California law requires the private school affidavit (PSA) for all private schools, including homeschools. It verifies that your school operates legally and exempts your students from compulsory attendance laws.
Section 48224 of the Education Code states that a child is exempt from the compulsory attendance laws if enrolled in and attending a full-time private day school that has complied with
Section 33190, so filing the affidavit on a timely basis is very important. You can
read more about the PSA here.
Section 33190 of the Education Code requires that each private school file an affidavit containing specified information on a yearly basis in the period between October 1 and October 15 for the then-current school year.
The PSA is available on the CDE website all school year long (except for June 20th-July 31st) as a convenience for those who begin homeschooling after the October filing period. Always
unenroll from the current school first.
The filing period for established schools begins August 1 and should be completed before October 15. File yearly.
The fact that the affidavits are filed after the school year typically starts is not a problem. No private school can file before October 1, and the state does not claim that every private school student is truant between mid-August and October 1. If you are contacted after the typical school year begins but before October by anyone who has a right to see your school's affidavit, you should explain that no private school can file an affidavit before October 1. You can also offer to show them your affidavit from the prior year, or, if you did not file it in the prior year, offer to mail them a copy when you can (after you've filed it).
As long as you follow the private school statutory requirements, your school is a legal private school. Fill out the private school affidavit carefully and accurately, return it in a timely manner, and keep a copy of it with your
homeschool records.
The PSA is filed electronically on the California Department of Education website.
As soon as the CDE receives the submitted online affidavit, it will then put the information entered into the CDE website into its database for access by school districts throughout the state. The procedures for filing the affidavit are constantly changing. For the most updated information, check the legal section of this website or the California Department of Education website
When you sign the affidavit by filing electronically, you are doing so under penalty of perjury. By hitting the "submit" button, you are attesting under oath that all the statements in the affidavit are true (for instance, that you are maintaining all of the required records and that the child(ren) and not enrolled in any other full-time school).
You should take this seriously. The state could prosecute someone for perjury for clearly being untruthful in the affidavit. Everyone filing online will receive a confirmation number, and those providing an email address will receive an email confirming that the filing was made successfully. If you do not provide an email address, you will not receive any other kind of acknowledgment from the CDE, other than the confirmation number, that they have received your school's affidavit. For this reason, you should make sure to print out a copy of your completed affidavit before ending your session or save it as a web page that can be opened and printed later.
Some people have expressed concern that filing online will increase the chance that truancy officers will have access to their information and that they will be targeted for harassment for having a home-based private school. We believe exactly the opposite to be true and strongly encourage everyone to use the online system if possible. Some have also expressed concern that the online affidavit asks for information not strictly required by law. We are also not concerned about this. The paper affidavits filed before the 2002-2003 school year also asked for this information. Also, the information requested (phone number, the school district where the private school is located) is immaterial, and objecting to providing it would make a school stand out. Those with strong philosophical opinions against filing online still need to file something called a "Statement in Lieu of an Affidavit." The "Statement" must include all the information from Calif. Education Code §331910. It should also state, "I declare under penalty of perjury, under the laws of the State of California, that all information contained in this "Statement in Lieu of a Private School Affidavit" is true and correct."
Please be aware that all information provided on the affidavit is public, whether it is filed online or on paper.
Feeling overwhelmed by the PSA filing process? Don't worry, the HSC is here to help! We've created clear, step-by-step instructions on filing your Private School Affidavit (PSA) – available in both English and Spanish!
Over the years, HSC has compiled a comprehensive FAQ page with answers to your most commonly asked questions about the PSA. Click to read more.
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