

Pertinent Private School Education Codes
The entire California Education Code may be found online at
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=edc&codebody=33190.
Every person, firm, association, partnership, or corporation offering or conducting private
school instruction on the elementary or high school level shall between the first and 15th day of
October of each year, commencing on October 1, 1967, file with the Superintendent of Public
Instruction an affidavit or statement, under penalty of perjury, by the owner or other head
setting forth the following information for the current year:
(a) All names, whether real or fictitious, of the person, firm, association, partnership, or
corporation under which it has done and is doing business.
(b) 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.
(c) 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.
(d) The names and addresses, including city and street, of the directors, if any, and principal
officers of the person, firm, association, partnership, or corporation.
(e) The school enrollment, by grades, number of teachers, coeducational or enrollment limited
to boys or girls and boarding facilities.
(f) That the following records are maintained at the address stated, and are true and accurate:
(1) The records required to be kept by Section 48222.
(2) The courses of study offered by the institution.
(3) The names and addresses, including city and street, of its faculty, together with a record of
the educational qualifications of each.
(g) Criminal record summary information has been obtained pursuant to Section 44237.
Whenever two or more private schools are under the effective control or supervision of a single
administrative unit, such administrative unit may comply with the provisions of this section on
behalf of each of the schools under its control or supervision by submitting one report.
Filing pursuant to this section 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 Superintendent of Public Instruction, the State Board of
Education, the State Department of Education, 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.
The Superintendent of Public Instruction shall prepare and publish a list of private elementary
and high schools to include the name and address of the school and the name of the school
owner or administrator.
33191. (a) Commencing October 1, 1985, the affidavit or statement filed with the
Superintendent of Public Instruction pursuant to Section 33190 shall, under penalty of perjury,
include a statement manifesting compliance with the provisions of Section 44237.
44237. (a) Every person… offering or conducting private school instruction on the elementary
or high school level shall require… background clearance criteria that meets or exceeds the
requirements of this section, to submit two sets of fingerprints… (b)(4) This section does not
apply to a secondary school pupil working at the school he or she attends or a parent
or legal guardian working exclusively with his or her children.
48222. Children who are being instructed in a private full-time day school by persons capable
of teaching shall be exempted. Such school shall, except under the circumstances described in
Section 30, be taught in the English language and shall offer instruction in the several branches of
study required to be taught in the public schools of the state. The attendance of the pupils shall
be kept by private school authorities in a register, and the record of attendance shall indicate
clearly every absence of the pupil from school for a half day or more during each day that
school is maintained during the year.
Exemptions under this section shall be valid only after verification by the attendance supervisor
of the district, or other person designated by the board of education, that the private school has
complied with the provisions of Section 33190 requiring the annual filing by the owner or other
head of a private school of an affidavit or statement of prescribed information with the
Superintendent of Public Instruction. The verification required by this section shall not be
construed as an evaluation, recognition, approval, or endorsement of any private
school or course.
