AMENDED IN SENATE APRIL 7, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
98
Introduced by Senator Dahle
February 13, 2026
An act to add Section 65852.10 to the Government Code, relating to land use.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law requires certain uses, such as a colocation facility or an emergency standby generator proposed to be installed to serve a macro cell tower site, to be permitted uses if the use satisfies certain requirements.
This bill would provide that a microschool or a micro-education entity is considered a permitted use under certain zoning standards, as specified. The bill would prescribe requirements for microschools and micro-education entities. The bill would prescribe local agency approval of, and oversight over, microschools and micro-education entities, including by requiring local agencies to process
permits ministerially and without discretionary review or a public hearing. The bill would require the Office of Land Use and Climate Innovation, in consultation with specified state entities, to develop and publish one or more model ordinances to implement these provisions, and require local agencies to adopt these model ordinances, as specified, thereby imposing a state-mandated local program. regarding micro-education entities and microschools. The bill would define various terms for these purposes.
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.
Section 65852.10 is added to the Government Code, to read:
65852.10.
(a) For purposes of this section:
(1) “Local agency” means a city, county, city and county, charter city, charter county, or charter city and county.
(2) “Micro-education entity” means an individual or association of individuals that meets all of the following requirements:
(A) They have registered as a business entity or nonprofit organization pursuant to state and local law.
(B) They provide instruction for kindergarten and grades 1 to 12, inclusive.
(C) They serve more than 16 and fewer than 101 students at one time.
(D) They are a private school that has filed an affidavit pursuant to Section 33190 of the Education Code and are not a school operated by a school district or county office of education, a charter school, or a state special school.
(3) “Microschool” means an individual or association of individuals that meets all of the following requirements:
(A) They have registered as a business entity or nonprofit organization pursuant to state and local law.
(B) They provide instruction for kindergarten and grades 1 to 12, inclusive.
(C) They serve 16 or fewer students at one time.
(D) They operate from a residential dwelling, accessory dwelling unit, or residential property.
(E) They are a private school that has filed an affidavit pursuant to Section 33190 of the Education Code and are not a school operated by a school district or county office of education, a charter school, or a state special school.
(4) “Model ordinance” mean means an ordinance developed pursuant to subdivision (f).
(b).
(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)
(b) By January 1, 2028, the Office of
Land Use and Climate Innovation, in consultation with the Department of Education, the Department of Housing and Community Development, and the Office of the State Fire Marshal, shall develop and publish one or more model ordinances implementing this section, regarding micro-education entities and microschools, which shall include, but not be limited to, all of the following:
(1) Building and fire safety requirements.
(2) Parking and traffic management.
(3) Hours of operation.
(4) Signage.
(5) Outdoor activity and noise.
(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.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.