|
http://www.cde.ca.gov/sp/ps/rq/
The California Education Code Section 33190 requires private schools to file a Private School Affidavit
(PSA) or statement with the State Superintendent of Public Instruction between Octoberer 1st and October 15th
of each year.
After December 31, 2004, the California Department of Education will not accept submissions
or corrections of PSAs, statements, or letters in-lieu.
|
California Homeschool Network (CHN) continues to be in contact with the CDE regarding this issue. It has been explained that it is a decision based on the CDE's need to finish processing the affidavits that were filed in October, 2004, so that they can submit reports to all counties.
New homeschoolers may question what to do if they decide to withdraw their child(ren) from school mid-year and begin to homeschool them by the private school option. In the past, new homeschoolers have filed an affidavit whenever the school was formed, and it has been accepted by the CDE. And now, the website says that the CDE will not accept these submissions until October 1st.
TOP
We do not see this new policy as a restriction on the formation of new private home schools. Some employees at the CDE advise waiting until October to file, but until CHN receives confirmation in writing from the State's attorneys, we do not recommend that course of action. This is a bureaucratic office management decision, rather than a legal one. Homeschoolers have filed affidavits for decades in spite of being told by the CDE that it was illegal. While they are not being told it is illegal today, they are being told that it is late and it will not be accepted.
CHN suggests that new homeschoolers who choose the private school option may want to consider filing an in lieu statement, samples of which may be found at http://californiahomeschool.net/howTo/sil.htm. Although the CDE says that they will not accept statements in lieu until next October, they have not indicated that anything will happen if statements are mailed at a prior date - other than they won't be processed. Attempting to file will establish that your school is knowledgeable about its responsibilities under the law and shows your intent to file. There is no law or penalty for attempting to file, and the proof that it has been done may help a family in the unlikely event that they are contacted by local school authorities. An alternative would be to join a private ISP for the remainder of this school year, keeping your option to begin your own private school next fall.
TOP
Filing a Statement Mid-Year
If you file an in lieu statement, keep a copy for your records, and consider getting some kind of postal confirmation, such as a certificate of mailing (90 cents) that provides proof of mailing. We do not suggest sending any confirmation that would require a signature from the CDE. It is not necessary and it causes extra work for them, and that is not our intent.
What if Your Affidavit is Returned?
You may have counseled your children that they are accountable for their own actions and not the actions of others. The same principle applies here. All you can do is try to be in compliance with the law, and what an employee in Sacramento does with your affidavit is not your responsibility. We doubt they will spend the time and postage money to return it to you, but if they do, keep it with your other school records as your proof of intent.
TOP
More Information
CHN's Legal Rights Committee anticipates a response to our questions from the CDE's Legal Division. As updates occur, they will be discussed first on the CaliforniaHS elist. Join homeschoolers from around the state along with CHN's legal and legislative teams, trustees, and other volunteers at http://groups.yahoo.com/group/CaliforniaHS/.
California Homeschool Network Legal Rights Committee
Email: legal@CaliforniaHomeschool.net
|
