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 also incorporated homeschooling requirements and private school statistics from the National Center for Education Statistics.
This document is intended to provide helpful guidance. It creates no new rights or responsibilities. Additionally, nothing in this study reflects the position of the U.S. Department of Education as to the meaning or effect of any specific state legal requirement. Readers are encouraged to consult current state constitutions, statutes, regulations, and relevant case law because legal requirements may change over time.
Parents interested in understanding how private schools operate within today's legal framework may also find What's a Private School? A 2025 Guide for Parents & Students useful.
Parents' Constitutional Right to Choose Private Education
Under the United States Constitution, parents have a fundamental right to direct the education of their children. In 1925, the U.S. Supreme Court recognized that the liberty protected by the Fourteenth Amendment includes the right to choose a private education. Confronted with an Oregon statute mandating public school attendance, the Supreme Court ruled the statute unconstitutional in Pierce v. Society of Sisters of the Holy Names of Jesus and Mary, 268 U.S. 510 (1925).
In the words of the Court:
"The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations."
Today, a parent's right to choose a private education continues to be reflected in the compulsory attendance laws of every state, which generally recognize private education as an alternative to public school attendance.
Families comparing educational options may also benefit from Private School vs Public School: Key Differences (2026 Guide).
The State's Authority to Regulate Private Schools
It is equally well established that states have the authority to regulate private schools. Based on the state's responsibility to educate its citizens, reasonable regulations governing the operation and duration of basic education have consistently been upheld by the courts.
As stated in Wisconsin v. Yoder, 406 U.S. 205 (1972), states may impose reasonable regulations while respecting constitutional protections. Likewise, Board of Education of Central School District No. 1 v. Allen, 392 U.S. 236 (1968), recognized the state's legitimate interest in maintaining an informed and self-sufficient citizenry capable of participating in a democratic society.
The right to regulate is not without limitations, however. Because a significant majority of American private schools are religiously affiliated, regulations affecting these institutions must also comply with the First Amendment's protection of religious freedom. Many states therefore include exemptions or special provisions for schools operated by religious organizations while continuing to enforce reasonable educational, health, and safety requirements.
Limits on Government Regulation
A state's authority to regulate private schools is balanced against parents' constitutional rights.
In Meyer v. Nebraska, 262 U.S. 390 (1923), the Supreme Court struck down a Nebraska law prohibiting the teaching of German to elementary school students, concluding that the statute unreasonably interfered with parental authority over education.
Similarly, in Farrington v. Tokushige, 273 U.S. 284 (1927), the Court invalidated a Hawaiian law regulating private language schools, stating that enforcement would deprive parents of a fair opportunity to obtain instruction they believed was important for their children.
The Ohio Supreme Court reached a similar conclusion in Ohio v. Whisner, 351 N.E.2d 750 (1976), holding that excessively comprehensive regulations could effectively eliminate the distinction between public and private education and interfere with parents' traditional right to direct the upbringing and education of their children.
These landmark decisions continue to influence how courts evaluate state regulation of private schools today.
Balancing Educational Freedom and State Interests
The challenge for state lawmakers remains largely the same today as it was when this manual was first published. Legislators must balance three important objectives:
- Respecting the fundamental right of parents to direct their children's education.
- Protecting the state's legitimate interest in ensuring an educated citizenry.
- Avoiding regulations so comprehensive that they effectively eliminate meaningful educational choice.
Although the legal framework established by these landmark decisions remains largely unchanged, subsequent Supreme Court decisions, including Espinoza v. Montana Department of Revenue (2020) and Carson v. Makin (2022), have further clarified the constitutional principles governing public benefits for students attending religious schools.
The study considers several areas of state regulation of private schools. Summary charts in each area follow the state-by-state descriptions in the original manual, including:
- Regulation of school standards, teacher certification, and curriculum.
- Regulation of health and safety issues.
- Homeschooling requirements.
- Public benefits available to private school students.
This video from the Connecticut Department of Education examines teacher diversity.
