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Filing pursuant to this section shall not be interpreted to mean, and it shall be unlawful for any school to expressly or impliedly represent by any means whatsoever, that the State of California, the Superintendent of Public Instruction, the State Board of Education, the State Department of Education, or any division or bureau of the Department, or any accrediting agency, has made any evaluation, recognition, approval, or endorsement of the school or course unless this is an actual fact. The Superintendent of Public Instruction shall prepare and publish a list of private elementary and high schools to include the name and address of the school and the name of the school owner or administrator.
What information must be included in the Private School Affidavit or statement in-lieu of the Affidavit? Education Code (EC) Section 33190 requires that the Private School Affidavit include all the information that is set forth in subdivisions (a) – (g) of EC Section 33190 as follows: ¨ All names, whether real or fictitious, of the person, firm association, partnership, or corporation under which it had done and is doing business ¨ The address, including city and street, of every place of doing business of the person, firm, association, partnership, or corporation within the State of California ¨ The address, including city and street, of the location of the records of the person, firm, association, partnership, or corporation, and the name and address, including city and street, of the custodian of such records ¨ The names and addresses, including city and street, of the directors, if any, and principal officers of the person, firm, association, partnership, or corporation ¨ The school enrollment, by grades, numbers of teachers, coeducation, or enrollment limited to boys or girls and boarding facilities
¨ That the following records are maintained at the address stated, and are true and accurate: (1) the records required to be kept by EC Section 48222 (2) the courses of study offered by the institution (3) the names and addresses, including city and street, of the faculty, together with a record of the educational qualifications of each. ¨ Criminal records summary information has been obtained pursuant to EC Section 44257 (4) This section does not apply to a secondary school pupil working at the school he or she attends or a parent or legal guardian working exclusively with his or her children.
Am I required to use the Private School Affidavit form prepared by the California Department of Education? No. However, you are strongly encouraged to use the Affidavit form prepared by the CDE to ensure that you provide all the required information. In lieu of using the CDE form, you may submit a statement that includes all the necessary information. In order to meet the requirements of EC Section 33190, subdivision (g), any in-lieu statement must contain the same type of certification that appears on the Private School Affidavit preprinted form, as follows: "To the best of my knowledge and belief, the information contained in this Private School Affidavit is true and accurate, and this school is in compliance with EC Section 44237 to the extent it applies." In addition, the owner or other head of the private school must sign the statement under "penalty of perjury."
When do I need to file the Affidavit? All private schools are required to file an Affidavit each year between October 1 and October 15 (EC 33190). What is the Affidavit used for? The Affidavit is a registration document. It is used to report annual information required by law from private, full-time day and boarding schools. For schools reporting six or more students, the information is then used to post the California Private School Directory at http://www.cde.ca.gov/ds/si/ps/index.asp.
Why is it important to file the Affidavit? See Question 2. Operators of private schools are required by law to file a Private School Affidavit. In addition, the law provides an exemption from compulsory public school attendance for children who are being instructed in a private, full-time day school (EC 48200, 48220, 48222), so long as certain conditions are met: instruction must be provided by persons capable of teaching; and instruction must be in English and offered in the several branches of study required to be taught in California's public schools. In addition, attendance must be kept in a register that indicates every absence of the pupil from a half day or more of attendance. For the exemption from the compulsory attendance law to be valid, the attendance supervisor of the public school district must verify that the private school has filed the annual Private School Affidavit required by EC Section 33190. If the school has nonprofit tax status, the eligibility of that school's students, teachers and other educational personnel to participate in various federally funded programs is contingent upon the annual filing of the Affidavit.
Is a private school the same as a nonpublic school? No. Some private schools are also nonpublic schools; most are not. See the definition that follows.
What is a nonpublic school or certified nonpublic school? A nonpublic, nonsectarian school means a private school that is certified by the California Department of Education to provide special education and related services to individuals with exceptional needs pursuant to an individualized education program. The school may serve both public school students and/or private school students. The school may be nonprofit or proprietary.
What is the compulsory education law? California's compulsory education law (EC 48200) requires each person between six and eighteen years of age to attend public, full-time day school, and requires their parents or guardians to send them, unless legally exempt. The two principal exemptions are (1) instruction in a private, full-time day school, or (2) instruction by a tutor or other person holding a valid California teaching credential for the grade level being taught (EC 48220, 48222, 48224).
