Who Should File a Private School Affidavit?
California Education Code (EC) Section 33190 states that persons, firms, associations, partnerships, or corporations offering or conducting private school instruction at the elementary or high school level for students between the ages of six and eighteen years shall file the Private School Affidavit (PSA) between October 1 and 15. Certified nonpublic, nonsectarian schools (NPS) located in California shall also file the PSA. EC 48222 states that a “full-time” private school offers instruction “… in the several branches of study required to be taught in the public schools of the state.” Therefore, the PSA shall be filed by private schools physically located in California and offering full-time instruction in the subjects taught in the State’s public schools. A private school shall not file until it has established full-time enrollment of students who are NOT also enrolled full-time in another private or public school.
Although full-time schools of any size may file the PSA, 2009 California budget language in ABX4 1, Chapter 1, Section 399, Item 6110-001-0001, Provision 1 limits the California Department of Education’s (CDE) sorting of data and compiling of lists to schools with six or more students.
Why file the Private School Affidavit?
The PSA is used annually to create the CDE online Private School Directory. Enrollment information reported by filing schools informs a number of State and federal agencies that provide programs and services to children and families in California. The federal Elementary and Secondary Education Act (ESEA) includes mandates for the inclusion of eligible private schools in certain student programs and services. Each private non-profit school with six or more students that correctly files the PSA during the filing period will be reported to the public school district in which it is located as a private school that is eligible for certain services and resources under Title IX, Part E Uniform Provisions (DOC; Outside Source) of ESEA. Private schools that do not file a PSA during the filing period may not be included in the Private School Directory and may not be included in the list of private schools eligible for participation in certain federal programs and services under ESEA sent annually to California public school districts as part of the Consolidated Application.
Filing of the PSA shall not be interpreted to mean, and it shall be unlawful for any school to expressly or impliedly represent by any means whatsoever, that the State of California, the State Superintendent of Public Instruction, the State Board of Education, the CDE, or any division or bureau of the Department, or any accrediting agency has made any evaluation, recognition, approval, or endorsement of the school or course unless this is an actual fact (California Education Code Section 33190). See Selected California Education Codes pertaining to private elementary or high schools.
Filing the PSA does not mean that the State of California or any accrediting agency has granted a license or authorization to operate a school.
Filing the Online Affidavit Form
California EC 33190 states that the PSA shall be filed annually between October 1 and October 15. To assure timely entry of information and participation of eligible private schools in ESEA services and programs, filing must be completed between October 1 and October 15. Schools filing after October 15 are considered late filers. Non-profit private schools with six or more students that file after March 15 may not appear in the Private School List on Page Four of the Consolidated Application (Con App), Part 1. Page Four of Con App, Part I lists, for each California public school district, any private schools located within the district that are eligible to benefit from participation in certain federally-funded programs and services under ESEA.
Parents/guardians planning to file for an exemption to school at home should read the Frequently Asked Questions, “Schooling at Home."
2011-12 Private School Affidavit Online Form
Existing schools with six or more students (password required)
All other schools (blank form)
Filing the Paper Affidavit Form or Statement in Lieu of the Form
A California private school that meets the criteria outlined in EC 33190 and operates as a full-time private school as outlined in EC 48222 may file a paper Affidavit or a statement in lieu of the Affidavit. Any filing that is done by mail must be signed and dated in ink and mailed to the address below. An original signature is required on any paper PSA or statement. Paper forms of the PSA may not be attached to e-mails or Faxed. Those filing by mail should note that filing the online Affidavit form is the surest way to file for a private school. Correctly submitting online enters the school’s information into the Private School Data Base automatically. Online filing generates a unique Confirmation Number and will generate a confirmation e-mail.
To receive a paper PSA, please send an e-mail request to privateschools@cde.ca.gov. Those without Internet access may request a paper form by calling 916-445-7331.
Paper PSAs and statements with all required components must be postmarked after October 1, 2010 and mailed to:
Title II Leadership Office - Private Schools
California Department of Education
1430 N Street, Suite 4309
Sacramento, CA 95814
