Filing Your Homeschool Affidavit or Unsworn Declaration in Pennsylvania
If you’re planning to homeschool in Pennsylvania, one of the very first and most important steps you’ll need to take is filing a PA homeschool affidavit or unsworn declaration.
But don’t worry . . . filing the required paperwork is not nearly as complicated as it may sound! Here’s everything you need to know about the filing process.
This post contains my best understanding of Pennsylvania’s homeschool law, as well as my personal experiences from 20+ years of homeschooling in PA. However, I am not a lawyer, and nothing in this post is intended as legal advice. Please consult HSLDA or your own lawyer for legal guidance.
What Does Pennsylvania Law Say?
1. Pennsylvania Homeschool Law
First of all, let’s see exactly what the PA homeschool law says about the homeschool affidavit:
“A notarized affidavit of the parent or guardian or other person having legal custody of the child or children, filed prior to the commencement of the home education program and annually thereafter on August 1 with the superintendent of the school district of residence and which sets forth:
- the name of the supervisor of the home education program who shall be responsible for the provision of instruction [provided that such person has a high school diploma or its equivalent];
- the name and age of each child who shall participate in the home education program;
- the address and telephone number of the home education program site;
- that such subjects as required by law are offered in the English language,
- including an outline of proposed education objectives by subject area;
- evidence that the child has been immunized in accordance with the provisions of section 1303(a)
- and has received the health and medical services required for students of the child’s age or grade level in Article XIV;
- and that the home education program shall comply with the provisions of this section and that the notarized affidavit shall be satisfactory evidence thereof. . . .
- The affidavit shall contain a certification to be signed by the supervisor that the supervisor, all adults living in the home and persons having legal custody of a child or children in a home education program have not been convicted of the criminal offenses enumerated in subsection (e) of section 111 within five years immediately preceding the date of the affidavit.”
(Note: The statement in brackets above was inserted from another part of the homeschool law for the purpose of clarity.)
2. Uniform Unsworn Declarations Act
In 2020, Pennsylvania passed the Uniform Unsworn Declarations Act which states that “an unsworn declaration . . . has the same effect as a sworn declaration.” (An affidavit is a sworn declaration.)
In other words, an unsworn declaration serves exactly the same purpose as a notarized affidavit.
This means that homeschoolers in Pennsylvania have two options for filing with the school district: a notarized affidavit or an unsworn declaration.
What Is a Homeschool Affidavit?
A homeschool affidavit is a notarized legal document that you submit to your local school district superintendent before you begin homeschooling.
The PA homeschool affidavit officially notifies the school district that you’re withdrawing your child from school (if applicable) and that you intend to teach your child at home.
Since the affidavit is a legal document, it must be signed in front of a notary. The notary verifies your identity, witnesses your signature, and officially notarizes the document.
What Is an Unsworn Declaration?
An unsworn declaration contains the exact same information as an affidavit, but it does not need to be notarized.
Instead, it must include a statement (similar to the one below) declaring that the information is true and correct under penalty of perjury.
“I declare under penalty of perjury under the law of the Commonwealth of Pennsylvania that the foregoing is true and correct.”
When you sign the unsworn declaration, you are verifying that you have provided factual information, just as if you were signing an affidavit in front of a notary.
👉🏻 Check out this sample affidavit and unsworn declaration. And remember, choose just one option. You do NOT need to do both!
What Information Is Required in the Affidavit or Unsworn Declaration?
Pennsylvania law requires that your homeschool affidavit or unsworn declaration includes the following:
1. Basic Information
- Name of the supervisor (parent, guardian, or legal custodian of the child or children)
- Name and age of each child
- Address and telephone number of the home education site
2. Supervisor’s Qualifications
You must state in the notarized affidavit or unsworn declaration that you (as the homeschool supervisor) have a high school diploma or its equivalent.
3. Statement of Teaching in English
You must attest that all legally required subjects will be taught in the English language.
4. Educational Objectives
You’ll need to list the general homeschool objectives you plan to cover during the school year, organized by subject area (for example, math, language arts, science, social studies, etc.).
These objectives don’t have to be overly detailed, and you aren’t required to follow through with everything you list.
5. Evidence of Immunization or Exemption
In your affidavit or unsworn declaration, you must attest that your child has either had the appropriate immunizations or has a medical or religious exemption.
The law also states that you must provide evidence that your child is either immunized or exempt. And this is where things get a little confusing.
Some parents believe that attesting to immunization or exemption in the affidavit or declaration is sufficient evidence. Others choose to submit proof to the school district to ensure full compliance.
