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9/22/2005 4:04:48 PM
Home School Legal Defense Association
California--Private School Affidavit Filing Instructions

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From the HSLDA E-lert Service...
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California--Private School Affidavit Filing Instructions


Dear HSLDA members and friends:


The California Department of Education (CDE) indicates that the new
Private School Affidavit for the 2005-2006 school year will be posted
on their website (http://www.cde.ca.gov/sp/ps/rq/) October 1, 2005.

Private School Affidavits generally are to be completed and filed
between October 1st and 15th each year. New private schools that start
up later in the school year should file an affidavit when they begin.

Please check their website periodically to see if the Private School
Affidavit has been made available. If this is your first time filing a
Private School Affidavit, print off a copy from their website and
review it. If you have questions not answered by our instructions
below, please call our office for assistance.

Individuals who do not have access to the internet (either at home,
the library or with the help of a friend, and with access to a
printer) can write to the CDE at the address below to request a blank
Private School Affidavit.

The law requires that you file this Private School Affidavit with the
CDE in order for your children, who are enrolled in your private
school (which happens to be based in your home) to be exempt from
attendance at a public school.

_____________________________________________________
_____________________________________________________


Accessing the Affidavit from CDE website


Access the Private School Affidavit form on the CDE web site at
http://www.cde.ca.gov/sp/ps/rq/. Please read the filing instructions
on the website carefully.

NOTE:
The CDE has stated that they will not accept a Private School
Affidavit form that has been printed from the website and completed
manually. The website form must be completed on-line.


Completing and filing an Affidavit


1. The only information required to be reported on an affidavit or
statement are the items specifically mentioned in EC sec. 33190.
However, the computerized online affidavit form has been programmed by
the CDE to require some additional information. We recommend that you
provide only what is necessary to file the affidavit as indicated by
the sections with asterisks.

2. You and/or your spouse are the administrators and directors of
your school. You will insert your name in both places, giving yourself
whatever title you would like to use. (Example: principal,
administrator or teacher.)

3. Private homeschoolers should check "Coeducational" as the "Type of
School" and "Day Only" under "School Accommodations."

4. Under "Classification of School" most private homeschools are not
officially affiliated with a denomination and should check, as
applicable, either "Religious school, not church affiliated" or
"Secular."

5. On your Private School Affidavit, do not indicate enrollment of
any children under 5 years of age. California's compulsory attendance
laws only require that children be enrolled by their 6th birthday in
the year in which they turn 6 on or before December 2nd (i.e. a child
who turns six on December 3, 2005, does not need to be formally
enrolled in school until October, 2006). You may, of course, teach
your children who are under 5 years of age at home. They simply are
not formally enrolled in your private school and therefore should not
to be included in the number of students which you indicate by grade
level on the affidavit form. By reporting any enrollment of children
under 5 years of age, you could be perceived as operating a preschool
program. The state Department of Social Services, Community Care
Licensing Division, rather than the department of education, has
jurisdiction over the licensing of all private nursery schools,
preschools, and day-care centers within the state. Any established,
organized program for children younger than four years and nine months
of age is designated a preschool and must be licensed.

6. Once you have completed the form on-line (refer to Completing and
filing an Affidavit, below), click on "submit" and the certification
page will appear. Print off the completed affidavit with the
certification page

7. Sign the certification on the last page of the affidavit. You are
certifying that all the information on the affidavit is true and
accurate. The fingerprinting and criminal record background check only
applies to paid employees who have contact with minor children. It
DOES NOT apply to parents teaching their own children. In addition, it
does not apply to those you may hire to teach music lessons, or other
classes, as they are not employees of your school.

8. Once you have signed and dated the form, make several copies for
your records. Mail an original via certified mail to the department of
education at the address below (DO NOT request "return receipt
service"). It is essential that you have a copy of the certified
mailing receipt for your certified mail as proof of mailing. The CDE
does not acknowledge receipt of the affidavit itself. Therefore, your
certified mailing receipt will be your only proof of mailing. Keep
this mailing receipt with your copies of the affidavit.


The address to mail the private school affidavit is below:

Private School Affidavit Request
Elementary Education Office
California Department of Education
1430 N Street, Suite 4401
Sacramento, CA 95814


Sincerely,

Michael Smith
President HSLDA




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