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- How do I get an Affidavit?
- Who must file a Private School Affidavit?
- What information must be included in the
Private School Affidavit or statement in lieu of the Affidavit?
- Am I required to use the Private School
Affidavit form prepared by California Department of Education (CDE)?
- When do I need to file the Affidavit?
- What is the Affidavit used for?
- Why is it important to file the Affidavit?
- Is a private school the same as a non-public
school?
- What is a non-public school or certified
non-public school?
- Does a non-public school have to file
the Private School Affidavit?
- What is the compulsory education law?
- Other than traditional public school classrooms,
what choices are available for my child's education?
- Is home schooling recognized in California
as exempting a student from public school attendance?
- May a parent who is home schooling his
or her own child file a Private School Affidavit?
- I have filed the Private School Affidavit
certifying that I maintain all of the required private school
records. If the attendance supervisor from the public school
district verifies the filing of the Affidavit, am I also required
to show the records to the attendance supervisor?
- I am planning to use a correspondence
course to teach my child at home. The umbrella organization
that provides the course also provides testing, assigns the
grades, and provides the diploma. Is this an exemption from
the compulsory attendance law?
- I filed the Private School Affidavit.
How do I get a copy of the form I filed with your department?
- Could you send me verification that you
received my school's Affidavit?
- I filed the Affidavit listing three students.
Why doesn't my school have a CDS code? Why am I not listed in
the California Private School Directory?
- Who can have access to the Private School
Affidavits?
- I have been home schooling and would like
to enroll my child in a private or public school. The schools
in my area refuse to place my child in what I believe is the
appropriate grade level and are not accepting the credits my
child has earned through home schooling. May the schools refuse
to accept credits earned through home schooling?
- I am transferring my child from a private
school to a public school. The public school will not give my
child full credit for all his or her courses. Is the public
school permitted to refuse credits issued by the private schools?
- I am transferring my child to a different
private school, but the private school my child was attending
will not release his or her records. What should I do?
- Does the CDE accredit private schools?
- My child is attending a private school.
I have a complaint against his or her school/teacher. With whom
do I talk if I am unable to reach a resolution with the private
school administration?
- Does the CDE have copies of my private
school student records, transcripts, or diploma?
- What do I do if the telephone number listed
on the Affidavit is disconnected?
- What if my private school did not file
an Affidavit?
- I am planning to open a private school.
What do I need to do?
- How can I get a list of private schools
in my area? How do I get a list of private schools in California?
- How can I locate a good private school
in my area?
- Does CDE provide a rating or ranking of
private schools? What Information is available regarding private
schools?
- I am a teacher and am looking for a position
in a private school in California. Where do I start?
- How do I get an Affidavit?
The Private School Affidavit is available online
after October 1, 2007. Please check for updates.
Schools without access to the Internet may request a paper Affidavit
in writing no earlier than August 25. Written requests may be
e-mailed to the Elementary Education Office at privateschools@cde.ca.gov, or
faxed to 916-319-0126, or mailed to:
Elementary Education Office
Attn: Private School Affidavit
California Department of Education
1430 N Street, Room 4401
Sacramento, CA 95814
Paper affidavits will be mailed out beginning in late September.
- Who must file a Private School
Affidavit?
Every person, firm, association, partnership,
or corporation offering or conducting a full-time day or boarding
school at the elementary or high school level must file an Affidavit
(California Education Code Section 33190).
- What information must be included
in the Private School Affidavit or statement in-lieu of the
Affidavit?
Education Code (EC) Section
33190 requires that the Private School Affidavit include all the
information that is set forth in subdivisions (a) – (g)
of EC Section 33190 as follows:
- All names, whether real or fictitious, of the
person, firm association, partnership, or corporation under
which it had done and is doing business
- The address, including city and street, of
every place of doing business of the person, firm, association,
partnership, or corporation within the State of California
- The address, including city and street, of
the location of the records of the person, firm, association,
partnership, or corporation, and the name and address, including
city and street, of the custodian of such records
- The names and addresses, including city and
street, of the directors, if any, and principal officers of
the person, firm, association, partnership, or corporation
- The school enrollment, by grades, numbers of
teachers, coeducation, or enrollment limited to boys or girls
and boarding facilities
- That the following records are maintained
at the address stated, and are true and accurate: (1) the records
required to be kept by EC Section 48222 (2) the courses
of study offered by the institution (3) the names and addresses,
including city and street, of the faculty, together with a record
of the educational qualifications of each.