Public Benefits for Private School Students
The issue of public benefits for private school students is particularly noteworthy. Public funding of private education continues to be shaped by the United States Constitution and decades of Supreme Court precedent. The Establishment Clause of the First Amendment limits government actions that promote or establish religion, while the Free Exercise Clause protects the rights of religious institutions and families to participate in generally available public benefit programs.
The original manual summarized several landmark Supreme Court decisions addressing transportation, textbooks, educational services, tax benefits, and other forms of public assistance available to private school students. Those decisions remain an important part of the legal framework governing public benefits.
Among the decisions discussed were:
- Everson v. Board of Education of Ewing Township (1947), which upheld transportation assistance made equally available to public and private school students.
- Board of Education of Central School District No. 1 v. Allen (1968), which upheld the loan of secular textbooks to private school students.
- Lemon v. Kurtzman (1971), which invalidated salary supplements for nonpublic school teachers.
- Levitt v. Committee for Public Education (1973), which struck down reimbursement for certain teacher-prepared testing materials.
- Wolman v. Walter (1977), which upheld some student services while limiting others.
- Committee for Public Education & Religious Liberty v. Regan (1980), which upheld reimbursement for certain state-mandated administrative activities.
- Mueller v. Allen (1983), which upheld tax deductions for educational expenses.
- Zobrest v. Catalina Foothills School District (1993), which permitted a publicly funded sign-language interpreter for a student attending a religious school.
- Agostini v. Felton (1997), which allowed public school teachers to provide federally funded remedial education services within religious schools under certain circumstances.
Since the publication of the original manual, the legal landscape has continued to evolve. More recent Supreme Court decisions, including Trinity Lutheran Church v. Comer (2017), Espinoza v. Montana Department of Revenue (2020), and Carson v. Makin (2022), have further clarified that when states establish generally available public benefit programs, they generally may not exclude otherwise eligible religious schools solely because of their religious character. Families seeking current legal guidance should consult the latest information from the U.S. Department of Education Office of Non-Public Education and applicable state education agencies.
Parents who want to understand whether a school is operating under the appropriate legal framework may also find Is the School Legally a School? A Parent Verification Checklist helpful.
State Laws Continue to Vary
The state statutes discussed in the original manual incorporate Supreme Court decisions on the types of permissible public aid. States continue to differ considerably in the benefits they provide. Some offer transportation assistance, others loan textbooks, while many provide health services such as immunizations, hearing and vision screenings, diagnostic testing, or services for students with disabilities.
Although the types of benefits have expanded in some states through scholarship programs, education savings accounts, or tax-credit scholarship programs, eligibility and administration remain matters of state law. Families should review their own state's requirements before assuming a particular benefit is available.
Additional state-by-state education information is available through the Education Commission of the States, which tracks education policy across the country.
Federal Law and Private Schools
While the U.S. Constitution continues to shape the overall parameters of state regulation, federal law also influences private school operations in important ways.
Federal law continues to prohibit unlawful racial discrimination in admissions by nonsectarian private schools, as recognized in Runyon v. McCrary (1976). In addition, federal education laws, including the Every Student Succeeds Act (ESSA) and the Individuals with Disabilities Education Act (IDEA), require consultation between public education agencies and eligible private schools regarding certain federally funded services available to students and teachers.
Although these federal requirements affect specific programs, the primary responsibility for regulating private schools remains with individual state governments.
Readers interested in learning more about accreditation and legal oversight can also explore Private School Accreditation Explained (2026 Guide).
The National Association of Independent Schools also provides research and resources that help explain how independent schools operate within federal and state legal frameworks.
State Regulation Reflects Local Priorities
One of the strengths of the American education system is its ability to address similar issues in different ways. No two states regulate private schools identically. Instead, state laws reflect the unique educational priorities, legal traditions, and community values of each jurisdiction.
The Office of Non-Public Education continues to make state regulatory information available as a resource for legislators, researchers, school leaders, and families seeking accurate information about private education requirements. While this historical manual remains a valuable reference, readers should always consult current state statutes and official guidance because education laws continue to evolve.
For parents evaluating private school options, understanding state regulations is only one part of the decision-making process. Accreditation, admissions policies, curriculum, financial obligations, and school culture are equally important considerations when choosing the right educational environment for a child.
