A homeschool affidavit is a formal, notarized legal document in which parents declare their intent to homeschool and outline their educational plan. It's required in some states as proof of compliance with compulsory education laws.
What is a Homeschool Affidavit?
A homeschool affidavit is a sworn legal declaration—typically notarized—that parents sign to formally notify their state or local education authority of their intent to educate their children at home. Unlike a simple notice of intent, an affidavit carries legal weight because it's signed under penalty of perjury. This document serves multiple purposes: it demonstrates compliance with state homeschooling laws, protects parental rights to educate children outside traditional schools, and creates an official record that exempts the child from compulsory public school attendance requirements. Not every state requires one, and the specific requirements vary considerably depending on where you live.
Key Takeaways
- Required in some states including Arizona, California (called Private School Affidavit), Florida, Pennsylvania, and others
- Typically requires notarization and is filed with local school district or state education department
- Must include student information, parent details, educational plan description, and compliance certifications
- Filing deadlines and renewal requirements vary by state—some require annual filing, others just once
States That Require Homeschool Affidavits
Several states mandate some form of affidavit for homeschooling families. Arizona requires a notarized Affidavit of Intent filed with the County School Superintendent within 30 days of starting to homeschool. California uses a Private School Affidavit (PSA) that must be filed annually each October through the California Department of Education. Pennsylvania requires a notarized affidavit (or unsworn declaration since 2020) filed before starting and annually by August 1. Florida requires a Home Education Affidavit sealed by a notary. Utah recently simplified requirements in 2025—now just a one-time notification to the local school board. Many other states have no affidavit requirement at all, so always verify your specific state's laws.
What to Include in Your Affidavit
While requirements vary by state, most homeschool affidavits share common elements. You'll typically need to provide your child's full name, age, date of birth, and grade level. Parent information includes your name, address, phone number, and in some states, your educational qualifications. The affidavit usually requires a description of your curriculum or educational plan, a statement confirming you'll meet minimum instructional hours (which varies by state—Pennsylvania requires 180 days and 900-990 hours depending on grade), and certification that you'll maintain required records. Some states like Pennsylvania also require a criminal background attestation. The document must be signed by the parent and notarized if your state requires it.
Affidavit vs. Notice of Intent
These terms are sometimes used interchangeably, but they're actually different. A notice of intent is typically a simple letter informing authorities of your decision to homeschool—it usually doesn't require notarization and is less formal. A homeschool affidavit is a formal legal document, sworn under penalty of perjury and typically notarized, carrying greater legal weight. The distinction matters because an affidavit creates a legally binding statement that can have consequences if falsified. When in doubt about which your state requires, check your state's Department of Education website or consult organizations like HSLDA for state-specific guidance.
The Bottom Line
A homeschool affidavit is your formal declaration to the state that you're taking responsibility for your child's education. Whether you need one depends entirely on where you live—some states have strict requirements while others have none at all. If your state does require an affidavit, file it on time and keep copies for your records. Missing deadlines or incomplete filings can create unnecessary complications with local school districts. Take a few minutes to research your specific state's requirements before you begin homeschooling, and you'll avoid potential headaches down the road.
