The Private School Affidavit for the 2019–2020 school year is posted on the California Department of Education’s website. We have had an opportunity to review it, and it appears to be essentially the same as last year.
We do not believe there is anything that will negatively affect the homeschool family or private school satellite program filing a private school affidavit. Private school affidavits for existing private schools and new schools are to be completed and filed between October 1 and October 15 each year. New private schools that start up later in the school year should complete an affidavit and file it when they start up.
The law requires that you file this private school affidavit with the CDE in order for your children, who are enrolled in your private school (which happens to be based in your home), to be exempt from attendance at a public school.
- If you are enrolled in a private school satellite program (a “PSP” or formerly referred to as an “ISP” or “umbrella school”), then you do not need to fill out a private school affidavit. Your PSP will do it for you.
- If this is the first time you are filing a Private School Affidavit, print a blank copy before filling it out and review it. If you have questions not answered by our instructions below, please call our office for assistance.
Individuals who do not have access to the internet (either at home, the library or with the help of a friend, and with access to a printer) should contact HSLDA for help with filing a “Statement in Lieu.” The CDE will not accept a print-out of the online affidavit manually completed by hand. You will need to write to request a hard copy of the affidavit:
Title II Leadership Office—Private Schools
California Department of Education
1430 N Street, Suite 4309
Sacramento, CA 95814-5901
Request by means of fax to: 916-319-0136; or by email at email@example.com.
First: Make sure your printer is working. You’re going to need to print a copy of the confirmation page.
The CDE has stated that they will not accept a Private School Affidavit form that has been printed from the website and completed manually. The website form must be completed online.
The only information required to be reported on an affidavit or statement are the items specifically mentioned in EC § 33190. However, the computerized online affidavit form has been programmed by the CDE to require some additional information. We recommend that you provide only what is necessary to file the affidavit as indicated by the CDE on screen with an asterisk.
Access the Private School Affidavit form on the CDE website. Follow the links for “Filing the Private School Affidavit”.
Full-time Private School Notice
Check “Yes.” You are filing as a private school under Education Code 48222.
Did you file an affidavit last year (Private School Affidavit 2018–19)?
If you filed an affidavit last year, answer yes and proceed using last year’s affidavit information. Otherwise, follow the instructions below to complete the section.
1. Name of School: Select a name for your school. You may use your last name in the name of the school, but we do not recommend doing so.
2. CDS Code: Does not apply to new schools. Only applies to existing schools that have been previously assigned a school ID number (CDS Code). Small private schools with 5 or fewer students are not assigned a CDS Code.
3. County: Choose the appropriate county by selecting from the drop-box.
4. District: Select public school district by selecting from the drop box. If there is more than one (elementary/highschool) select either one, it does not matter.
5. Type of School: Select coeducational.
6. School Accommodations: Select day only.
7. Does the school provide special education? If the school does not provide special education services, select no.
8. Does the school provide a high school diploma? Private schools may issue diplomas.
9-10. Low Grade/High Grade: Your choice can reflect an elementary school of grands 1–8; a high school of grades 9–12, or a grades 1–12 school. It makes no significant difference which you choose.
11. Classification of school: Your choice. If you select “religious,” most homeschoolers are not directly sponsored by their church, so use the drop box and select “Not affiliated with any denomination.”
12–21. School Address: Insert street address and mailing address.
22–25. School Contact Information: Telephone is required. Fax number and website are optional.
Prior Year School Information
26. Has this school’s name changed since last filing an affidavit? Unless your school has changed names, mark no.
27. If yes, enter the name that the school last filed under: Leave blank unless your school has changed names.
28. Has the public school district in which the private school is located changed since last filing an affidavit? Unless you have moved to a new school district, mark no.
29. If yes, specify which school district the school had last filed under. If you have moved to a new school district, select the district from the drop down. If you have not, leave this question blank.
30–32. Range of Students’ Ages: If you only have 1 student, that student’s age will go in both boxes.
33–47. Enrollment: Enrollment on a single date October 1–15, 2019: Total number of students in your school.
On your Private School Affidavit, do not indicate enrollment of any children under 5 years of age. California’s compulsory attendance laws only require that children be enrolled by their 6th birthday in the year in which they turn 6 on or before September 1 for the 2019–20 school year. You may, of course, teach your children who are under 5 years of age at home. They simply are not formally enrolled in your private school and therefore should not be included in the number of students which you indicate by grade level on the affidavit form. By reporting any enrollment of children under 5 years of age, you could be perceived as operating a preschool program. The state Department of Social Services, Community Care Licensing Division, rather than the Department of Education, has jurisdiction over the licensing of all private nursery schools, preschools, and day-care centers within the state. Any established, organized program for children younger than 4 years and 9 months of age is designated a preschool and must be licensed.
48. Number of 12th-grade graduates in the 2019–2020 school year: List appropriate number.
49–52. Number of Staff: You must have at least one teacher. So if you are not including a spouse or any other staff on your affidavit, you must count yourself as a teacher only. Leave the rest blank. You do not include outside instructors like piano teachers.
53–55. Site Administrator: For homeschoolers this can be either the husband or wife.
56. Site Administrator Title: Select from options in the drop box. It does not make a significant difference which title you choose.
57–64. Fill in the phone, email and address. This email address will be used to send your filing confirmation. This can be the same email address you listed in No. 24.
65–76. Director or Principal Officer: You must list at least one director. For the individual family, it may be the husband or wife, or both. Only one is required.
77–88. Custodian and School Records: This can be either the husband or wife.
89–93. Records Location: This should be the same as the school’s physical address.
94–97. Tax Status: Check No. 97 “None of the above.” Nonprofit status is something you have to apply for with the IRS. Individual families cannot obtain a nonprofit tax status.
Check all the boxes indicating that you have read and understand the statements. This statement “Private school authorities are responsible for initiating contact with the appropriate local authorities (city and/or county) regarding compliance with ordinances governing health, safety and fire standards, business licensing, and zoning requirements applicable to private schools” does not apply to individual families filing as a private school, but you must still check the box acknowledges that you have read it.
The electronic signature is in lieu of mailing a signed copy to the California Department of Education. You are filing under penalty of perjury so a signature is required. The identifying questions they ask for as part of the electronic signature is information they need in case they ever need to verify that you were actually the person filing the private school affidavit.
Submit Form: Click on the “Submit Form” button at the bottom of the online affidavit to submit your completed affidavit to the CDE. It will generate a confirmation page. Print two copies of that page for your records.