In the north Pittsburgh area, Roots Learning Academy operates as a hybrid homeschool program, allowing families to split instruction between home and on‑site classes held in rented church spaces. Founded in 2023 by homeschooling mother of five Katy Duckstein, the program now serves roughly 150 families.
State inspection triggers licensing demand
During a surprise inspection in March, state officials questioned the program’s teachers, student numbers and ages. Inspectors concluded that Roots would need to become a certified childcare center to continue operating. Duckstein said such a requirement would fundamentally alter the parent‑run model by imposing background checks, CPR certification and six hours of annual training for all volunteers.
Two weeks later, the Pennsylvania Office of Child Development and Early Learning sent a cease‑and‑desist letter demanding a childcare license. The agency defines a childcare center as any premises providing care simultaneously to seven or more non‑relative children.
Libertarian law firm backs the school
The Institute for Justice, a libertarian law firm, has taken Duckstein’s case. Senior attorney Michael Bindas argues that Roots is not childcare but a legitimate example of the state‑encouraged homeschool co‑op model, where families share resources, ideas and activities.
“We’re seeing this square‑peg, round‑hole problem where the government is forcing these new models into old regulatory boxes,” Bindas told The 74. He noted that the firm is launching an Education Entrepreneurship Project after handing its state‑level work to EdChoice in 2023.
Broader regulatory challenges for microschools
Hybrid and microschool programs have grown since the pandemic, often funded by education savings accounts (ESAs) that let parents direct state funds to a‑la‑carte learning options. However, they frequently encounter regulatory hurdles such as building codes, zoning rules and, as in this case, childcare regulations.
In states with ESAs, research by Tulane economist Doug Harris shows a modest 3‑4% increase in private‑school enrollment, much of it in very small schools. Harris likens the current environment to the early‑1990s wave of legislation that eased homeschooling restrictions.
State response and exemptions
Pennsylvania offers exemptions for summer camps, single‑subject programs and those operating only two hours a day. Roots runs three days a week from 9 a.m. to 2 p.m. with a full academic curriculum, making it ineligible for those exemptions.
“It’s utterly irrational to insist that Katy get the childcare license while all of these other activities that are so similar to what she does are exempt,” Bindas said.
National context and future outlook
Upcoming federal tax‑credit scholarships for private‑school choice could spur further growth of hybrid programs, potentially leading to more regulatory clashes. Center for American Progress senior director Weadé James warned that without proper oversight, such schools might bypass safety standards and zoning regulations.
Florida’s 2024 law, which allows private schools to occupy non‑traditional spaces like museums and movie theaters without local approval, is often cited as a model for accommodating innovative schooling.
Calls for modernized regulations
Don Soifer, CEO of the National Microschooling Center, argues that the regulatory regime needs updating to recognize microschools serving school‑age children in non‑traditional ways. He reports frequent battles over business licenses, safety codes and costly renovation demands.
When regulatory and financial pressures become too great, programs can be forced to shut down, as happened with Burbrella, a North Carolina microschool for neurodivergent students that faced costly renovation demands and lost state funding.
The outcome of the Pennsylvania case could set a precedent for how hybrid and microschool models are treated across the nation, influencing both parental choice and state oversight.
Original reporting: KTVZ (Central Oregon) — read the source article.
