant per-pupil funding (see Section VIII for payment amounts), but they also come with increased regulatory burden, reporting requirements, and operational constraints. Many microschools choose not to participate in choice programs, at least initially, to maintain maximum flexibility.
Contact Information:
For questions about school choice program participation:
- Email: PrivateSchoolChoice@dpi.wi.gov
- Phone: 1-888-245-2732
In summary: All private schools must file the PI-1207 annually. Registration is optional unless you're participating in choice programs. Establishing good communication with DPI and your local district, while not mandatory, is highly recommended for smooth operations.
IV. Teacher and Staff Requirements
One of Wisconsin's most attractive features for microschool founders is its exceptional flexibility regarding teaching staff. This section explains what's required, what's optional, and what opportunities exist.
Major Advantage: NO Teacher Certification Required
Here's one of the biggest advantages Wisconsin offers microschool operators. According to an official statement from the Wisconsin DPI:
"Private schools are not obligated to employ only licensed or certified teachers."
This statutory provision, rooted in WI Stat. § 115.28, creates enormous flexibility for private schools.
What This Means for Microschools:
You may hire teachers without state teaching licenses. This opens up your hiring pool dramatically. Instead of being limited to individuals who have completed traditional teacher preparation programs and obtained state credentials, you can hire:
- Subject matter experts with deep knowledge in their fields
- Career professionals who want to transition into education
- Artists, scientists, engineers, writers, and other specialists
- Passionate educators who may lack formal credentials but demonstrate exceptional teaching ability
- Retired teachers who may have let their licenses lapse
- Parents with expertise in particular subjects
This flexibility is particularly valuable for small schools that need versatile educators who can teach multiple subjects or who want to offer specialized instruction (like coding, classical languages, or advanced mathematics) that might be difficult to staff if certification were required.
The lack of a certification requirement doesn't mean you should hire unqualified individuals. Your reputation and educational quality depend on hiring excellent teachers. But it does mean you can prioritize knowledge, teaching ability, passion, and cultural fit rather than being constrained by credential requirements.
Optional Teacher Certification (If Desired)
While certification is not required, some teachers may wish to obtain Wisconsin teaching licenses for various reasons, such as maintaining credential portability or meeting specific career goals.
If your teachers wish to pursue Wisconsin teaching licenses, Wisconsin law supports this. The state superintendent SHALL grant certificates or licenses to private school teachers upon application. Importantly, teaching experience in private schools counts toward certification requirements.
However, there's an important caveat: applicants are eligible ONLY if the state superintendent finds that the private school offered an adequate educational program. This means your school must demonstrate quality educational programming for your teachers' private school experience to count.
For information about licensing pathways, visit the DPI licensing pathways page.
Mandatory Background Check Requirements
While teacher certification is optional, background checks are NOT optional. Wisconsin has clear requirements about who must be background checked.
Who Must Be Background Checked:
According to the Criminal Background Checks Bulletin, all individuals classified as employees under WI Stat. § 108.02(12) must be background checked if they are:
- Directly or indirectly related to the school's educational programming
- Providing services for the school (includes paid AND unpaid staff)
Here's a critical definition from the bulletin:
"Individuals who perform services for a school may be considered employees regardless of whether the individuals are paid directly by the school."
This means volunteers working regularly with students may need background checks. The key determinant is whether the individual is classified as an employee under state employment law, not whether they receive a paycheck from you.
Additionally, schools must complete background checks even if they're exempt from unemployment compensation requirements. Don't assume that being a very small employer exempts you from this requirement.
Exemptions:
Only two categories are exempt from background check requirements:
- Independent contractors (based on § 108.02(12) definition - must be TRUE contractors, not employees misclassified as contractors)
- Public school employees (their background checks are handled by the public school system)
For Choice Program Schools:
If you participate in state choice programs, additional restrictions apply. Choice program schools cannot employ individuals who would be ineligible for a teaching license due to disqualifying factors identified through background checks.
For background check procedures and requirements, consult:
Staff-to-Student Ratios (None Required)
Here's another area of major flexibility: Wisconsin does NOT mandate specific staff-to-student ratios for private schools.
Unlike many states that impose maximum class sizes or minimum staffing levels, Wisconsin allows private schools to determine appropriate ratios based on their educational philosophy, student needs, and resource constraints.
What Wisconsin Does NOT Require:
- Specific staff-to-student ratios
- Maximum class sizes
- Minimum staffing levels
- Particular organizational structures
Microschool Advantage:
This flexibility allows you to:
- Determine appropriate ratios based on your educational philosophy (a Montessori program might have different ratios than a classical academy)
- Adjust staffing to program needs as enrollment fluctuates
- Create multi-age classrooms with flexible groupings
- Maintain lower overhead costs by right-sizing your staff
- Experiment with innovative models like learning guides, mentors, or project facilitators rather than traditional classroom teachers
While you have complete flexibility, remember that your ratios will significantly impact educational quality and family satisfaction. Most microschools maintain relatively low ratios (often 8:1 to 12:1) as a competitive advantage and quality indicator, even though higher ratios would be legally permissible.
The combination of no certification requirements and no ratio mandates gives Wisconsin microschools exceptional flexibility in structuring their staffing models. Use this freedom strategically to create staffing structures that support your educational vision while remaining financially sustainable.
V. Curriculum and Academic Standards
Wisconsin's approach to curriculum for private schools balances mandatory core subjects with substantial flexibility in implementation. Understanding both the requirements and the freedoms will help you design compelling curriculum while maintaining compliance.
Six Required Core Subjects
WI Stat. § 118.165(1)(d) requires all private schools to provide "sequentially progressive curriculum of fundamental instruction" in six mandatory subjects:
- Reading
- Language Arts
- Mathematics
- Social Studies
- Science
- Health
These six subjects must be present in your curriculum every year for every student. There's no exemption for very young students or specialized programs. However, how you teach these subjects remains largely at your discretion.
"Sequentially Progressive" Means:
The statute's use of "sequentially progressive" indicates several important characteristics:
- Grade-level appropriate advancement: Students should progress through increasingly complex material as they advance through grade levels
- Building on previous learning: Later instruction should build on foundational skills and knowledge from earlier years
- Documented scope and sequence: You should be able to show how your curriculum advances from year to year
- Age-appropriate skill development: The curriculum should match developmental stages and student readiness
You don't need to follow any particular scope and sequence, but you do need to demonstrate sequential progression. This could follow the classical progression through grammar, logic, and rhetoric; the Montessori developmental planes; Charlotte Mason's living books approach; or any other coherent progression that shows advancement.
Religious Curriculum Exemption (Critical for Faith-Based Microschools)
For faith-based microschools, Wisconsin law provides an exceptionally valuable exemption. WI Stat. § 118.165(1)(d) explicitly states:
"This subsection does not require the program to include in its curriculum any concept, topic or practice in conflict with the program's religious doctrines or to exclude from its curriculum any concept, topic or practice consistent with the program's religious doctrines."
Practical Applications:
This exemption gives faith-based microschools substantial freedom to:
- Design curriculum according to religious beliefs and values
- Exclude topics that conflict with religious doctrines (you're not required to teach evolution if it conflicts with your religious beliefs, for example)
- Include religious concepts not typically found in secular curriculum (biblical literacy, theology, religious history from a faith perspective)
- Integrate faith throughout the curriculum rather than compartmentalizing it
- Use religious texts as primary source material in various subjects
Important Limitation:
While you can approach the six core subjects from a religious perspective and exclude concepts in conflict with your doctrines, you MUST still cover all six subjects in some form. You can't eliminate science entirely because it conflicts with your beliefs; rather, you can teach science consistent with your religious perspective.
Wisconsin Academic Standards (NOT Required for Private Schools)
Here's an important distinction that often confuses people. Wisconsin has developed comprehensive K-12 academic standards covering multiple subject areas. These standards provide detailed learning objectives, skill progressions, and educational benchmarks.
However, these are models for public schools ONLY. Private schools in Wisconsin are NOT required to follow Wisconsin academic standards.
