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Private School Affidavit R-4 Forms

HSLDA thanks Christian Home Educators of California and Roy Hanson's office for providing additional update information on the private school affidavit R-4 form question.



Obtaining and Filing A Private School Affidavit
Provided by Roy Hanson's Private and Home Educators of California
Thursday, October 4, 2001

This is not intended to be nor does it constitute the giving of legal advice.

On September 25, we reported to you that the California Department of Education was refusing to send Private School Affidavit R 4 forms to some home schoolers. On September 28, we explained that this action apparently stemmed from a misunderstanding by new staff members working at the department. Based on our discussions with the supervisor of the department that handles private school affidavits, this problem appears to have been corrected. This supervisor told us that private school affidavit R 4 forms will be made available to all who request them.

Please read the following information carefully before taking any further action. Family Protection Ministries, Home School Legal Defense Association, and Christian Home Educators of California (CHEA) have fielded many calls from home schoolers regarding this issue.

This information does not affect families who enroll their children in private independent study programs (ISPs) since those families do not file a private school affidavit.

Be assured that Family Protection Ministries, HSLDA, and CHEA have been in regular and direct communication with the Private School Office at the California Department of Education regarding the private school affidavits.

Two important factors should be understood as background:

First, no law affecting the private school exemption has been changed, either by the legislature or by any court action.

Second, the affidavit required by Education Code § 33190 is not an application requiring approval to establish a private school. Filing an affidavit does not create a private school. The affidavit is only a means of notifying the state and your county that your private school is in operation and to provide them with some basic information about your school.

The California Education Code states that a private school affidavit is expected to be filed between October 1 and 15 each year, although every year the department receives and accepts affidavits after October 15. This year, the department of education has had a series of printing problems with their contractor. As a result, they have not had enough affidavits to send to many counties or to private schools that requested them directly from the state office in Sacramento.

According to the private school office at the state department of education, they received more affidavits on Friday, September 28, and by October 2, had mailed them to the counties and anyone else who requested them from the state office.

A supervisor in the department of education¹s private school office told us that there will not be any problem submitting affidavits late this year. However, private schools should complete and return their affidavits by October 15 if at all possible. If you receive your blank affidavit form too late to be able to complete and return it prior to the October deadline, go ahead and send it in as soon as possible.

It is very important to refer to CHEA's manual, An Introduction to Home Education, and Roy Hanson's August/September Legal Legislative Update newsletter for details on completing and filing your private school affidavit.

Private home schoolers who have not received a blank affidavit form should read the following information carefully:

  1. If you have requested an affidavit form either through your county or the state and gave them your name and address, you should receive the form sometime after October 5. If you have not received an affidavit by October 12, you should check back with your county or the state to determine whether you need to submit another request. The state private school office told us that they are mailing affidavits to everyone who requested one from them. Please do not keep calling the state or your county to ask when the forms will be mailed.

  2. If you have not requested an affidavit form, or if you called your county or the state to request an affidavit, but you did not give them your name and address, you should contact them and ask them to mail you an affidavit. It is best to make your request by mail on your private school's letterhead. It is frequently difficult to get through on the phone, and mail is easier than phone calls for the offices to handle. Do not provide any information about your school or why you want the affidavit. Simply ask for the private school affidavit (R 4 form) and provide your name and address.

Request the affidavit either from your county office of education (refer to your local phone book), or from the California Department of Education, if you are not able to get it from the county. If you must contact the Department of Education, you can write, e mail, or fax:

attn. Private School Office
Policy and Coordination Unit, 2nd Floor
California State Department of Education
721 Capitol Mall
Sacramento, CA 95814 4785

E mail: hemartin@cde.ca.gov
Fax: (916) 657 4367

Any private home schoolers who are refused a private school affidavit form either by their county or by the state should contact HSLDA if you are a member, or Roy Hanson's office. We strongly encourage all private home schoolers to join HSLDA.



 Other Resources

As California Settles One Problem, a "Creative" District Introduces Another

10/2/2001 California E-lert — Obtaining and Filing A Private School Affidavit

9/25/2001 California E-lert — If your county will not give you a private school affidavit . . .

San Francisco Withholds Private School Forms