SB 1086: Microschools and micro-education entities.
The bill aims to regulate micro-education entities and microschools by requiring the Office of Land Use and Climate Innovation to develop and publish model ordinances. The model ordinances will provide guidelines for land use between industry, business, residences, open space, and other purposes. The bill defines various terms related to micro-education entities and microschools. These guidelines will help local governments create ordinances that balance the needs of these entities with existing land use regulations.
| Apr. 22, 2026 | April 22 set for first hearing. Failed passage in committee. (Ayes 2. Noes 0. Page 4007.) Reconsideration granted. |
| Apr. 16, 2026 | Set for hearing April 22. |
| Apr. 15, 2026 | From committee: Do pass and re-refer to Com. on ED. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3904.) (April 15). Re-referred to Com. on ED. |
| Apr. 07, 2026 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV. |
| Apr. 02, 2026 | Set for hearing April 15. |
| Amended IN Senate April 07, 2026 |
| Introduced by Senator Dahle |
February 13, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the following:
(a)Parents have a fundamental right to direct the education and upbringing of their children.
(b)Microschools and micro-education entities are lawful educational models that serve families seeking alternatives to traditional public and private schools.
(c)Inconsistent local land use regulations have created unnecessary barriers to the establishment and operation of microschools and micro-education entities.
(d)The state has a legitimate interest in ensuring that land use regulation does not operate as a de facto prohibition on lawful educational activity.
(e)It is the intent of the Legislature to provide uniform, objective, and predictable land use standards for microschools and micro-education entities while preserving local authority over health and safety matters.
SEC. 2.SECTION 1.
65852.10.
(a) For purposes of this section:(b)(1)A microschool shall be considered a permitted use on any land for which applicable zoning standards allow residential use.
(2)A micro-education entity shall be considered a permitted use on any land for which applicable zoning standards allow residential, mixed-use, commercial, or industrial use.
(c)(1)A microschool operating in a residential dwelling shall be subject only to the building and fire codes applicable to residential occupancy.
(2)A microschool shall provide not less than 35 net square feet of instructional space per student.
(3)A micro-education entity may only operate in a building that meets either of the following requirements:
(A)It meets California Building Code Group E occupancy standards.
(B)It meets other occupancy classifications permitted by the model ordinance, subject to objective fire and life safety requirements.
(d)(1)A local agency shall not require a conditional use permit, zoning variance, or other zoning approval for a use described in subdivision (b).
(2)If a local agency requires a permit for a use described in subdivision (b), the local agency shall comply with both of the following requirements:
(A)It shall process the permit ministerially and without discretionary review or a public hearing.
(B)It shall prioritize processing the permit.
(3)A local agency shall not change a zoning classification mainly due to the operation of a microschool or micro-education entity.
(4)A local agency may require a microschool or micro-education entity to obtain a business license.
(5)(A)A local agency shall not require a microschool or micro-education entity to obtain a health permit unless food is prepared and served onsite.
(B)A local agency shall regulate food preparation in a microschool operating in a residential dwelling in the same manner as, and no more stringently than, other residential food preparation.
(6)(A)A local agency shall not apply parking requirements to a microschool that exceed those applicable to residential uses generally.
(B)A local agency shall not apply parking requirements to a micro-education entity that exceeds the minimum parking requirements applicable to schools or other similar institutional uses.
(7)A local agency may require reasonable traffic management measures for a microschool or micro-education entity that are based on objective criteria, including, but not limited to, staggered pickup and dropoff times.
(8)A local agency shall allow the hours of operation for a microschool or micro-education entity to be between 7:00 a.m. and 8:00 p.m., except for occasional meetings or events.
(9)A local agency shall not regulate any of the following with respect to a microschool or micro-education entity:
(A)Curriculum or instructional content.
(B)Instructional materials or methods.
(C)Teacher credentials or licensure.
(D)Student testing or assessment.
(E)Immunization status, except as otherwise required by state law.
(e)A court may award reasonable attorney’s fees and costs to a prevailing plaintiff in an action brought to enforce, or as a result of a violation, of this chapter.
(f)(1)
(A)
(B)
(C)
(D)
(E)
(2)Within 180 days of publication of a model ordinance pursuant to paragraph (1), a local agency shall adopt an ordinance that is consistent with, and not more restrictive than, the model ordinance.
(3)An ordinance adopted by a local agency that conflicts with or is more restrictive than a model ordinance published pursuant to paragraph (1) is void and unenforceable.
(g)The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.