Curriculum Flexibility:
Because you're not bound by state standards, you may:
- Adopt alternative educational standards (such as Classical education standards, Montessori outcomes, Charlotte Mason principles, or Core Knowledge sequences)
- Develop your own curriculum fully aligned with your educational philosophy
- Use standards from other organizations (like the Institute for Excellence in Writing, Singapore Math, or the Great Books Foundation)
- Select from various curricula without needing to verify alignment with state standards
- Use no particular standardized framework if you prefer to create entirely custom curriculum
What This Means Practically:
You could operate a classical Christian microschool using the Trivium approach without worrying about state standards alignment. You could run a Montessori program following AMI or AMS standards rather than Wisconsin standards. You could create a project-based learning environment focused on competency demonstration rather than grade-level standards.
The six required subjects are the constraint; how you approach those subjects is largely your choice.
Assessment and Testing Requirements (NONE)
Wisconsin's flexibility extends to assessment as well. The state does NOT mandate:
- Specific assessment requirements for private schools
- Standardized testing participation
- State testing (such as the FORWARD assessment used in public schools)
- Reporting of test scores to the state
- Particular assessment methods or schedules
Assessment Options Available:
You have complete freedom to:
- Use your own assessment methods (portfolios, demonstrations, presentations, projects)
- Adopt third-party assessments if you choose (MAP Growth, Stanford 10, Iowa Assessments, Terra Nova, or others)
- Use competency-based assessment focused on mastery rather than grade levels
- Employ narrative progress reports instead of traditional grades
- Use no standardized testing at all if you prefer alternative assessment methods
Contrast with Public Schools:
While public schools in Wisconsin must administer the FORWARD state assessment in designated grades, private schools are completely exempt from this requirement. This gives you the freedom to choose assessments that align with your educational philosophy rather than being forced to prepare students for state tests.
Many microschools use this freedom strategically, choosing assessments that provide useful diagnostic information (like MAP Growth for identifying skill gaps) while avoiding high-stakes testing that might narrow curriculum or create test-preparation pressure.
Record-Keeping and Progress Documentation
While Wisconsin doesn't mandate particular assessments, private schools do have record-keeping obligations under WI Stat. § 118.16.
Student Records Requirements:
Private schools must maintain:
- Enrollment information (who attends your school and in what grades)
- Attendance records (documentation of the 875 hours of instruction)
- Progress documentation (evidence of student advancement and learning)
- Any information required under WI Stat. § 120.18 (student information for attendance and transfer purposes)
Record Management Standards:
Student records must be:
- Confidential: FERPA (Family Educational Rights and Privacy Act) compliance applies to private schools, requiring you to protect student privacy
- Accessible to parents: Parents have the right to request and review their children's records
- Available for inspection: School attendance officers have the authority to inspect attendance records
- Source
Recommended Retention:
While not explicitly mandated, best practice includes:
- Maintain records for a minimum of 7 years (aligns with drill record requirements)
- Keep comprehensive attendance documentation showing you met the 875-hour requirement
- Document curriculum implementation throughout the school year
- Maintain student progress reports or assessment records demonstrating advancement
Good record-keeping serves multiple purposes: it demonstrates compliance if questioned, supports continuity if students transfer, provides documentation for high school transcripts, and protects both your school and families if disputes arise.
The combination of required core subjects with substantial implementation flexibility gives you room to create distinctive, philosophy-driven curriculum while meeting Wisconsin's compliance standards.
VI. Facilities and Safety Requirements
While Wisconsin offers substantial flexibility in curriculum and staffing, the state has specific, detailed requirements for facility safety. These requirements are non-negotiable and require systems for ongoing compliance.
Mandatory Fire and Safety Drills
Wisconsin law mandates three types of safety drills for private schools, with specific frequency requirements and documentation obligations under WI Stat. § 118.07(4).
Fire Drills:
Private schools must conduct fire drills at least once each month, meaning a minimum of 12 fire drills per school year. The purpose is to drill all pupils in proper departure methods in case of fire.
These drills must generally be conducted without warning to students, unless the school administrator determines that providing warning would be in the pupils' best interest (for example, with very young children or students with particular special needs).
There is one important exception: drills may be exempted when inclement weather would endanger pupils' health. However, you must still meet the minimum annual requirement, so weather-delayed drills should be made up when conditions improve.
Tornado and Hazard Drills:
Schools must conduct tornado and other hazard drills at least twice annually. These drills must practice evacuating all pupils to a safe location appropriate for tornado or other hazard situations.
Like fire drills, these are generally conducted without warning unless the administrator determines otherwise. The drills should cover various potential hazards relevant to your location, including tornado procedures and school safety incident responses.
Mandatory Record-Keeping:
Here's a requirement many new schools miss: you MUST maintain records of EACH drill for at least 7 years. Additionally, you must annually file a drill report with your local fire department chief.
Failure to maintain these records can create compliance issues during inspections or if questions arise about your safety procedures.
Compliance Tip:
Create a standardized drill record form that documents:
- Date and time of the drill
- Type of drill conducted (fire, tornado, or other hazard)
- Participants (all students and staff present)
- Any issues encountered during the drill
- Time required for evacuation or movement to safe location
- Notes on any needed improvements
Maintain a centralized file with 7-year history accessible for review. Establish an annual fire department reporting process well before the deadline to ensure timely submission.
School Safety Plans (Mandatory)
Beyond drills, WI Stat. § 118.07(4m)(b) requires each private school to have a comprehensive school safety plan.
Requirements:
Your school safety plan must include participation from appropriate parties including:
- Law enforcement involvement
- Fire department coordination
- Administrator and teacher input
- Mental health professional consultation
This isn't a solo endeavor. Your plan should reflect collaboration with community safety resources and professional expertise in mental health and crisis response.
On-Site Safety Assessments Required:
The statute requires regular on-site assessments of each school building, site, and facility. These assessments must be conducted regularly (an ongoing requirement rather than a one-time activity) with documentation of safety improvements implemented as a result.
Walk your facility regularly with a critical eye for potential hazards, security vulnerabilities, emergency access issues, and other safety concerns. Document these assessments and any actions taken to address identified issues.
Best Practices:
Create a detailed, location-specific plan rather than using a generic template. Your plan should include:
- Emergency contact protocols (who to call, in what order, with what information)
- Mapped evacuation routes for each room in your facility
- Established lockdown procedures with clear signals and expectations
- Shelter-in-place procedures for different types of hazards
- Communication protocols for notifying parents during emergencies
- Procedures for students with special needs or medical conditions
Review and update your plan annually, and train all staff on plan implementation at the beginning of each school year. Consider conducting tabletop exercises where staff talk through emergency scenarios to identify gaps or confusion in procedures.
Building Codes and Facility Requirements
Wisconsin regulates school buildings through state and local building codes. Schools are classified as commercial structures, not residential buildings, which means higher standards apply.
Applicable Standards:
Your school facility must comply with:
- State building codes (commercial application)
- Local building codes and ordinances
- State and local fire codes
- Health and safety standards
Commercial Building Code (SPS 361-366):
According to DPI school facilities regulations, Wisconsin's commercial building code applies to school buildings. Schools are regulated as commercial structures rather than residential buildings, which means stricter occupancy standards, accessibility requirements, and safety features.
Key Compliance Steps:
Before committing to a facility, take these essential steps:
- Verify local zoning allows school use. Not all buildings in all zones can legally be used for schools. Check with your local zoning office before signing a lease or purchase agreement.
- Have a building inspector review the facility BEFORE signing the lease or purchase. Many building code violations are expensive to fix. Knowing about them before you commit can save you from costly surprises or even prevent you from opening.
- Address any code violations before opening. Don't assume you can open and fix issues later. Code violations can result in occupancy permits being denied or revoked.
- Meet with the local fire department for approval. Fire marshals have authority over building occupancy and can identify safety issues that must be addressed.
- Document building compliance. Keep records of inspections, approvals, code compliance certificates, and any modifications made to meet standards.
