Private School Affidavit

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. 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 we believe that filing the affidavit on a timely basis is very important. Accordingly, existing private schools as well as new schools formed at the beginning of a school year should file that October and each October thereafter for as long as the school is operating. A new school should prepare all of the required documentation as described above before filing the affidavit.


We believe that the online version is much simpler and recommend that the school go online to fill out this form. Affidavits are accessed online at the Department of Education website, and completed there. The current URL is http://www.cde.ca.gov/sp/ps/rq/affidavit.asp. Please be aware that all of the fields indicated as required must be completed (for instance, you cannot file with "0" students). There are several items that are not required (such as e-mail address); it is pretty clear on the system which are required and which are not.


All private schools, regardless of number of students, can file online. As of this writing, schools with six or more students are given a password and can access their affidavit from the previous year and make changes to the content if necessary. Those with fewer than six students can file online, but cannot access their prior year's affidavit. For these schools, the affidavit is completed in full each year.


Note that signed, paper copies of the affidavit are no longer mailed to the CDE after filing online. Now all schools, as part of completing the affidavit online, are signing the affidavit using an "electronic signature." The CDE must be comfortable now that an electronic signature has the same legal force and effect as an ink one (see below about discussion on perjury). 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 (http://www.cde.ca.gov/sp/ps/rq/ ).


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). You should take this seriously. It is possible that the state could prosecute someone for perjury for clearly being untruthful on 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 acknowledgement from the CDE, other than the confirmation number, that they have received your school's affidavit. You should, for this reason, 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.


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 in the prior year, offer to mail them a copy when you can.


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 the records listed above. If you have questions about filling out the private school affidavit, see our line by line instructions or contact the legal team.


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 by this. The paper affidavits filed before the 2002-2003 school year also asked for this information. Also, the information requested (phone number, school district where 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."


Affidavits are accessed online at the Department of Education website, and completed there. The current URL is http://www.cde.ca.gov/sp/ps/rq/affidavit.asp. Please be aware that all of the fields indicated as required must be completed (for instance, you cannot file with "0" students). There are several items that are not required (such as e-mail address); it is pretty clear on the system which are required and which are not. The affidavit is to be filed between October 1 and October 15 for a given school year. The procedures for filing the affidavit are constantly changing. For the most updated information, check the California Department of Education website (http://www.cde.ca.gov/sp/ps/rq).




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                                   July 31-August 3, 2014