- Criminal records summary information has been
obtained pursuant to EC Section 44257
- Am I required to use the Private
School Affidavit form prepared by the California Department
of Education?
No. However, you are strongly encouraged to use
the Affidavit form prepared by the CDE to ensure that you provide
all the required information. In lieu of using the CDE form, you
may submit a statement that includes all the necessary information.
In order to meet the requirements of EC Section 33190,
subdivision (g), any in-lieu statement must contain the same type
of certification that appears on the Private School Affidavit
preprinted form, as follows: "To the best of my knowledge
and belief, the information contained in this Private School Affidavit
is true and accurate, and this school is in compliance with EC
Section 44237 to the extent it applies." In addition, the
owner or other head of the private school must sign the statement
under "penalty of perjury."
- When do I need to file the Affidavit?
All private schools are required to file an Affidavit
each year between October 1 and October 15 (EC 33190).
- What is the Affidavit used for?
The Affidavit is a registration document. It is
used to report annual information required by law from private,
full-time day and boarding schools. For schools reporting six
or more students, the information is then used to post the California
Private School Directory.
Filing the Private School Affidavit does not mean that
the State of California or any accrediting agency has made any
evaluation, recognition, approval, or endorsement of the school
or course (EC 33190). The Affidavit is not a license
or authorization to operate a private school.
- Why is it important to file
the Affidavit?
See Question 2. Operators of private schools are
required by law to file a Private School Affidavit. In addition,
the law provides an exemption from compulsory public school attendance
for children who are being instructed in a private, full-time
day school (EC 48200, 48220, 48222), so long as certain
conditions are met: instruction must be provided by persons capable
of teaching; and instruction must be in English and offered in
the several branches of study required to be taught in California's
public schools. In addition, attendance must be kept in a register
that indicates every absence of the pupil from a half day or more
of attendance. For the exemption from the compulsory attendance
law to be valid, the attendance supervisor of the public school
district must verify that the private school has filed the annual
Private School Affidavit required by EC Section 33190.
If the school has nonprofit tax status, the eligibility of that
school's students, teachers and other educational personnel to
participate in various federally funded programs is contingent
upon the annual filing of the Affidavit.
- Is a
private school the same as a nonpublic school?
No. Some private schools are also nonpublic schools;
most are not. See the definition that follows.
- What is a nonpublic school
or certified nonpublic school?
A nonpublic, nonsectarian school means a private
school that is certified by the California Department of Education
to provide special education and related services to individuals
with exceptional needs pursuant to an individualized education
program. The school may serve both public school students and/or
private school students. The school may be nonprofit or proprietary.
- Does a nonpublic school
have to file the Private School Affidavit?
Yes.
- What is the compulsory education
law?
California's compulsory education law (EC
48200) requires each person between six and eighteen years
of age to attend public, full-time day school, and requires their
parents or guardians to send them, unless legally exempt. The
two principal exemptions are (1) instruction in a private,
full-time day school, or (2) instruction by a tutor or other
person holding a valid California teaching credential for the
grade level being taught (EC 48220, 48222, 48224).
- Other than traditional public
school classrooms, what choices are available for my child's
education?
California law explicitly recognizes four choices
available to parents who wish to seek an educational setting other
than a traditional public school classroom for their child:
- A tutor who holds a current
California teaching credential for the grade level being taught
(EC 48224). The tutor must provide instruction:
- In the English language
- In all the branches of study required in the public schools
- For at least 175 days per calendar year
- For at least three hours a day between 8:00 a.m. and
4:00 p.m.
Because the tutor must provide instruction in all branches
of study required in the public schools, the Multiple Subject
Teaching Credential satisfies the credential requirement at
all grade levels. The Single Subject Teaching Credential is
not sufficient at any grade level. The Multiple Subject Teaching
Credential is valid for kindergarten through grade twelve
in self-contained classrooms, whereas the Single Subject Credential
authorizes teaching a special subject only, such as math or
English. Further credential information is available from
the California Commission for Teacher Credentialing (Outside Source) Web site.
The credentialed tutor may be the parent or any person employed
by the parent. A tutor is not required to file the Private
School Affidavit.
-
A private full-time day school or boarding
school (EC 48222) where instruction is
provided by "persons capable of teaching," that
keeps an attendance register indicating clearly every absence
of the pupil from school for a half day or more during each
day the school is maintained during the year, and that provides
instruction in the English language and all the branches of
study required in California public schools. The Private School
Affidavit must be filed annually by the private school.