Regulatory Contact Information:
For building and facility questions:
- Local building inspector (always your first contact for code questions specific to your facility)
- Department of Safety and Professional Services: 608/266-3151
- Department of Health Services: 608/266-1865
Don't cut corners on facility compliance. An unsuitable or non-compliant facility can prevent you from opening or force closure after you've invested significant time and resources. Building code compliance is one area where spending money upfront (on inspections, legal compliance, and proper facilities) prevents much larger problems later.
CPR and First Aid Instruction
WI Stat. § 118.076 requires private schools operating grades 7-12 to provide instruction in:
- CPR (Cardiopulmonary Resuscitation)
- Cardiocerebral Resuscitation
- AED (Automated External Defibrillator) training
Implementation Options:
You can meet this requirement by:
- Hiring a certified CPR/AED instructor to provide training
- Partnering with your local fire department or EMS to deliver instruction
- Using approved curriculum materials and having staff become certified instructors
- Incorporating CPR/AED training into your health curriculum
If you're only serving elementary grades (K-6), this requirement doesn't apply. However, many schools choose to provide basic first aid and emergency response education even when not required, as these are valuable life skills.
Indoor Environmental Quality Plans (For Choice Program Schools Only)
Schools participating in Milwaukee or Private School Choice Programs face an additional requirement: developing and implementing Indoor Environmental Quality (IEQ) plans.
Required Components:
IEQ plans must address:
- Ventilation systems and air exchange rates
- Air quality monitoring procedures
- Environmental conditions affecting student health
- Temperature control systems
- Humidity management
This requirement reflects growing awareness of how environmental factors affect student learning and health. Even if you're not participating in choice programs, considering these factors can improve your educational environment and student outcomes.
Safety and facility compliance might seem like administrative burden rather than educational work, but they're essential for protecting students and maintaining your school's reputation and legal standing. Build these requirements into your operational systems from day one rather than trying to add them later.
VII. Student-Related Regulations
Beyond operational requirements, Wisconsin law establishes specific requirements related to students themselves. Understanding these regulations ensures you properly serve families while maintaining compliance.
Compulsory Attendance Requirements
Wisconsin's compulsory attendance law, WI Stat. § 118.15, requires students ages 6 through 18 to be enrolled in an educational program.
What This Means for Microschools:
When students enroll in your private school, they satisfy Wisconsin's compulsory attendance requirement. Parents transferring students from public school to your microschool are meeting their legal obligation for their children's education. No additional exemptions or permissions are needed beyond enrollment in your program.
This makes the enrollment process straightforward from a legal compliance perspective. Parents don't need to file anything with the state or seek approval; enrollment in your private school is itself compliance with attendance law.
Attendance Tracking and Record-Keeping
While enrollment satisfies the attendance requirement, private schools must maintain detailed attendance records under WI Stat. § 118.16.
Mandatory Requirements:
Your attendance records must:
- Contain information required under WI Stat. § 115.30(2) and § 120.18
- Be open to inspection by school attendance officers at all reasonable times
- Be provided to attendance officers upon request on official forms
School Attendance Officer Access:
School attendance officers have the legal right to access attendance information for children ages 6-18. This includes both students who reside in the district and those claimed to be in attendance at your school.
If an attendance officer requests records, you must provide them. This typically occurs when there are questions about whether a particular child is receiving education, not as routine monitoring of your school.
Best Practices:
Implement robust attendance tracking systems:
- Use a Student Information System (SIS) for daily tracking (many cloud-based options exist specifically for small schools)
- Document daily attendance by individual student, not just aggregate counts
- Create a standard form for attendance officer requests so you can respond quickly
- Establish a clear policy for attendance officer access (during what hours, through what process)
- Train administrative staff on proper record-keeping procedures and officer request protocols
Maintaining excellent attendance records serves multiple purposes beyond compliance: it supports your documentation of the 875-hour requirement, provides evidence of student engagement, and protects you if questions arise about whether students are truly enrolled and attending.
Immunization Requirements (Mandatory)
Wisconsin law requires all public AND private school students to present written evidence of immunization within 30 school days of admission. This is a firm requirement with specific enforcement procedures.
Required Immunizations (K-12):
According to Wisconsin Department of Health Services immunization requirements, students must provide documentation of:
- 4 doses DTaP vaccine (Diphtheria, Tetanus, Pertussis)
- 4 doses Polio vaccine
- 3 doses Hepatitis B vaccine
- 2 doses MMR vaccine (Measles, Mumps, Rubella)
- 2 doses Varicella vaccine (Chickenpox)
Additional for Grades 7-12:
- 1 dose Tdap (Tetanus, Diphtheria, Pertussis booster)
- 1 dose MenACWY (Meningococcal) with booster dose in grade 12
Enforcement Timeline:
Students have until the 30th school day to provide immunization documentation or a signed waiver. Starting on the 31st school day, noncompliant students in grades K-5 MUST be excluded from school for up to 10 consecutive school days. Exclusion is OPTIONAL (at school discretion) for grades 6-12.
This enforcement timeline is strict. You cannot simply allow non-compliant students to continue attending indefinitely without documentation.
Waiver Options Available:
Wisconsin law allows waivers for three reasons:
- Health reasons (medical contraindications documented by a physician)
- Religious reasons (written statement of religious objection)
- Personal conviction reasons (written statement of personal conviction)
Waivers must be documented and kept on file. Parents must proactively request waivers; don't assume non-provision of immunization records constitutes an implicit waiver.
Reporting Requirements:
Schools must report aggregate immunization compliance data to their local public health department each fall. This is typically done through the Wisconsin Immunization Registry (WIR).
Wisconsin Immunization Registry (WIR):
Schools can integrate with WIR to automatically pull immunization data for enrolled students. This can save significant staff time and improve accuracy by accessing the state's centralized immunization database rather than manually tracking paper records from dozens of healthcare providers.
Compliance Checklist:
- [ ] Include immunization requirements in enrollment packet with clear explanation of 30-day deadline
- [ ] Track the 30-day timeline for each new student from their first day of attendance
- [ ] Create a system for exclusion if students remain non-compliant by day 31
- [ ] Maintain waiver documentation on file with student records
- [ ] Report aggregate compliance data to your local health department annually
Immunization compliance is an area where schools sometimes struggle, particularly small schools without dedicated administrative staff. Build this into your enrollment process from day one with clear communication to families and systematic tracking.
Special Education Requirements
Private schools are subject to federal Individuals with Disabilities Education Act (IDEA) requirements, but with important differences from public school obligations.
Critical Distinction - Parentally Placed Students:
According to Wisconsin DPI special education guidance for private schools:
"Children with disabilities enrolled by their parents in private schools do NOT have an individual right to receive some or all of the special education and related services they would receive if enrolled in the public schools"
This is a crucial distinction. When parents choose to enroll children with disabilities in private schools, those children do not have the same individual entitlement to services they would have in public school.
School District Responsibilities:
The school district where your private school is located has certain responsibilities:
- "Child find" responsibility to identify children with suspected disabilities
- Must evaluate children when disabilities are suspected
- Must provide "equitable services" - BUT NOT full individualized services
- Services are funded from a "proportionate share" calculation based on the number of private school students with disabilities
Services Plan vs. IEP:
Instead of an Individualized Education Program (IEP) guaranteeing specific services, the district creates a "Services Plan" describing available services. Parents do NOT have due process hearing rights regarding service plans the way they do for IEPs. Services are determined by what the district makes available from the proportionate share allocation, not by individual student need.
According to DPI Information Bulletin 06.03, services available to private school students are significantly more limited than public school special education services.
Best Practices for Microschools:
- Establish a relationship with your local school district special education director early
- Understand your district's proportionate share allocation and what services might be available
- Do NOT deny enrollment to students based on disability status (this violates federal disability discrimination law)
- Coordinate with the district on service provision, understanding that you may need to provide accommodations the district doesn't fund
- Document all students receiving services through district services plans
- Be transparent with families about the limits of services available to private school students
Many families choose microschools precisely because they can offer individualized attention and flexibility that benefits students with learning differences, even without formal special education services. Your ability to modify instruction, adjust pacing, and provide personalized support may address many student needs even when formal special education services are limited.