Other than traditional public school classrooms, what choices are available for my child's education? California law explicitly recognizes four choices available to parents who wish to seek an educational setting other than a traditional public school classroom for their child: ¨ 1. A tutor who holds a current California teaching credential for the grade level being taught (EC 48224). The tutor must provide instruction: In the English language In all the branches of study required in the public schools For at least 175 days per calendar year For at least three hours a day between 8:00 a.m. and 4:00 p.m. ¨ Because the tutor must provide instruction in all branches of study required in the public schools, the Multiple Subject Teaching Credential satisfies the credential requirement at all grade levels. The Single Subject Teaching Credential is not sufficient at any grade level. The Multiple Subject Teaching Credential is valid for kindergarten through grade twelve in self-contained classrooms, whereas the Single Subject Credential authorizes teaching a special subject only, such as math or English. Further credential information is available from the California Commission for Teacher Credentialing Web site at http://www.ctc.ca.gov (Outside Source). The credentialed tutor may be the parent or any person employed by the parent. A tutor is not required to file the Private School Affidavit. ¨ 2. A private full-time day school or boarding school (EC 48222) where instruction is provided by "persons capable of teaching," that keeps an attendance register indicating clearly every absence of the pupil from school for a half day or more during each day the school is maintained during the year, and that provides instruction in the English language and all the branches of study required in California public schools. The Private School Affidavit must be filed annually by the private school. ¨ 3. Independent study through a public school district or county office of education (EC 51745 and following), where the student is enrolled in a school of the district and enters into a written agreement, prior to beginning independent study, that specifies the curriculum and methods of study, the arrangements for meeting with the teacher and submitting assignments, and other information. ¨ Independent study is an alternative to classroom instruction that is offered by many public school districts pursuant to EC sections 51745 and following. Independent study is not an exemption from public school attendance. Rather, it is an instructional strategy that allows students to carry on their public school education outside the classroom based on a written agreement. The agreement includes requirements consistent with the local school district's course of study. A certificated employee of the district is designated as the "supervising teacher," and this person makes the assignments, evaluates the student's work, and assigns grades. A child with exceptional needs may participate in independent study only if his or her individualized education program, developed pursuant to EC sections 56340 and following, provides for that participation (EC 51745(c)). If a student's school district does not offer independent study, parents are encouraged to contact their county office of education regarding the availability of independent study through the county or through other districts in their area. Contact your local school district or county office of education for more information. ¨ 4. Enrollment in a charter school organized in accordance with EC sections 47600 and following. A charter school is a public school, and it may provide instruction in any of grades kindergarten through twelve. A charter school is usually created or organized by a group of teachers, parent and community leaders or a community-based organization, and it is usually sponsored by an existing local public school board or county board of education. Specific goals and operating procedures for the charter school are detailed in an agreement (or "charter") between the sponsoring board and charter organizers. More information regarding charter schools is available on the CDE Web site at http://www.cde.ca.gov/sp/cs/. Is home schooling recognized in California as exempting a student from public school attendance? California statutes do not explicitly authorize home schooling. Whether a home schooled child is attending a private school, and therefore is exempt from public school attendance, is a decision made by local school districts and law enforcement authorities.
May a parent who is home schooling his or her own child file a Private School Affidavit? Yes. A parent offering or providing private school instruction and who meets the requirements of EC Section 33190 may file an Affidavit in the manner described. However, filing such an Affidavit with the CDE does not constitute any opinion by the CDE as to whether a student enrolled in that school is exempt from public school attendance. I have filed the Private School Affidavit certifying that I maintain all of the required private school records. If the attendance supervisor from the public school district verifies the filing of the Affidavit, am I also required to show the records to the attendance supervisor? Yes. EC Section 48222 requires that private schools maintain attendance records in a register that records the absence of a pupil for the school for a half day or more during any day that school is maintained. In addition, EC Section 33190 requires the annual filing of the Affidavit, and EC Section 48222 provides that a child's exemption from public school is not valid until the district's attendance supervisor has verified the filing of the Affidavit. The certification on the Affidavit is not a substitute for showing the attendance records to the attendance supervisor. By reviewing these records, the attendance supervisor can confirm a student's attendance at the private school. I am planning to use a correspondence course to teach my child at home. The umbrella organization that provides the course also provides testing, assigns the grades, and provides the diploma. Is this an exemption from the compulsory attendance law? California law does not recognize correspondence courses as exempting a child from public school attendance. Whether this situation could qualify as private school instruction would depend on whether the requirements specified in EC Section 33190 were met. In addition, the question of whether a home schooled child is attending private school, and therefore is exempt from public school attendance, is a decision made by local school districts and law enforcement authorities.
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