Title 1 Services for Students in Private Schools
Legislation and Resources for eligible private school children.Private School Services for Students: Title I requires that local educational agencies (LEAs) provide eligible private school children with Title I educational services or other benefits that are equitable to those provided to eligible public school children. Title I services for eligible private school children must be developed in consultation with private school officials. Eligible students enrolled in private schools receive Title I, Part A services; private schools do not receive Title I, Part A funds. The public school district, where the students reside, is responsible for making these services available for students in private schools.
Legislation 
NCLB, Title I, Part A, Section 1120, Participation of Children Enrolled in Private Schools.
NCLB, Title I, Part A, Section 1120, Participation of Children Enrolled in Private Schools.
Resources
Technical assistance through useful Web sites and documents.
Sample Template Nonprofit Private School Consultation (DOC; 12-Apr-2006)
Non-Regulatory Guidance (DOC)
Guidance issued by the US Department of Education.
(DOC)Guidance issued by the US Department of Education.
Appendix I: Affirmation of Consultation form (DOC; 17-Sep-2004)
An example document taken from the Non-Regulatory Guidance issued by the US Department of Education.
An example document taken from the Non-Regulatory Guidance issued by the US Department of Education.
Guidance Document
Guidance document issued by the California Department of Education.
Guidance document issued by the California Department of Education.
Title I Resource Tool Kit (PDF)
Ensuring equitable services to private school children.
(PDF)Ensuring equitable services to private school children.
Title I Services for Children Enrolled in Private Schools 2013 (PDF; June 2013)
Title I Services for Children Enrolled in Private Schools 2012 (PDF; June 2013)
Provides information on federal equitable services and consultation requirements, as well as information on generating funds, reservation requirements, and student selection criteria.
Title I Services for Children Enrolled in Private Schools 2012 (PDF; June 2013)
Provides information on federal equitable services and consultation requirements, as well as information on generating funds, reservation requirements, and student selection criteria.
Questions: Jyoti Singh | JySingh@cde.ca.gov | 916-319-0372
Private Schools Frequently Asked Questions
Frequently asked questions and requirements regarding private schools in California.Private Schools and Schooling at Home
- Private Schools: Alternatives; Regulations; Selecting a School
- Private Schools and the Private School Affidavit
- Private School Records; Starting a Private School; and Complaints
- Schooling at Home
Private Schools: Alternatives; Regulations; Selecting a School
- What is a private school?
- What is the compulsory education law?
- What are the exemptions?
- How do these exemptions to compulsory attendance work?
- What is truancy?
- What constitutes a full-time day school for exemption purposes?
- How can I learn more about education rules and regulations?
- Do the public schools offer alternatives within the public school system?
- What is a charter school?
- What is a nonpublic school or certified nonpublic school?
- Does the California Department of Education (CDE) regulate private schools?
- Do any California Education Code (EC) sections apply to private schools?
- Does CDE license private schools?
- How can I get a teaching position at a private school?
- Must private school teachers possess a valid California teaching credential?
- How can I locate private schools in my area?
- Are there online private schools?
- How do private internet-based programs work?
- Does the CDE validate private school diplomas?
- Does the CDE evaluate or rate private schools?
- Do private schools have Academic Performance Index (API) scores?
- How do I determine if a private school has high student achievement?
- How can I learn about the quality of a private school’s program?
- Does the CDE accredit schools?
- Are public funds available for private school tuition?
- What if my California private school did not file the Private School Affidavit?
- What is a private school?
A private school is a private business or nonprofit entity that offers or conducts full-time instruction with a full complement of subjects at the elementary, middle, or high school level. Private schools function outside the jurisdiction of the California Department of Education (CDE) and most state education regulations. Private schools do not participate in California’s educational accountability system and are directly accountable to students and their parents or guardians, based on the terms of the private school enrollment contract.
A more detailed discussion of private schools is located in the CDE Fact Book 2009 (pages 102-103) on the CDE Fact Book Web page.
Information on the definitions of public and private schools is on the CDE Web page Definition of a School - Content.