Extracurricular Activities Access
Wisconsin law provides an important benefit for your students: access to public school extracurricular activities.
Student Rights:
Under WI Stat. § 118.133, school districts SHALL permit students who reside in the district AND are enrolled in home-based private educational programs OR microschools to participate in extracurricular activities:
- On the same basis as public school students
- To the same extent as district pupils
- Including athletics, clubs, and other activities
What This Means:
Your microschool students can:
- Play on public school sports teams (if they meet the same eligibility requirements as public school students)
- Join public school clubs, academic teams, arts programs, and activities
- Access the same opportunities district students receive
This is a valuable option, particularly for small schools that cannot offer full athletic programs or extensive extracurricular options. Students can receive personalized academic instruction in your microschool while accessing sports, music, theater, robotics teams, or other activities through the local public school.
Understanding student-related regulations ensures you can properly serve families, maintain legal compliance, and help parents navigate their rights and responsibilities.
VIII. Financial and Administrative Requirements
Operating a microschool involves various financial and administrative considerations. While Wisconsin doesn't impose some of the financial burdens found in other states, understanding requirements is essential for proper planning.
Insurance Requirements (For Choice Program Schools)
If you participate in Milwaukee, Racine, or Wisconsin Parental Choice Programs, specific insurance requirements apply under WI Admin Code PI 35.13.
General Requirement:
Insurance coverage must be provided by:
- An insurance company licensed in Wisconsin, OR
- A non-profit, tax-exempt mutual protective organization serving schools controlled by religious denominations
All coverage must be on either an occurrence form or claims-made basis.
Six Required Insurance Types (Minimum Coverage Amounts):
1. Worker's Compensation Insurance
- As specified in Wisconsin Statute Chapter 102
- This is a non-negotiable requirement for any employer
2. Commercial General Liability Insurance
- Minimum: $1,000,000 per occurrence
- Personal injury coverage: at least $1,000,000
- (Coverage amounts may be adjusted based on written recommendation of a risk or insurance consultant)
3. Umbrella Excess Liability
- Minimum: $5,000,000 aggregate limit
- Provides coverage beyond primary liability policies
4. Auto Liability Insurance
- Combined single limit: $1,000,000 per accident
- Required if the school operates school buses or contracts for bus service
- May not apply to microschools without transportation programs
5. Errors and Omissions Insurance
- Minimum: $1,000,000 aggregate limit for school management
- Covers administrative errors, omissions, and professional liability
6. Sexual Misconduct Liability Insurance
- Minimum: $1,000,000 aggregate limit
- Critical protection given the serious nature of potential claims
Flexibility Provision:
According to WI Admin Code PI 35.13(7), coverage amounts may be adjusted based on "written recommendation of a risk or insurance consultant." This allows some flexibility if an insurance professional recommends different coverage levels based on your specific circumstances.
Important Note:
These specific requirements apply ONLY to schools participating in state choice programs. Non-participating schools should still carry appropriate insurance (general liability at minimum), but specific minimums aren't statutorily mandated.
Tax Status Considerations
Wisconsin law allows both nonprofit and for-profit private schools, giving you flexibility in how you structure your organization.
Nonprofit vs. For-Profit:
You can legally operate your microschool as:
- A nonprofit organization (typically 501(c)(3) tax-exempt)
- A for-profit business (LLC, S-corp, C-corp, or sole proprietorship)
Neither structure is required. This is a business decision based on your goals, funding model, and long-term vision.
For Choice Program Schools:
If you participate in school choice programs, you must provide notice stating whether your school is operated for profit or not-for-profit. If nonprofit, you must provide a copy of your IRS § 501(c)(3) certificate.
Tax Implications:
Nonprofit (501(c)(3)):
- Federal tax exemption on income
- Eligibility for grants restricted to nonprofit organizations
- Ability to accept tax-deductible donations
- Potential property tax exemptions
- More complex governance requirements (board of directors, bylaws, etc.)
For-Profit:
- Standard business tax treatment
- Full control by owner(s)
- Ability to distribute profits
- Simpler governance structure
- Standard corporate income tax obligations
No State Mandate:
Wisconsin does NOT require nonprofit status for private schools. This is purely a business structure decision. Many small microschools operate as for-profit businesses, particularly in their early years, converting to nonprofit status later if desired.
Tuition and Fee Regulations (None)
Wisconsin law demonstrates significant flexibility in financial matters. The state does NOT mandate:
- Specific tuition caps or limits
- Fee restrictions
- Price controls
- Financial aid requirements
Financial Freedom:
You have complete discretion to:
- Set tuition at market rates based on your costs and competitive positioning
- Charge additional fees for materials, activities, technology, or other services
- Offer scholarships, discounts, or financial aid at your discretion
- Design payment plans that work for your families and cash flow needs
- Adjust pricing annually without state approval
Strategic Considerations:
While you have pricing freedom, market dynamics, competitive positioning, and your mission will influence your tuition strategy. Many microschools deliberately price below traditional private schools to serve middle-income families who cannot afford $15,000-$30,000 annual tuition but want alternatives to public school. Others position as premium programs with higher pricing reflecting specialized offerings.
The absence of price controls gives you the flexibility to find the sweet spot between financial sustainability and accessibility to your target families.
School Choice Program Funding (Optional)
For schools that choose to participate in Wisconsin's state-funded choice programs, significant per-pupil funding is available.
2025-26 Payment Amounts:
According to DPI choice program payment information:
- $10,877 per student for grades K-8
- $13,371 per student for grades 9-12
These payments come from state funding, not from families. Participating schools receive these amounts for each eligible student enrolled through the choice program.
Understanding the Trade-Off:
These payment amounts represent significant funding, particularly for schools serving students from lower-income families who might not otherwise afford private school tuition. However, choice program participation comes with:
- Substantially increased regulatory requirements
- Additional reporting and documentation burden
- Student Information System mandates
- Fiscal management training requirements
- Financial reporting obligations
- Insurance requirements detailed earlier in this section
- Surety bond and fidelity bond requirements (PI 35.13(11))
Additional Requirements for Choice Schools:
According to DPI choice program requirements, participating schools must:
- Maintain surety bonds as specified in PI 35.13(11)
- Keep detailed fiscal records following state guidelines
- Complete fiscal management training and pass assessment
- Submit extensive financial reports to DPI
- Maintain fidelity bonds documenting financial controls
- Use approved Student Information Systems
- Follow choice program policies and procedures
Many microschools, particularly in their first few years, choose NOT to participate in choice programs. They prefer to maintain maximum operational flexibility, minimize regulatory burden, and serve families willing to pay private tuition. As schools grow and establish systems, some later choose to add choice program participation.
The financial picture for Wisconsin microschools is relatively favorable: no tuition caps, reasonable insurance requirements for non-choice schools, and optional access to state funding through choice programs if you're willing to accept additional regulation.
IX. Common Compliance Pitfalls (12 Critical Mistakes to Avoid)
Learning from others' mistakes is far less painful than making them yourself. This section covers the twelve most common compliance errors Wisconsin microschools make, helping you avoid problems before they occur.
Pitfall 1: Confusing Microschool and Private School Requirements
COMMON MISTAKE: Many educators assume that because they're operating a small program serving just a few families, they can follow homeschool rules rather than private school requirements.
REALITY: Microschools are NOT currently legal as a distinct category in Wisconsin (Assembly Bill 122 was vetoed). Any multi-family program serving two or more families MUST operate as a private school under § 118.165.
You cannot claim homeschool exemption if serving multiple families. Wisconsin law is explicit that instructional programs serving more than one family unit do not constitute home-based private educational programs. Single-family homeschools can use § 118.15 exemptions, but the moment you add a second family, you're operating a private school.
