Senate approves bill defining micro‑schools and home‑based education entities amid neighborhood concerns

The Utah Senate passed first substitute Senate Bill 166 on Feb. 17, 2023, a land‑use and education‑definition bill that establishes two categories: 'home‑based education entities' (up to 16 students meeting in residential settings) and 'micro education entities' (up to 100 students). Sponsor Senator Fillmore said the substitute includes negotiated language from the League of Cities and Towns, the state fire marshal and health departments to address parking, ingress/egress, square footage per student and other safety and public‑health concerns.

Opponents and questioners on the floor raised neighborhood impacts, particularly traffic: Senator Riebe and others said that having up to 16 students at a home could mean up to 16 cars dropping off and picking up students, creating parking and egress problems in residential areas. Senator Riebe also asked whether the entities would be subject to standard public‑school accountability (assessments, transparency); the sponsor responded that these micro‑schools are existing co‑ops and are exempt from LEA status and that the bill does not change state education funding policy for schools.

Sponsor Fillmore noted the substitute incorporates language requested by municipal and safety stakeholders, and described the two categories (home‑based = up to 16; micro = up to 100) and guardrails for fire and health requirements. After floor discussion the bill was read a third time; the roll call recorded 21 yea votes, 6 nay votes and 2 absent, and the bill advanced.

Key details recorded on the floor:
- Size limits: home‑based education entity — up to 16 students; micro education entity — up to 100 students.
- Sponsor representation: language negotiated with League of Cities and Towns, state fire marshal, and health department is incorporated.
- Funding clarification: sponsor stated that scholarships or student funding enacted elsewhere (House Bill 215 / Utah Fits All scholarship referenced on the floor) fund students, not schools; the sponsor emphasized this bill does not itself change school funding.

Senator Fillmore on floor: "We've been working on this bill for several months... all of the language that the city's required in order to regulate parking and access and... fire safety...have been addressed in this substitute."