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REQUESTING AND FILING A PRIVATE SCHOOL AFFIDAVIT

Some families establish their own private school and enroll their children. Once you establish your private school, you must file an affidavit with the California Department of Education (CDE).

California requires private school teachers be "qualified to teach", but it does not require that they hold a teaching credential.

California does not specify a minimum number of students required to establish a private school. Your school may have one teacher and one student if you so choose.

California does not require private schools to use a state approved curriculum. Schools are required to "offer" the list of courses specified in the law (see below).

California does not require standardized testing for private schools.

Finding Answers To Your Questions

The CDE maintains a list of frequently asked questions, but their section on "school at home" is sometimes confusing.

Public school authorities are allowed to verify that your school has filed an affidavit. A school district official does not "approve" a private school or have access to review curriculum, cumulative files, faculty qualifications or report cards of any private school.

If you are contacted by a public school district official or truant officer, and they ask about a specific child by name, you should offer the name of the private school where the child is enrolled. The official can then verify that this school has filed an affidavit by contacting the CDE and they may send a letter to the private school requesting verification that the child is in attendance.

To avoid confusion, take any questions you have to your state or local homeschool support group directly rather than relying on any public school or state officials.

If you are operating a private school, you will need to file a Private School Affidavit (PSA) or a Statement in Lieu of the online form (SIL).

Where do I get the form?
When do I file?
Are there rules for running a private school?
If I do not want to create a private school of my own, what are my other choices?

WHERE TO GET IT:

The state provides a form online commonly referred to as the Private School Affidavit (PSA). It is available online at the CDE web site beginning October 1st.

You may wish to create your own affidavit instead of using the online form. Your statement, sometimes referred to as a Statement In Lieu (SIL), is a simple letter including all of the information required by Education Code 33190. You can find more information on this option along with sample SILs at the California Homeschool Network website. When completed, the SIL should be mailed to:

Title II Leadership Office - Private Schools 
California Department of Education
1430 N Street, Suite 4309
Sacramento, CA 95814

If you have questions or encounter problems, contact your local support group for advice or check with the California Homeschool Network or Homeschool Association of California. The California Department of Education provides some information on homeschooling and filing the PSA, but that information is sometimes worded in such a way to suggest that public school personnel have more authority over your private school than the law actually allows. Contact your state or local homeschool group for answers to your questions.

WHEN TO FILE:

The Private School Affidavit or SIL should be filed between October 1 & 15 each school year.

REQUIREMENTS TO FULFILL WHEN ESTABLISHING A PRIVATE SCHOOL

Although private schools are not required to submit records to the state, they are required to keep certain records in their files.  For a complete list, see the California Education Code Section 33190. The records a private school must keep on file include:

Copy of the completed Private School Affidavit that you submitted to the state.

Attendance Records (Indicating every absence of a half day or more).

Faculty qualifications and addresses. Teachers need not hold credentials, but must be "capable of teaching". Faculty qualifications could be, for example, a resume or letter listing your qualifications to teach your own children.

Annual courses of study. You may create your own curriculum, or use existing tools such as the California Content Standards and Frameworks or The World Book Typical Course of Study.

The Blue Card aka Health Form PM286. You may opt to sign a letter or affidavit stating that immunizations are contrary to your beliefs or sign the waiver on the back of the Blue Card stating the same. School health requirements and waivers are explained in this Department of Health flyer. There is a new immunization requirement for 2011. Visit the HSC Site for more info on this new law.

You may also be told that you are required to have an FBI criminal background/fingerprint check, a TB test and a business license to operate your private school. Parents working exclusively with their own children are not required to undergo FBI criminal background checks. Whether or not you need a TB test or business license to work with your own children exclusively in your own home is subject to interpretation. You should talk with your local support group about these if you are concerned.

REQUIRED BRANCHES OF STUDY

Private schools must OFFER the following courses to their students.

The adopted course of study for grades 1 to 6 shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study:

(a) English, including knowledge of, and appreciation for literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, and composition.

(b) Mathematics, including concepts, operational skills, and problem solving.

(c) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils.  Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system including the role of the entrepreneur and labor; man's relations to his human and natural environment; eastern and western cultures and civilizations; contemporary issues; and the wise use of natural resources.

(d) Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry and on man's place in ecological systems.

(e) Fine arts, including instruction in the subjects of art and music, aimed at the development of aesthetic appreciation and the skills of creative expression.

(f) Health, including instruction in the principles and practices of individual, family, and community health

(g) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 school days, exclusive of recesses and the lunch period.

The adopted course of study for grades 7 to 12, inclusive, shall offer courses in the following areas of study:

(a) English, including knowledge of and appreciation for literature, language, and composition, and the skills of reading, listening, and speaking.

(b) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instructions shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; instruction in our American legal system, the operation of the juvenile and adult criminal justice systems, and the rights and duties of citizens under the criminal and civil law and the State and Federal Constitutions; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; human rights issues, with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust, and contemporary issues.

(c) Foreign language or languages, beginning not later than grade 7, designed to develop a facility for understanding, speaking, reading, and writing the particular language.

(d) Physical education, with emphasis given to physical activities that are conducive to health and to vigor of body and mind.

(e) Science, including the physical and biological aspects, with emphasis on basic concepts, theories, and processes of scientific investigation and on the place of humans in ecological systems, and with appropriate applications of the interrelation and interdependence of the sciences.

(f) Mathematics, including instruction designed to develop mathematical understandings, operational skills, and insight into problem-solving procedures.

(g) Fine arts, including art, music, or drama, with emphasis upon development of aesthetic appreciation and the skills of creative expression.

(h) Applied arts, including instruction in the areas of consumer and homemaking education, industrial arts, general business education, or general agriculture.

(i) Vocational-technical education designed and conducted for the purpose of preparing youth for gainful employment in the occupations and in the numbers that are appropriate to the personnel needs of the state and the community served and relevant to the career desires and needs of the pupils.

(j) Automobile driver education, designed to develop a knowledge of the provisions of the Vehicle Code and other laws of this state relating to the operation of motor vehicles, a proper acceptance of personal responsibility in traffic, a true appreciation of the causes, seriousness and consequences of traffic accidents, and to develop the knowledge and attitudes necessary for the safe operation of motor vehicles. A course in automobile driver education shall include education in the safe operation of motorcycles.

(k) Other studies as may be prescribed by the governing board.

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