COMPLIANCE ACTION: If you're operating a microschool serving multiple families, implement ALL private school requirements immediately:
- File PI-1207 annual reports
- Meet all six criteria under § 118.165
- Conduct monthly fire drills and twice-yearly tornado drills
- Maintain proper attendance records
- Provide 875 hours of instruction annually
- Complete background checks on all staff
Don't wait for problems to arise. Operating without compliance puts your school at risk of closure and creates legal liability.
Pitfall 2: Missing the 875-Hour Requirement
COMMON MISTAKE: Underestimating the instructional time needed or failing to properly document hours provided.
REALITY: 875 hours per school year is MANDATORY with NO exceptions for small schools, alternative programs, or any other circumstances. Failure to meet this requirement means your program doesn't qualify as a private school, which means students aren't meeting compulsory attendance requirements.
CALCULATION: 875 hours ÷ 180 school days = 4.86 hours minimum per day
Many schools aim for 6-7 hours per day to build in a buffer for shortened days, field trips, weather closures, and other circumstances that reduce instructional time. If you operate 4.86-hour days with no buffer, a few snow days or schedule disruptions can put you under the requirement.
COMPLIANCE ACTION:
- Track actual instructional hours daily, not just days attended
- Document instructional hours in your attendance records
- Ensure your PI-1207 report accurately reflects hours provided
- Build your annual calendar with buffer days for weather, illness, and unexpected closures
- Consider tracking hours by subject to demonstrate comprehensive instruction
- Maintain documentation in case hours are questioned
Don't guess at instructional hours. Systematic tracking protects you and demonstrates compliance.
Pitfall 3: Incomplete Curriculum Documentation
COMMON MISTAKE: Not explicitly addressing all six core subjects in curriculum documentation, or having vague curriculum statements that don't demonstrate sequential progression.
REALITY: ALL six subjects (reading, language arts, mathematics, social studies, science, health) MUST be present in your curriculum. "Sequentially progressive" means you must demonstrate grade-appropriate advancement and building on previous learning. Vague statements like "We cover science topics of interest" may not satisfy compliance requirements.
COMPLIANCE ACTION:
- Create explicit curriculum documents showing each of the six subjects
- Include scope and sequence by grade level demonstrating progression
- Document the "sequentially progressive" nature of your curriculum with clear advancement
- For religious schools, document how you're applying the religious exemption while still covering core subjects
- Keep curriculum documentation accessible for review if requested
- Review curriculum documents annually and update to reflect actual implementation
Strong curriculum documentation serves multiple purposes: it guides your teaching, communicates your program to families, and demonstrates compliance with state requirements.
Pitfall 4: Failing to File PI-1207 by Deadline
COMMON MISTAKE: Submitting the PI-1207 annual report after the December 15 deadline, or failing to file entirely.
REALITY:
- October 15: Preferred deadline
- December 15: FIRM deadline (WISEsecure system closes)
- After December 15: School listed as INACTIVE
- Consequence: Ineligible for federal funding (Title I, II, IV programs)
ADDITIONAL CONSEQUENCES:
- Cannot track enrollment officially in state systems
- May face compliance inquiries from attendance officers
- Students potentially lose federal program eligibility
- School's status as an operating private school may be questioned
COMPLIANCE ACTION:
- Set an internal deadline for October 1 to allow time for data gathering
- Submit electronically via WISEsecure
- Keep confirmation of submission (print to PDF or save confirmation email)
- Calendar annual reminder for PI-1207 filing
- Assign specific staff responsibility for completion
- Verify submission was received and processed
This is one of the simplest compliance requirements, yet schools miss it every year. Don't let administrative oversight jeopardize your school's standing.
Pitfall 5: Inadequate Safety Documentation
COMMON MISTAKE: Conducting required drills but failing to maintain the mandatory 7-year records, or not filing annual reports with the fire department.
REALITY:
- Fire drills: Monthly (12+ per year)
- Tornado/hazard drills: 2x yearly minimum
- School safety drills: 2x yearly minimum
- MUST maintain records for 7 YEARS (WI Stat. § 118.07)
- MUST file annual report with local fire department chief
Schools that conduct drills but don't document them properly are still non-compliant. If you cannot produce drill records going back 7 years, you cannot demonstrate compliance.
COMPLIANCE ACTION:
- Create a standardized drill record form used for every drill
- Document: date, time, type of drill, all participants, any issues encountered, evacuation/response time, notes on improvements
- Maintain centralized file with complete 7-year history
- Establish fire department reporting process with deadline reminder
- Assign specific staff responsibility for drill documentation
- Review drill records annually to verify completeness
Good safety documentation protects students, demonstrates professional operation, and ensures compliance with state law.
Pitfall 6: Incorrect Background Check Implementation
COMMON MISTAKE: Hiring staff without completing background checks, or incorrectly using the independent contractor exemption for individuals who are actually employees.
REALITY: ALL employees directly or indirectly involved in educational programming need background checks. The "independent contractor" exemption requires TRUE contractor status under § 108.02(12), not merely calling someone a contractor.
According to the Criminal Background Checks Bulletin, individuals who perform services for a school may be considered employees regardless of whether they're paid directly by the school. This includes volunteers who work regularly with students.
Misclassifying employees as contractors creates multiple problems:
- Legal liability for not completing required background checks
- Potential employment law violations
- Tax and workers' compensation issues
- Risk to students if individuals with concerning backgrounds are not screened
COMPLIANCE ACTION:
- Background check ALL staff before they begin work (teachers, aides, administrators, volunteers)
- Document background check completion date and results
- Keep background check records on file with personnel records
- If using contractors, verify they meet the legal definition of independent contractor
- For choice program schools, apply additional restrictions on hiring individuals ineligible for teaching licenses
- Review background check policies annually
Student safety is paramount, and proper background checking is essential protection.
Pitfall 7: Inadequate Insurance Coverage
COMMON MISTAKE: Underestimating insurance needs, having coverage gaps, or not carrying the six required types for choice program schools.
REALITY (for choice program schools): MUST have minimum coverage in six specific categories. General liability minimum of $1 million per occurrence is baseline, but individual incidents can create multiple claims quickly exceeding coverage limits. Inadequate insurance creates existential risk for the school.
COMPLIANCE ACTION:
- Verify all six insurance types are in place if participating in choice programs
- Review insurance policies annually with a qualified insurance consultant
- Consider supplemental coverage beyond minimums
- Document insurance compliance in school files
- Include insurance costs in annual budgets with planned increases
- Get certificate of insurance from each provider
- Understand your deductibles and coverage exclusions
Insurance feels expensive until you need it. Proper coverage is essential financial protection.
Pitfall 8: Misunderstanding Special Education Obligations
COMMON MISTAKE: Either thinking IDEA doesn't apply to private schools at all, or believing private schools must provide the same special education services as public schools.
REALITY: School districts must provide "equitable services" to private school students with disabilities, BUT there is no individual right to services comparable to public school IEPs. Services come from the district's "proportionate share" allocation, which is typically quite limited.
As stated by Wisconsin DPI, children with disabilities enrolled by their parents in private schools do NOT have the same entitlement to services they would have in public school.
However, you still cannot:
- Refuse enrollment based on disability status (violates federal disability discrimination law)
- Fail to coordinate with the district on "child find" responsibilities
- Deny reasonable accommodations within your capabilities
COMPLIANCE ACTION:
- Establish a relationship with your local school district special education director before you need it
- Understand your district's specific proportionate share allocation
- Document all students receiving services through district services plans
- Coordinate with the district on service provision logistics
- Be transparent with families during enrollment about the limits of available services
- Consider what accommodations and supports your school can provide beyond district services
- Never use disability status as an enrollment decision factor
Many microschools successfully serve students with learning differences through individualized attention and flexible programming, even with limited formal special education services.
Pitfall 9: Forgetting Immunization Requirements
COMMON MISTAKE: Not enforcing the 30-day immunization documentation requirement, or failing to exclude non-compliant students after day 31.