- Independent study through
a public school district or county office of education (EC
51745 and following), where the student is enrolled in
a school of the district and enters into a written agreement,
prior to beginning independent study, that specifies the curriculum
and methods of study, the arrangements for meeting with the
teacher and submitting assignments, and other information.
-
- Independent study is an alternative to classroom instruction
that is offered by many public school districts pursuant
to EC sections 51745 and following. Independent
study is not an exemption from public school attendance.
Rather, it is an instructional strategy that allows students
to carry on their public school education outside the classroom
based on a written agreement. The agreement includes requirements
consistent with the local school district's course of study.
A certificated employee of the district is designated as
the "supervising teacher," and this person makes
the assignments, evaluates the student's work, and assigns
grades.
A child with exceptional needs may participate in independent
study only if his or her individualized education program,
developed pursuant to
EC sections 56340 and following, provides for
that participation (EC 51745(c)).
If a student's school district does not offer independent
study, parents are encouraged to contact their county office
of education regarding the availability of independent study
through the county or through other districts in their area.
Contact your local school district or county office of education
for more information.
-
- Enrollment in a charter school
organized in accordance with EC sections 47600 and
following.
A charter school is a public school, and it may provide instruction
in any of grades
kindergarten through twelve. A charter school is usually created
or organized by a group of teachers, parent and community leaders
or a community-based organization, and it is usually sponsored
by an existing local public school board or county board of
education. Specific goals and operating procedures for the charter
school are detailed in an agreement (or "charter")
between the sponsoring board and charter organizers.
The Charter Schools Web page is available with more information.
- Is home schooling recognized
in California as exempting a student from public school attendance?
California statutes do not explicitly authorize
home schooling. Whether a home schooled child is attending a private
school, and therefore is exempt from public school attendance,
is a decision made by local school districts and law enforcement
authorities.
- May a parent who is home schooling
his or her own child file a Private School Affidavit?
Yes. A parent offering or providing private school
instruction and who meets the requirements of EC Section
33190 may file an Affidavit in the manner described. However,
filing such an Affidavit with the CDE does not constitute any
opinion by the CDE as to whether a student enrolled in that school
is exempt from public school attendance.
- I have filed the Private School
Affidavit certifying that I maintain all of the required private
school records. If the attendance supervisor from the public
school district verifies the filing of the Affidavit, am I also
required to show the records to the attendance supervisor?
Yes. EC Section 48222 requires that private
schools maintain attendance records in a register that records
the absence of a pupil for the school for a half day or more during
any day that school is maintained. In addition, EC Section 33190
requires the annual filing of the Affidavit, and EC Section 48222
provides that a child's exemption from public school is not valid
until the district's attendance supervisor has verified the filing
of the Affidavit. The certification on the Affidavit is not a
substitute for showing the attendance records to the attendance
supervisor. By reviewing these records, the attendance supervisor
can confirm a student's attendance at the private school.
- I am planning to use a correspondence
course to teach my child at home. The umbrella organization
that provides the course also provides testing, assigns the
grades, and provides the diploma. Is this an exemption from
the compulsory attendance law?
California law does not recognize correspondence
courses as exempting a child from public school attendance. Whether
this situation could qualify as private school instruction would
depend on whether the requirements specified in EC Section
33190 were met. In addition, the question of whether a home schooled
child is attending private school, and therefore is exempt from
public school attendance, is a decision made by local school districts
and law enforcement authorities.
- I filed a Private School Affidavit.
How do I get a copy of the form I filed with your department?
Please make a copy of your Private School Affidavit
(certification pages) before you mail them to the CDE. If you
have misplaced your copy, please send an e-mail to the Elementary Education Office at privateschools@cde.ca.gov, or fax to 916-319-0126, or mail to:
Elementary Education Office
California Department of Education
1430 N Street, Room 4401
Sacramento, CA 95814
- Could you send me verification
that you received my school's Affidavit?
No verification is routinely provided. Upon written
request, a copy of your school's Affidavit will be mailed to
you. Please submit an e-mail request to the Elementary Education Office at privateschools@cde.ca.gov, or fax to 916-319-0126, or mail to:
Elementary Education Office
California Department of Education
1430 N Street, Room 4401
Sacramento, CA 95814
However, the fact that a Private School Affidavit has been filed
with the CDE is not evidence that the entity actually is a private
school, or that the entity has been evaluated or approved by
the state or any governmental agency.
