Tia Howard wanted to start her own micro-school. So, she contracted with a curriculum provider, found a piece of rural residential land, signed a contract and made a $5,000 deposit.But Howard soon found Pinal County’s zoning code does not account for micro-schools. And per an interpretation from the county, a micro-school would be barred from rural residential land as it does not fall under the county’s definition of a “school.”
Dr. Stephen Howard, his wife, Tia Howard, and their son, Isaac, pose for a photo on July 15. Tia Howard wanted to start her own micro-school, so she contracted with a curriculum provider and found some rural residential land, signed a contract and made a $5,000 deposit. However, she soon discovered Pinal County’s zoning code does not account for such schools. (Photo courtesy of Institute for Justice)
Micro-schools emerged as an alternate educational option, with many operators utilizing the universal Empowerment Scholarship Account (ESA) expansion to start schools at home or in other residential or commercial spaces.
But the micro-school model, which can take shape as a charter, a private school, an ESA vendor, or a combination of all three, often fails to fit squarely into one category in zoning ordinances. And the lack of clarity in the law puts micro-schools in limbo as operators breach various zoning codes, often without realizing it.
“My guess is there’s probably a lot of people who are violating a lot of zoning laws right now,” Paul Avelar, attorney for the Institute for Justice, said. “Simply because no one even noticed what they’re doing. Because what they’re doing is perfectly harmless. And yet, it’s still somehow illegal.”
Paul Avelar …
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