REALITY: Students have exactly 30 school days to provide immunization documentation or a waiver. After day 31, K-5 students MUST be excluded from school if non-compliant. This isn't optional.
Parents can seek waivers (health, religious, or personal conviction), but they must request them in writing. Simply not providing immunization records doesn't constitute a waiver.
Noncompliance affects your school's good standing and potentially creates liability if disease outbreaks occur.
COMPLIANCE ACTION:
- Include immunization documentation requirements in enrollment packets with clear explanation of 30-day deadline
- Track the 30-day timeline for each new student from their first day of attendance
- Create an exclusion process for day 31 noncompliance (including notification to parents before exclusion)
- Maintain signed waiver documentation in student files
- Report aggregate immunization compliance to your local health department annually
- Consider integrating with Wisconsin Immunization Registry to streamline verification
Clear communication with families about immunization requirements during enrollment prevents problems later.
Pitfall 10: Not Maintaining Required Attendance Records
COMMON MISTAKE: Using informal attendance tracking (like sign-in sheets or memory) rather than formal attendance records accessible to school attendance officers.
REALITY: Private schools MUST maintain formal attendance records under WI Stat. § 118.16. These records must be accessible to school attendance officers and provided on official forms when requested.
Attendance officers have inspection rights. If they request records and you cannot produce them, you're in violation regardless of whether students are actually attending.
COMPLIANCE ACTION:
- Use a Student Information System (SIS) for daily attendance tracking (cloud-based options designed for small schools are affordable)
- Document daily attendance by individual student, not just aggregate counts or sign-in sheets
- Create a standard form for responding to attendance officer requests
- Establish a clear attendance officer access policy (during what hours, through what process, with what notice)
- Train administrative staff on record-keeping procedures and officer request protocols
- Keep attendance records for at least 7 years along with other student records
Robust attendance records serve multiple purposes: compliance verification, 875-hour documentation, student engagement tracking, and protection if attendance is questioned.
Pitfall 11: Ignoring Zoning and Building Code Issues
COMMON MISTAKE: Assuming any building can be used as a school, or signing a lease before verifying zoning and code compliance.
REALITY:
- Local zoning must explicitly allow school use in the zone where your facility is located
- Building code compliance is required (commercial code SPS 361-366, not residential)
- Fire department approval is necessary
- A building that works perfectly for private residential use may not qualify for school use
Discovering zoning or code violations after signing a lease or purchasing a building can be financially devastating.
COMPLIANCE ACTION:
- Check zoning BEFORE securing any facility (call local zoning office, explain your intended use, verify it's allowed)
- Have a building inspector review the facility before signing lease or purchase agreement
- Address all code violations before opening (not after you've invested in the space)
- Meet with your local fire department for facility approval before committing to the space
- Document building compliance (keep inspection reports, approval letters, certificates of occupancy)
- Budget for code compliance work if needed
Spending a few hundred dollars on inspections before committing to a facility can save tens of thousands in unusable space or required improvements.
Pitfall 12: Inadequate School Safety Plan
COMMON MISTAKE: Using a generic safety plan template downloaded from the internet rather than creating a comprehensive, location-specific plan with required stakeholder participation.
REALITY: WI Stat. § 118.07(4m)(b) requires your safety plan to:
- Be comprehensive and specific to your facility
- Include participation from required stakeholders (law enforcement, fire department, administrators, teachers, mental health professionals)
- Include regular on-site facility assessments
- Be current and regularly reviewed
Generic templates don't meet this requirement.
COMPLIANCE ACTION:
- Create a detailed, location-specific plan tailored to your actual facility and community context
- Include participation from: law enforcement, fire department, administrators, teachers, mental health professionals
- Conduct regular facility safety assessments (walk your space with security/safety in mind)
- Update your plan annually based on changes in facility, enrollment, or identified concerns
- Document all safety plan changes and reviews
- Train all staff on plan implementation at the beginning of each year
- Consider tabletop exercises to identify gaps in the plan
Your safety plan isn't just a compliance document; it's genuine protection for students and staff. Take it seriously.
These twelve pitfalls represent the most common compliance errors Wisconsin microschools make. Avoiding them requires systems, documentation, and attention to detail, but none are insurmountably difficult. Build compliance into your operations from day one rather than trying to retrofit it later.
X. Wisconsin Private School Quick-Start Checklist
Launching a compliant microschool requires addressing multiple requirements systematically. This comprehensive checklist guides you through the essential steps before opening, during your first year, and in subsequent years.
Before Opening (Pre-Launch Phase)
Legal and Administrative Foundation:
- [ ] Consult an attorney specializing in education law for your specific situation
- [ ] Contact Wisconsin Council of Religious and Independent Schools (WCRIS) for consultation
- [ ] Develop formal school mission statement clearly articulating your educational philosophy
- [ ] Decide on business structure (nonprofit vs. for-profit) based on your goals and funding model
- [ ] If nonprofit: Apply for 501(c)(3) status through the IRS (allow several months for approval)
- [ ] If for-profit: Register business entity with Wisconsin Department of Financial Institutions
- [ ] Obtain Employer Identification Number (EIN) from IRS
Curriculum Development:
- [ ] Create formal curriculum documents for all 6 required subjects (reading, language arts, mathematics, social studies, science, health)
- [ ] Document the "sequentially progressive" nature of your curriculum showing grade-level advancement
- [ ] Plan an 875-hour instructional calendar (aim for 6-7 hours/day to build in buffer for disruptions)
- [ ] For faith-based schools: Document how you're applying the religious exemption while covering core subjects
- [ ] Select or develop assessment methods aligned with your educational philosophy
- [ ] Create curriculum scope and sequence documents showing multi-year progression
Facility Preparation:
- [ ] Identify potential facility locations considering size, layout, and accessibility
- [ ] Verify local zoning allows school use BEFORE signing lease or purchase agreement
- [ ] Have facility inspected for building code compliance before committing to the space
- [ ] Meet with local fire department about safety requirements and get preliminary approval
- [ ] Address any code violations identified before opening
- [ ] Develop comprehensive school safety plan specific to your facility with required stakeholder input
- [ ] Map evacuation routes, identify safe areas for tornado/hazard drills
Insurance and Risk Management:
- [ ] Consult with insurance agent experienced in school coverage about your needs
- [ ] If participating in choice programs: Verify all six required insurance types with minimum coverage levels
- [ ] If not in choice programs: Obtain at minimum general liability and property insurance
- [ ] Obtain worker's compensation insurance as required by Wisconsin law
- [ ] Document insurance compliance with certificates of insurance on file
Systems Setup:
- [ ] Select or create a Student Information System (SIS) for attendance and record-keeping
- [ ] Develop attendance tracking procedures meeting state requirements
- [ ] Create background check procedures including timeline and documentation
- [ ] Establish immunization documentation process with 30-day tracking system
- [ ] Set up record-keeping systems for student records, attendance, drills, financial records
- [ ] Create standardized forms: drill records, attendance officer requests, immunization tracking, enrollment
District Coordination:
- [ ] Contact local school district special education director to establish relationship
- [ ] Understand proportionate share special education services available
- [ ] Submit optional School Modification Form to DPI (recommended even though not required)
- [ ] Notify local school district of your new school as DPI recommends
First Year Operations (Ongoing Requirements)
Staff Management:
- [ ] Complete background checks on all staff before they begin work with students
- [ ] Document background check completion dates and maintain records
- [ ] Create personnel files for all employees including background checks, job descriptions, credentials
- [ ] Develop staff handbook covering policies, procedures, and expectations
- [ ] Train all staff on safety procedures, drill protocols, and compliance requirements
Instructional Tracking:
- [ ] Track actual instructional hours daily by student (not just attendance days)
