10/2/01 12:20:25 PM
J. Michael Smith, Esq., President of HSLDA
California--Obtaining and Filing A Private School Affidavit

From the HSLDA@Capitol Hill E-lert Service...

October 2, 2001

Dear California Members and Friends,

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. 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. Home School Legal Defense Association, Family
Protection Ministries, and Christian Home Educators Association of
California (CHEA) have fielded many calls from home schoolers
regarding this issue.

This information, as well as that in our September 25 alert, 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 of 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 California Education Code Sec.
33190 is not an application requiring approval to establish a private
school, nor does filing the affidavit 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 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 number of printing
problems with its contractor. As a result, it has not had enough
affidavits to send to all the counties or private schools that
requested them directly from the state office in Sacramento. The
state office expected to receive more affidavits Friday, September
28. As soon as the affidavits are on hand, they will be mailed to the
counties and to all individuals who requested them.

A supervisor in the state private school office told us that late
affidavits will not be a problem this year. However, private schools
should complete and return their affidavits by October 15 if
possible. If you receive your blank affidavit form too late to return
it prior to the October deadline, send it in as soon as possible.

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

1. If you requested an affidavit form either through your county or
the state and gave them your name and address, you should receive one
sometime after October 5. If you have not received an affidavit by
October 12, check back with your county or the state to determine
whether you need to submit another request. The state private school
office assured us that its staff will be mailing affidavits to
everyone who requested one. Please do not continue 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 provide
your name and address, 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 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

Request the affidavit either from your county office of education
(refer to your local phone book), or from the California Department
of Education:

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

Any HSLDA member families operating as private schools who are
refused a private school affidavit form either by their county or by
the state should contact us immediately.

Very truly yours,

Michael Smith, President

Home School Legal Defense Association
P.O. Box 3000
Purcellville, Virginia 20134
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 Other Resources

More Information on California's Private School Affidavit R-4 Forms

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

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

San Francisco Withholds Private School Forms