- What is the compulsory education law?
California's compulsory education law (See EC Section 48200 on the CDE Selected California Education Codes Web page) requires each person between 6 and 18 years of age to attend public, full-time day school and requires their parents or guardians to send them unless legally exempt.
- What are the exemptions?
The two principal exemptions from attending public school are set forth in EC Section 48222, under which children being instructed in a private, full-time day school by persons capable of teaching shall be exempt; and in EC Section 48224, under which children being instructed in study and recitation for at least three hours a day for 175 days each calendar year in the several branches of study required to be taught in the public schools of this state and in the English language by a private tutor or other person holding a valid California teaching credential for the grade level being taught shall be exempt.
- How do these exemptions to compulsory attendance work?
In California, exemption from public school attendance requires enrollment in and instruction of a student by a full-time private school. A full-time private school may include a parent instructing his or her own child at home if the home school meets the criteria applied to other private schools. All private schools must file the Private School Affidavit annually as required by EC Section 33190. Credentialed tutors seeking exemption for a student must offer instruction for at least 3 hours a day for 175 days in a year.
Students not enrolled in a public school and not exempt by California Education Code may be declared truant by the local school district.
- What is truancy?
Truancy is declared by a public school district when a child misses a defined number of days of school without a valid excuse. (EC Section 48260 et seq.)
- What constitutes a full-time day school for exemption purposes?
California law does not specifically define “full-time” for this purpose. It appears to mean enough hours per day and days per year to offer instruction in the several branches of study required to be taught in the public schools of the state to the same general degree of depth. These branches of study are outlined in EC sections 51210 and 51220. “Full-time” does not include institutions or programs which offer instruction in single subject classes such as language or driver education, nor does it include tutoring of students enrolled in regular public schools.
- How can I learn more about education rules and regulations?
There are local regulations and state regulations. California is divided into county offices of education and public school districts. Your local county and local district offices have policy and procedure manuals and other local resources. For state statute, the California Education Code and Code of Regulations can be accessed through the CDE Laws and Regulations Web page.
- Do the public schools offer alternatives within the public school system?
Yes. Public school districts offer independent study, charter schools, and other alternatives. Look for the questions/answers that follow about public school options or refer to the education options link below. Because all such public school options require enrollment in a public school system, these options satisfy compulsory attendance. Your local public school district can explain public school alternatives.
For more information about public school alternatives, visit the CDE Educational Options Web page.
- What is a charter school?
A charter school is a public school that may provide instruction in any of grades kindergarten through twelve. A charter school is usually created or organized by a group of teachers, parents 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.
For more information on charter schools, visit the CDE Charter School Resources Web page or the CDE Fact Book 2009 (pages 100-101) on the CDE Fact Book Web page.
- What is a nonpublic school or certified nonpublic school?
California's nonpublic schools (NPS) are specialized private schools that provide services to public school students with disabilities. EC Section 56034 defines a nonpublic, nonsectarian school (nonreligious) as a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program. The tuition of a student in an NPS is paid by the public LEA that places the student in the NPS based on the student’s individual needs. Unlike other private schools, each NPS is certified by the CDE. The federal government also uses the term nonpublic school but as a descriptor for any private school.
Questions concerning the operation of certified nonpublic schools should be directed to the CDE Special Education Division at 916-327-0141.
- Do any California EC sections apply to private schools?
Yes. While the vast majority of EC sections apply only to public schools, certain sections do apply to private education and private schools. Selected EC sections that pertain to private schools are listed below and on the CDE Selected California Education Codes Web page.
- EC Section 48200 is the statute for compulsory education.
- EC sections 48222 and 48224 explain the primary exemptions to compulsory public education.
- EC Section 33190 explains the requirement for private schools to file an annual affidavit.
- EC Section 44237 provides the prohibition against hiring persons who have been convicted of certain crimes.
- EC Section 49068 governs the transfer of student records.
- EC Section 48904(b) governs the withholding of student records under certain circumstances.