- [ ] Document hours provided to demonstrate 875-hour compliance
- [ ] Ensure you're meeting minimum hours even with shortened days, field trips, or disruptions
- [ ] Maintain comprehensive curriculum implementation records showing all six subjects taught
- [ ] Adjust schedule if needed to ensure 875-hour requirement will be met
Student Records:
- [ ] Implement daily attendance tracking system in your SIS
- [ ] Request immunization documentation from all students at enrollment
- [ ] Track 30-day immunization compliance deadline for each student
- [ ] Enforce immunization exclusion for non-compliant K-5 students after day 31
- [ ] Maintain comprehensive student progress records demonstrating learning and advancement
- [ ] Keep all student records confidential in accordance with FERPA requirements
Safety Compliance:
- [ ] Conduct monthly fire drills (minimum 12 per year, more if needed to average monthly)
- [ ] Conduct tornado/hazard drills twice per year minimum
- [ ] Conduct school safety drills twice per year minimum
- [ ] Document ALL drills using standardized drill record forms
- [ ] Maintain drill records in centralized file for 7-year retention
- [ ] File annual drill report with local fire department chief
- [ ] Review and update school safety plan based on drills and facility assessments
Annual Reporting:
- [ ] Submit PI-1207 Private School Report by October 15 preferred deadline (December 15 firm deadline)
- [ ] Verify your school meets all six criteria under § 118.165 as part of PI-1207 attestation
- [ ] Keep confirmation of PI-1207 submission in school files
- [ ] Verify your school appears correctly in the DPI School Directory
Annual Requirements (Every Year Thereafter)
Regulatory Compliance:
- [ ] File PI-1207 Annual Report by October 15 (access at WISEsecure)
- [ ] Update and verify immunization records for all students
- [ ] File immunization aggregate compliance report to local health department
- [ ] Renew all insurance coverage before expiration
- [ ] Maintain complete drill documentation (fire monthly, tornado/hazard twice yearly)
- [ ] File annual drill report with local fire department chief
- [ ] Review and update comprehensive school safety plan
- [ ] Conduct facility safety assessment with required stakeholder participation
Operational Review:
- [ ] Verify continued building code compliance (any facility changes may trigger new inspections)
- [ ] Review and update curriculum documentation to reflect current implementation
- [ ] Review attendance tracking procedures to ensure they meet state requirements
- [ ] Update student records management practices and verify FERPA compliance
- [ ] Audit 875-hour compliance and adjust calendar for following year if needed
- [ ] Review staff background checks and complete checks for any new hires
- [ ] Assess insurance coverage adequacy based on enrollment and operations
For Choice Program Schools (Additional Annual Requirements)
If you participate in Milwaukee, Racine, or Wisconsin Parental Choice Programs, add these additional requirements:
- [ ] Complete required fiscal management training and pass quiz
- [ ] Complete choice program requirements training and pass quiz
- [ ] Submit evidence of all six required insurance types to DPI with minimum coverage verification
- [ ] Maintain current fidelity bond meeting program requirements
- [ ] Maintain current surety bond as specified in PI 35.13(11)
- [ ] Ensure compliance with WISEdata student data submission requirements
- [ ] Maintain approved Student Information System meeting choice program specifications
- [ ] Participate in student application process during designated windows (typically February-April)
- [ ] Track voucher student enrollment separately from private-pay students
- [ ] Submit all required financial reports to DPI by specified deadlines
- [ ] Maintain detailed fiscal records following state guidelines
- [ ] Coordinate with DPI on any choice program policy changes or updates
This comprehensive checklist ensures you address all essential compliance areas. Create a master compliance calendar with all deadlines and requirements, assign specific staff responsibilities for each area, and review your compliance status quarterly to ensure nothing falls through the cracks.
XI. Resources and Contacts
Navigating Wisconsin's regulatory environment is much easier with the right resources. This section provides comprehensive contact information and links to official sources.
Wisconsin Department of Public Instruction (DPI)
Main Private School Resources:
- Private Schools Overview: Establishing a Private School
- Private School Statutes: Legal Requirements
- Parental Education Options: All Alternative Education Options
- School Directory: Official List of Wisconsin Schools
Annual Reporting:
- PI-1207 Private School Report: Reporting Portal and Information
- WISEdash Portal: Private Enrollment Data
Choice Programs:
- School Registration: Choice Program Participation
- New School Registration: First-Time Participation
- Payment Amounts FAQ: Current Funding Levels
Key Email Contacts:
- General Private School Questions: privateschools@dpi.wi.gov
- Choice Program Questions: PrivateSchoolChoice@dpi.wi.gov
- Choice Program Phone: 1-888-245-2732
Wisconsin Legislature - Statutory Resources
Key Statutes (Direct Links):
- Chapter 115 (Definitions, Teacher Licensing): View Full Chapter
- Chapter 118 (School Operations): View Full Chapter
- § 118.165 (Private School Criteria): Six Mandatory Criteria
- § 118.07 (Drills and Safety): Fire Drills, Safety Plans
- § 118.15 (Compulsory Attendance): Attendance Requirements
Administrative Code:
- PI 35 (Insurance Requirements): Choice Program Insurance
Proposed Legislation:
- Assembly Bill 122 (2021) - Vetoed: Microschool Legislation
- AB 122 Veto Message: Governor's Veto
Other State Departments
Department of Health Services:
- Immunization Requirements: Required Vaccines and Schedules
- Immunization FAQs: Detailed Information for Schools
- Phone: 608/266-1865
Department of Safety and Professional Services:
- Building Code Information and Compliance
- Phone: 608/266-3151
Department of Workforce Development:
- Employment Classification Questions
- Worker's Compensation Information
- Phone: 608/266-3131
Supporting Organizations
Wisconsin Council of Religious and Independent Schools (WCRIS):
- Phone: (608) 287-1224
- Services: Consultation for prospective school administrators, support for private school development, advocacy for private education, networking opportunities
- WCRIS is an excellent resource for new schools, offering experienced guidance from those who have successfully navigated Wisconsin's regulatory environment.
Educator Resources
Teacher Licensing (Optional for Private Schools):
- Pathways to Licensure: How to Obtain Wisconsin Teaching License
- Background Check Information: Required Checks and Procedures
- Criminal Background Checks Bulletin: Detailed Requirements for Private Schools
Special Education:
- Private School Special Education Resources: Services for Private School Students
- Information Bulletin 06.03: Parentally-Placed Students in Private Schools
- Student Records Confidentiality: FERPA Compliance Guide
Academic Standards (Optional Reference):
- K-12 Wisconsin Standards: Model Standards for Public Schools
- Note: Private schools are NOT required to follow these standards, but they provide useful reference points
Facilities:
- School Facility Regulations: Building Code and Safety Requirements
Additional Helpful Resources
Federal Resources:
- FERPA (Student Privacy): Understanding federal student record privacy requirements
- IDEA (Special Education): Federal special education law applicable to private schools
- Title Programs: Information about federal programs available to private school students
Professional Development:
- Consider joining national microschool networks and organizations for best practices sharing
- Attend Wisconsin private school association conferences and workshops
- Connect with other Wisconsin microschool operators for peer learning
Insurance and Legal:
- Consult with insurance brokers experienced in school coverage
- Build relationships with education law attorneys for guidance on specific situations
- Consider risk management consultants for safety and compliance reviews
Keep this resource section readily accessible. Bookmark key websites, save important email addresses, and maintain current contact information for your local fire department, building inspector, school district special education director, and attendance officer. Building relationships with these contacts before you need them makes compliance much smoother.
XII. Conclusion and Next Steps
You've now covered everything you need to know about Wisconsin's microschool and private school regulatory environment. Let's synthesize the key takeaways and create your action plan for moving forward.
Summary of Wisconsin's Microschool Regulatory Environment
The Current Landscape:
As of November 2025, microschools are NOT currently legally recognized as a distinct educational category in Wisconsin. Assembly Bill 122, which would have created a specific microschool framework, was vetoed in full by the governor. More recent legislation passed the Assembly in January 2024 but has not been enacted into law.
This means any multi-family educational program MUST operate as a private school under WI Stat. § 118.165. Single-family homeschools remain exempt from most private school regulations, but serving even one additional family moves you into private school territory.
