State regulation of private schools remains an important topic for parents, educators, policymakers, and school administrators. Every state establishes its own legal framework governing private education, resulting in significant differences in oversight, accreditation requirements, health and safety standards, and public benefits available to private school students.
This article summarizes the legal principles that continue to shape private school regulation while incorporating important developments through 2026. Readers seeking state-specific requirements should consult the latest resources published by the U.S. Department of Education Office of Non-Public Education and their respective state departments of education.
State Regulation of Private Schools
State Regulation of Private Schools provides a brief description, by state, of the legal requirements that apply to private schools. In addition, each state entry includes statistics on private schools by type in the state. This manual was originally intended to serve as a reference for public and private school officials, state policymakers, and researchers. While this publication updated a 1993 analysis prepared by the former Office of Private Education, readers should note that current guidance is now maintained by the U.S. Department of Education's Office of Non-Public Education (ONPE), which periodically updates state regulatory information.
To ensure the accuracy of the original analysis, contact persons in each state were designated by the Chief State School Officer. Each state summary was submitted to the appropriate state department of education for consideration and approval. The individuals who reviewed and amended these summaries contributed significantly to the publication's accuracy. The manual