- EC Section 51210 outlines course of study requirements for public schools grades one through six.
- EC Section 51220 outlines course of study requirements for public schools grades seven through twelve.
- EC sections 56365 – 56366.12 govern an NPS certified to provide special education at public expense.
The U.S. Department of Education maintains a current statement of private school regulations in each state.
in each state.- Does CDE license private schools?
No. In California, no state agency licenses, regulates, or oversees private schools, except for non-public schools as described in #10, above. A private school is a business or nonprofit entity that is required to comply with requirements imposed by the jurisdiction, county, city, or other locality in which it is located, such as zoning, health and safety codes, fire codes, or other local ordinances. - How can I get a teaching position at a private school?
Private schools are completely independent of CDE. Anyone interested in employment in a private school should contact each private school directly about available teaching positions. A list of California private schools that have filed the Private School Affidavit and have six or more students is on the CDE Private Schools Web page. The list is arranged alphabetically by county and then by school name and includes the contact information for each school listed along with other information that may be useful.
The Teach California Web site has valuable information for anyone interested in teaching at any level in California. - Must private school teachers possess a valid California teaching credential?
No. EC Section 48222 specifies only that private school teachers be “…persons capable of teaching”. However, many private school teachers do possess current California teaching credentials. An NPS (defined in #10, above) that accepts public school students with individualized education programs must have appropriately qualified and credentialed staff. - How can I locate private schools in my area?
CDE has two directories for private schools in California. The online Private School Directory can be used to search for private schools and contains more detailed information about each school. This list, which includes private schools having six or more students that registered with CDE by filing a Private School Affidavit, is located on the CDE Private Schools Web page. The lists on this Web page have been posted annually in the spring since 1999. Each list is an Excel spreadsheet that can be sorted and downloaded.
A second directory, the California School Directory on the CDE Web site, also includes private schools. This Directorycan be faster and easier to use for some types of searches which require general contact information for a private school.
Note: A listing in either Directory is not evidence that the entity is a private school. A listing is evidence only that a Private School Affidavit has been filed. Filing the Affidavit does not imply any evaluation by the CDE nor does it indicate any approval by CDE or other government agency. - How do private internet-based programs work?
Private, fee-based programs offered on the Internet can be found through an Internet search. Programs are located in California and in many other parts of the country. These programs operate with little oversight. Students enroll online. Some programs offer face-to-face meetings with teachers; others are purely virtual and operate almost completely online. Transferability of course credits between private online schools and California public schools and colleges varies widely. Some programs qualify for accreditation by the regional accrediting agency. The regional accrediting agency for California is the Western Association of Schools and Colleges. - Does the CDE validate private school diplomas?
No. The CDE does not have any authority to monitor or regulate private schools and consequently has no role in determining the validity or acceptability of private school diplomas. Colleges, employers, and military branches have complete discretion as to whether private school credits or diplomas are acceptable. Private high schools that are accredited by the Western Association of Schools and Colleges grant diplomas that generally are universally accepted. - How do I determine if a private school has high student achievement?
The CDE does not collect any information on private school student performance nor does it evaluate private school instructional programs. To determine the relative competitiveness of a private school, ask the school’s main office how the school measures student achievement and request copies of any reports of this information. - How can I learn about the quality of a private school’s program?
When considering a private school, ask the school’s administrator to explain how student achievement is measured and how teachers use assessment information. Private high schools will also have information about college acceptance. For more detailed program quality information, ask to see the school’s profile of standardized test results by grade - Does the CDE accredit schools?
No. The CDE does not accredit either public or private schools. Accrediting is done by a variety of accrediting organizations.
The Western Association of Schools and Colleges (WASC) is an example of an established organization that accredits private schools. WASC accreditation generally ensures that the credits and diploma awarded by the schools it accredits will be accepted by colleges and prospective employers. You can review the WASC list of accredited schools on their Web site or by calling 650-696-1060.
If a private school does not file an Affidavit, the CDE will have no record of this school, and the students attending the private school will not be exempt from compulsory public school attendance.