Key Advantages for Wisconsin Teachers:
Despite the need to operate under private school regulations, Wisconsin offers exceptional advantages for microschool founders:
- NO teacher certification required - Hire subject matter experts, career professionals, and passionate educators based on knowledge and ability rather than state credentials
- NO class size limits - Create multi-age classrooms, individualized learning environments, and adaptive structures based on educational philosophy
- NO standardized testing - Choose assessment methods aligned with your approach, from portfolios to demonstrations to optional third-party assessments
- Curriculum flexibility - Teach the six core subjects using your chosen approach, with religious exemptions available for faith-based schools
- No tuition caps - Set market-based pricing without state-imposed price controls
Core Responsibilities:
Operating legally in Wisconsin requires meeting specific, non-negotiable requirements:
- 875 instructional hours annually - Hard requirement with no exceptions; aim for 6-7 hours daily to build in buffer
- Six core subjects in sequentially progressive curriculum - Reading, language arts, mathematics, social studies, science, health
- Monthly fire drills + twice yearly tornado/safety drills - With mandatory 7-year documentation and annual fire department reporting
- PI-1207 annual report - Filed by October 15 (preferred) or December 15 (firm deadline) through WISEsecure
- Background checks for all staff - Includes paid and unpaid employees involved in educational programming
- Immunization enforcement - 30-day compliance window with mandatory K-5 exclusion after day 31 for non-compliant students
- Attendance record-keeping - Formal records accessible to school attendance officers upon request
Your 30-Day Action Plan
Ready to move from planning to action? Here's your month-by-month roadmap for the first 30 days.
Week 1: Legal Foundation
- [ ] Consult with an education law attorney about your specific situation and structure
- [ ] Contact WCRIS at (608) 287-1224 for consultation and support
- [ ] Decide on business structure (nonprofit vs. for-profit) based on goals, funding, and long-term vision
- [ ] Review all six private school criteria in § 118.165 to understand full requirements
- [ ] Draft preliminary mission statement articulating your educational philosophy
Week 2: Curriculum and Calendar
- [ ] Develop curriculum framework for all 6 core subjects (reading, language arts, mathematics, social studies, science, health)
- [ ] Create annual 875-hour instructional calendar (remember: 875 ÷ 180 = 4.86 hours minimum; aim for 6-7)
- [ ] Document "sequentially progressive" nature of curriculum showing grade-level advancement
- [ ] Plan your assessment approach (what methods align with your philosophy?)
- [ ] For faith-based schools: Document religious exemption application to curriculum requirements
Week 3: Facility and Safety
- [ ] Identify potential facility locations considering size, zoning, accessibility
- [ ] Verify zoning allows school use BEFORE signing any lease or purchase agreement
- [ ] Schedule building code inspection for your top facility choice
- [ ] Meet with local fire department about safety requirements and facility approval
- [ ] Begin drafting comprehensive school safety plan with required stakeholder participation
- [ ] Map preliminary evacuation routes and safe areas for drills
Week 4: Systems and Compliance
- [ ] Select Student Information System for attendance and record-keeping
- [ ] Create attendance tracking procedures meeting state inspection requirements
- [ ] Establish background check process with timeline and documentation system
- [ ] Develop immunization documentation system with 30-day tracking
- [ ] Contact local school district special education director to establish relationship
- [ ] Create compliance calendar with all annual deadlines
Month 2-3: Opening Preparation
Finalize Compliance Systems:
- Complete comprehensive school safety plan with all required stakeholder input
- Obtain all required insurance (general liability at minimum; six types if participating in choice programs)
- Set up complete record-keeping systems (student records, attendance, drills, financial, personnel)
- Create standardized forms (drill records, attendance officer requests, immunization tracking, enrollment)
- Review facility for code compliance and address any violations before opening
Submit Initial Documentation:
- Submit optional School Modification Form to privateschools@dpi.wi.gov (recommended)
- Contact local fire department about annual drill reporting process
- Establish relationship with school attendance officer (contact through local school district)
- If participating in choice programs: Complete all registration requirements well before deadlines
Staff Preparation:
- Hire qualified teachers and staff aligned with your mission
- Complete background checks for all staff before they begin work with students
- Train all staff on compliance requirements (drills, attendance, safety, record-keeping)
- Create comprehensive staff handbook covering policies, procedures, expectations
- Conduct pre-opening safety drills with staff to refine procedures
Ongoing Success Strategy
Annual Compliance Calendar:
- October 15: Submit PI-1207 report (preferred deadline; firm deadline December 15)
- Monthly: Fire drills with complete documentation
- 2x yearly: Tornado/hazard drills with documentation
- 2x yearly: School safety drills with documentation
- Fall: Immunization compliance reporting to local health department
- Annually: Insurance renewal before expiration
- Annually: School safety plan review and update with stakeholder participation
- Every 7 years: Purge drill records older than 7 years (but maintain recent 7 years)
Professional Development:
- Join Wisconsin private school associations for networking and updates
- Attend DPI workshops and trainings (particularly if considering choice program participation)
- Network with other microschool operators in Wisconsin and nationally for best practices sharing
- Stay informed on legislative developments regarding microschool-specific legislation
- Read education law updates and subscribe to DPI email notifications
Quality and Growth:
- Regularly assess educational quality and student outcomes
- Gather parent feedback and testimonials for continuous improvement
- Document student success stories and program outcomes
- Refine curriculum based on implementation experience
- Consider strategic growth (additional grades, enrollment expansion, second location)
Legislative Monitoring
Watch for Future Changes:
Microschool legislation may be reintroduced in future Wisconsin legislative sessions. Stay informed about potential changes that could create a distinct legal category for microschools.
- Monitor the Wisconsin Legislature website for new education bills
- Track DPI updates and announcements for regulatory changes
- Join advocacy organizations supporting school choice and alternative education
- Connect with other microschool operators to coordinate advocacy efforts
- Consider participating in legislative hearings if microschool bills are introduced
Final Encouragement
Wisconsin offers significant flexibility for private schools and microschools, despite the current requirement to operate under private school regulations rather than a dedicated microschool statute. With proper planning, comprehensive compliance documentation, and adherence to the six core criteria, teachers can successfully launch and operate thriving microschools that provide personalized, innovative education to Wisconsin families.
The path forward:
- Understand and accept private school requirements - Don't fight the regulatory reality; work within it strategically
- Build robust compliance systems from day one - It's much easier to maintain compliance than to retrofit it later
- Maintain meticulous documentation - Good records protect you, demonstrate compliance, and support quality
- Prioritize safety and student well-being - Compliance requirements exist for good reasons; embrace them
- Create exceptional educational experiences - Compliance is the floor, not the ceiling; focus your energy on educational excellence
Wisconsin's regulatory environment is manageable for dedicated educators willing to invest in proper setup and ongoing compliance. Your microschool can thrive while meeting all legal requirements. The families you serve will appreciate your commitment to both educational innovation and professional operation.
Thousands of families in Wisconsin are actively seeking alternatives to traditional public and private schools. With proper compliance, compelling curriculum, excellent teaching, and a clear mission, your microschool can provide exactly what these families need while operating with full legal protection and confidence.
Ready to take the next step?
Pick up the phone and call WCRIS at (608) 287-1224 today. Schedule that consultation with an education attorney. Walk through your target facility with a building inspector. Start building the microschool Wisconsin families are waiting for.
The time to start is now. Wisconsin needs innovative educators like you willing to create better educational options for children. This guide has given you the roadmap; now it's time to take the journey.
Legal Disclaimer: This guide provides educational information about Wisconsin private school regulations based on official government sources. It is not legal advice. Consult with an attorney specializing in education law for guidance specific to your situation. Regulations may change; verify current requirements with the Wisconsin Department of Public Instruction and other relevant agencies before making decisions.
Last Updated: November 19, 2025
Sources: All information derived from Wisconsin Department of Public Instruction, Wisconsin Legislature statutes, Wisconsin Department of Health Services, and other official government sources, with direct citations provided throughout.