- I filed an Affidavit listing
three students. Why don't I have a CDS code? Why am I not listed
in the California Private School Directory?
The County-District-School (CDS) Code system is
an administrative system for tracking schools.
Private schools with five or fewer students are not listed in the California Private School Directory.
The filing of the Affidavit is not evidence that the entity is a private school or that the entity has been evaluated or approved by the state or any governmental agency.
The CDE is prohibited by the Budget Act from using funds to compile information on private schools with five or fewer students.
- Who can have access to the
Private School Affidavits?
All affidavits are public records and may be requested
by anyone.
- I have been home schooling
and would like to enroll my child in a private or public school.
The schools in my area refuse to place my child in what I believe
is the appropriate grade level and are not accepting the credits
my child has earned through home schooling. May the schools
refuse to accept credits earned through home schooling?
There is no law requiring that "credits"
granted by a parent who has been teaching his or her own child
be accepted by public or private schools. Both private schools
and public schools establish their own policies regarding the
evaluation and placement of new enrollees. Both have discretion
to make this determination on the basis of assessments such as
"end-of-course" tests or other methods they deem suitable.
- I am transferring my child
from a private school to a public school. The public school
will not give my child credit for all his or her courses. Is
the public school permitted to refuse credits issued by the
private schools?
California law does not require public schools
to accept credits from private schools. Public school districts
have the responsibility to evaluate the appropriate placement
for a student. The district may make this determination on the
basis of assessments, such as "end-of-course" tests
or other methods they deem suitable.
- I am transferring my child
to a different private school, but the private school my child
was attending will not release his or her records. What should
I do?
There is no state law governing the release of pupil
records by one private school to another.
When a student moves from a private school to a public school,
or from a public school to a private school, the law requires
that the student's permanent record, or a copy, be transferred
by the former school when requested by the receiving
school (EC 49068).
A private school cannot refuse to transfer student records to
a requesting school because of any charges,
including tuition or fees, that are owed by the student or parent.
(California Code of Regulations, Title 5, Section 438(c)).
However, a private school may keep certain records from the
parents, if monies are owed for property damage
or a failure to return school property, provided that the governing
body of the school has established rules governing procedures
for withholding those records (EC 48904(b)).
- Does the CDE accredit private
schools?
No. California law does not require public or
private schools to be accredited, and the State does not accredit
schools. Most public high schools are accredited, and many private
schools are accredited by a variety of accrediting organizations.
For example, the Western Association of Schools and Colleges (WASC)
accredits public and private schools. For more information, you may visit the WASC (Outside Source) Web site or call them at 650-696-1060.
- My child is attending a private
school. I have a complaint against his or her school/teacher.
With whom do I talk if I am unable to reach a resolution
with the private school administration?
Many nonprofit private schools are affiliated
with administrative organizations or service agencies that may
provide assistance in resolving a complaint. A number of such
organizations are listed at The California Association of Private School Organizations (Outside Source) Web site.
The CDE has no authority over private schools and does not
investigate complaints against them. If the complaint cannot be
resolved at the school level or with the assistance of the private
school organization, you may consider contacting the following
agencies, depending on the nature of the complaint:
- Criminal issues - county child protective services
or local law enforcement authorities
- Health and safety issues - child protective
services, local county health or fire departments
- Discrimination (based on sex, race, color,
religion, ancestry, national origin, disability, or medical
condition) - the Office of Civil Rights of the United States
Department of Education
- Other complaints - local Better Business Bureau;
the Department of Consumer Affairs
- Does the CDE have copies of
my private school student records, transcripts, or diploma?
No. CDE does not collect or store private school
student records, transcripts, or diplomas.
The only information that the CDE can provide would be the name,
address, and telephone number of the custodian of records stated
on the Affidavit last filed by the school. If you would
like to be provided the name, address, and telephone number of
the custodian of records listed on the last Affidavit filed with
the CDE, please send an e-mail request to the Elementary Education Office at privateschools@cde.ca.gov,
or fax to 916-319-0126, or mail to:
Elementary Education Office
California Department of Education
Attn: Private School Affidavit
1430 N Street, Room 4401
Sacramento, CA 95814
Please provide the following information:
- County in which the school was located
- The year the student graduated or was last
enrolled
- The name of the school
Student records for private schools that are part
of a religious school system, such as Catholic or Seventh-day
Adventist schools, may be available through the church headquarters.
