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FREEDOM251

Freedom251 › Blog › Arkansas

We’re Reporters, Not Teachers. We Were Able to Start Private Schools Anyway.

By Freedom251 Team · · 5 min read

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ProPublica reporters working with local newsrooms found that they could take steps toward establishing private schools in Arkansas, West Virginia and North Carolina despite having no plans to teach, enroll students or operate the schools. Their experiment exposed how different the rules can be from state to state—and why filing a notice, meeting facility requirements, receiving public funding and being subject to ongoing oversight are separate questions.

What did the reporters actually do?

In an investigation published October 2, 2026, ProPublica journalists tried real filing processes in three states. They said they were not educators, did not intend to enroll students and had no intention of operating the schools. Their experience is a snapshot of those filings and agency interactions, not a nationwide guide or proof that a school could open and operate lawfully by completing the same steps today.

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The comparison matters because a school’s category can affect which process applies. A conventional private school and a microschool may face different notification, facility, oversight and funding rules, even within the same state.

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How did the three states’ processes differ?

State What the reporters did Qualifications and facility requirements described in the investigation Oversight and public-funding path described
Arkansas ProPublica says the team registered an LLC through the Secretary of State, listed reporters as agents and officers, and paid a fee. The business was approved the same day. The reporters bought a small American flag, saying state law required schools to display one. They said their chosen newsroom location was not inspected. The investigation says Arkansas did not regulate private schools once open. In early September 2026, reporters said a microschool application took about 10 minutes and required proposed tuition and fees plus a refund policy. Their application was not accepted for that school year; a state employee described possible routes for the following year, including applying as an educational-services vendor or using the microschool application.
West Virginia ProPublica says the reporters submitted a handwritten notice of intent and notified the local district. State staff initially asked for a fire marshal letter for the brick-and-mortar location. A state manager then suggested considering the microschool route. The reporters say they submitted proof of a high-school diploma. The investigation describes the state as lacking a mechanism to oversee microschools. A department spokesperson said the department “does not approve or deny the operation of microschools for any reason, including the qualifications of the owner/operator.”
North Carolina ProPublica says the reporters filed an online notice of intent. They used a brewery whose owners agreed to provide access to its fire and sanitation inspections. The investigation says the reporters received a request for fire and sanitation inspection information. The investigation says operating an actual private school would bring additional obligations, including testing in certain grades and annual attendance and immunization records. Current state guidance for covered conventional schools sets out further requirements below; it should not be assumed to apply identically to every microschool category.

These are the investigation’s accounts of Arkansas and West Virginia interactions and of the reporters’ filings in all three states. They should not be read as confirmation of current Arkansas or West Virginia law or as a substitute for checking the applicable state agency’s rules.

What does North Carolina require of covered conventional private schools?

Current North Carolina Department of Administration guidance says private elementary and secondary schools enrolling children of compulsory-attendance age must meet requirements that go beyond submitting an initial notice. The guidance applies to the conventional schools it covers; it does not establish that every microschool is governed identically.

  • Report identifying details to the state.
  • Meet fire and sanitation standards and obtain a certificate of occupancy for school use.
  • Operate for a term of at least nine calendar months.
  • Keep attendance and immunization records.
  • Administer specified standardized tests in grades 3, 6, 9 and 11.

The distinction is practical: permission or ability to file a notice is not the same thing as having an inspected, compliant facility or satisfying the obligations that apply while a school operates.

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Does filing paperwork mean a school is approved, inspected or funded?

No. The three states’ examples illustrate separate questions that should not be collapsed into one:

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  • Formation or notice: Can an entity register, or can an operator submit a notice of intent?
  • Facility safety: Must the space meet fire and sanitation standards, undergo inspection, or have a school-use certificate of occupancy?
  • Operating obligations: Are there required records, testing, attendance rules or ongoing oversight?
  • Public funding: Does the school or family qualify for a particular program, and has an application been accepted for the relevant year?

Arkansas makes the distinction especially visible in the reporters’ account: the business registration was approved, but the later application to accept public funds was not accepted for the school year then underway. That is not evidence that every registered school qualifies for funding, nor that the reported application process remains current.

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What do the 2026 counts and funding figures show?

ProPublica used these figures to describe the policy context at the time of its reporting; they are not current estimates unless independently rechecked.

  • The investigation reported more than 220 private schools on record in Arkansas, compared with fewer than 100 in 2023.
  • It reported 143 Arkansas microschools approved to accept tax dollars that year, up from about 100 the prior school year.
  • It said students were eligible for $7,208 each in Arkansas Education Freedom Account funds for the school year discussed.
  • It described West Virginia’s Hope Scholarship as providing roughly $5,400 per student.
  • It reported that at least 169 new private schools had opened in North Carolina since the 2021–22 school year.

School counts, eligibility and award amounts can change by year. None of these numbers establishes what a family or school would receive now.

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What is the investigation’s broader lesson?

The reporters’ experience suggests that the barrier to taking an initial administrative step can be low in some circumstances, while the requirements for a functioning school—and access to public money—may be different, more detailed or tied to a different classification. Microschool status appeared to alter the route in the Arkansas and West Virginia accounts; North Carolina’s official conventional-school guidance shows why facility and ongoing instructional obligations must be considered separately.

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Most importantly, a three-state reporting experiment cannot answer what a prospective operator may do in another state, or even resolve every category within the states tested. Anyone considering an actual school would need to verify the current rules for the precise school type, location, facility and funding program with the relevant state and local authorities.

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ArkansasEducation PolicyNorth Carolinaprivate schoolsProPublicaWest Virginia

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