The Home School Court Report
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May / June 2005

Nourishing your special needs child

What Does HSLDA consider a special need?

HSLDA cares about special needs families

The Special Needs Fund

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Private school affidavit back online

The California Department of Education (CDE) has retracted its earlier position that it would not accept any private school affidavit filed after December 31, 2004, and has once again made the affidavit available on its website.

Home School Legal Defense Association has always taken the position that establishing a new private school is legal at any time during the year in California. Despite the state's October 1-15 filing deadline, HSLDA holds that the CDE is obligated to accept a filed affidavit at any time after the deadline.

This issue is extremely important. If the attendance of a particular student comes into question, the district attendance officer is required to verify that the student is enrolled in either a public school or a bona fide private school. He verifies the latter by ensuring that the private school has filed an affidavit with the CDE.

If you filed the private school affidavit midyear, please remember that this is an annual filing and must be done every school year. The affidavit form for the 2005-06 school year will most likely not be accessible on the CDE website until mid-September, so you will not be able to file for next school year any earlier than that.

Private school affidavit filing instructions, including a link to the CDE website, are available on HSLDA's website at

— by J. Michael Smith