For student records for private college or vocational schools,
please contact the California Department of Consumer Affairs,
Bureau for Private Postsecondary and Vocational Education (Outside Source) Web site or call them at
916-445-3427.
Parents who are concerned about the maintenance of student records
at a private school should make this inquiry before enrolling
their child or ask the school their child attends what plan the
school has for storing student records in the event the school
should close.
- What do I do if the telephone
number listed on the Affidavit is disconnected?
The last Affidavit filed by a closed private school
is the most complete and current information held by CDE.
- What if my private school did
not file an Affidavit?
If your school did not file an Affidavit, the
CDE will have no record and cannot provide any information.
- I am planning to open a private
school. What do I need to do?
You can access the California Law (Outside Source) Web site.
The compulsory education law and the exemptions from public
school attendance are in the EC sections 48200,
48220, 48222, and 48224. The requirement for private elementary
and high schools to file an annual Affidavit is in EC Section 33190. The prohibition on hiring persons who have
been convicted of certain crimes is in EC Section 44237.
- How can I get a list of private
schools in my area? How can I get a list of private schools
in California?
You can view the private schools data of all private elementary and
high schools that have filed an Affidavit with the CDE and have
six or more students.
The schools are listed alphabetically by name within each county.
A listing is not evidence that the entity is actually a private
school, nor that the entity has undergone any evaluation by
the state or been approved in any way by any state or other
government agency.
Each school listing includes the following information:
- Name of the school
- Contact information
- Enrollment
- Religious affiliation (if any)
- Gender restrictions (boys or girls)
- Boarding information
- Special education programs (if any)
- How do I locate a good private
school in my area?
The CDE has no authority over private schools
and neither collects any information on student performance nor
evaluates private school instructional programs. Because private
schools reflect a diversity of philosophical orientations, curricular
emphases, and instructional methods, no single test or evaluation
instrument can provide a valid indicator of quality across schools.
Given such diversity, most private schools employ evaluation procedures
(which frequently include various tests) that are linked to their
particular educational goals and programs of instruction. When
visiting a private school, you should feel free to ask its administrators
to explain how student growth and achievement are evaluated and
how the school compares its overall achievement to that of other
schools.
A number of private school organizations may be of assistance
in locating a private school in your area. Reference to this organization (The California Association of Private School Organizations [Outside Source]) and the schools represented does not imply an endorsement
on the part of the CDE.
- Does the CDE provide a rating
or ranking of private schools? What information is available
regarding private schools?
The CDE neither collects nor has access to comparative
data regarding private schools. The following guidance provided
by the California Association of Private School Organizations
(CAPSO) may be helpful to those interested in comparing and
evaluating various private schools:
-
- Private schools are committed to the principle of direct
accountability to students and their parents. Accountability
is facilitated when schools provide timely, credible and
appropriate information about students' growth and achievement
to all partners in the learning process – students,
parents, teachers, and school leadership.
Private schools use a variety of evaluative measures and
procedures to collect, organize, and report such information.
These may include a variety of tests (teacher-created, diagnostic,
standardized, norm and/or criterion-referenced), assessments
of student work, both by teachers (in the form of detailed
observations, reports and conferencing), students (through
journals and self-assessments), or both (e.g., through portfolio
assessment).
Parents who are interested in choosing a private school
for their child(ren) should make a point of asking the principal,
head of school, or other appropriate administrator, how
the school assesses, interprets, and reports student growth
and achievement. If a school administers a standardized
test, ask for information regarding the school's performance
in comparison to other schools.
Keep in mind that tests are not the only means of collecting
information about student progress (and teacher effectiveness),
and that many private schools pursue important goals (e.g.
moral development, creativity, holistic thinking, etc.)
that are not easily or meaningfully captured by a test score.
If a school claims to pursue such goals, ask how student
growth is evaluated.
Finally, parents should also ask what a school does with
the evaluative information it collects. A useful evaluation
system not only sheds light upon student progress, it also
provides important feedback for teacher improvement and
curriculum development. Good schools take pride in their
approach to evaluation.
- I am a teacher and am looking
for a position in a private school in California. Where do I
start?
Contact the private schools directly. You may access
the private school directory/database at The California Association of Private School Organizations (Outside Source) Web site or the California
School Directory.
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