If you choose not to submit immunization records or an exemption, be prepared for the possibility that your district might follow up and request documentation. In that case, you might want to contact HSLDA for legal advice.
6. Evidence of Required Health and Medical Services
Pennsylvania law also sets guidelines for health and medical services that children must have in certain grade levels. These requirements include medical exams, dental exams, vision and hearing screenings, and several other services.
Just as with immunizations, you must attest and provide evidence that your child has received all the health and medical services that are required for his particular grade.
If you choose (or are required) to provide more evidence, I do NOT recommend handing over your child’s private medical information to the school district. Instead, a letter from his health care providers stating that he has received the medical services required for his age or grade level should be enough.
If your district is asking for more medical information than you are comfortable sharing, I highly recommend that you contact HSLDA before you respond.
7. Statement of Legal Compliance
You must attest that your home education program will comply with the PA Home Education Law (Section 1327.1 of the Pennsylvania School Code).
8. Certification of No Criminal Offenses
You must also certify that no adults close to the child(ren) have been convicted of any criminal offenses within the past five years. This applies to you (as the supervisor), all other adults living in your home, and any persons having legal custody of the child(ren).
👉🏻 If your child has been identified as needing special education services, you’ll also need to submit an approval letter from a certified special education teacher, a licensed clinical psychologist, or a certified school psychologist.
When to File a PA Homeschool Affidavit or Unsworn Declaration
Pennsylvania law requires that you file with your local school district when you meet the following criteria.
If your child has NEVER been enrolled in public or private school:
- As soon as your child reaches compulsory school age, which is defined as being six years old by September 1 of that year
- By August 1 every year after that
If your child has been enrolled in public or private school:
- Before withdrawing him or her from school (no matter their age)
- By August 1 every year after that
👉🏻 If you’re beginning homeschooling mid-year, you may start as soon as the required documents are submitted.
How to File a PA Homeschool Affidavit or Unsworn Declaration
1. Gather All Required Documentation
- Completed homeschool affidavit or unsworn declaration form
- List of educational objectives by subject area for each child
- Evidence of immunization or exemption (if you believe it is required)
- Evidence of medical services (if you believe it is required)
2. Get Homeschool Affidavit Notarized
If you are filing a homeschool affidavit, be sure that you have the form completely filled out EXCEPT the signature. You should NOT sign the form until you are in the presence of a notary public.
(If you’re filing an unsworn declaration, you can go ahead and sign it!)
3. Make Copies of Everything
Always, always, ALWAYS be sure that you have copies of everything for your own records. (My school district once lost my paperwork and needed me to resubmit it!)
4. Submit All Documentation
Now it’s time to submit your affidavit or unsworn declaration to the superintendent of the school district where you reside.
To file by mail:
Send your documentation by certified mail with return receipt. This means that someone at the local school will be required to sign for the envelope, and you’ll get that signature back as proof that you filed.
To file in person:
Contact your local school district to find out if you need an appointment to drop off your paperwork. Be sure to get a confirmation letter that states that the district has received your paperwork.
After You File: What Happens Next?
Once you’ve submitted your affidavit or unsworn declaration, you’re officially recognized as a homeschooling family in Pennsylvania. This means you will need to:
- Maintain a portfolio of your child’s work.
- Arrange for standardized testing in grades 3, 5, and 8.
- Prepare for an annual evaluation by a qualified professional.
- Keep all documentation on file as proof of your compliance.
Filing your PA homeschool affidavit or unsworn declaration is an important step in starting your homeschooling journey. Once you’ve filed, you can focus on what matters most—giving your child a solid education at home.
👉🏻 Have a question? With 20+ years of experience homeschooling in PA, I want to help you in any way that I can! Remember, there are NO stupid questions. If you are wondering about something, someone else probably is, too. 🙂
Homeschool Affidavit or Unsworn Declaration FAQs
1. Is it better to file a notarized affidavit or an unsworn declaration?
A notarized affidavit and an unsworn declaration both have the same effect. Neither is better than the other. However, filing an unsworn declaration does save a step since you don’t have to have it notarized.
2. Do immunization or exemption requirements apply to homeschoolers?
Yes. 28 Pa. Code § 23.83 clearly states that Pennsylvania’s immunization requirements DO apply to students in home education programs.
3. Do I have to submit a copy of my diploma?
No. You are attesting in the affidavit or unsworn declaration that you have a diploma or its equivalent, and “the notarized affidavit [or unsworn declaration] shall be satisfactory evidence thereof.”
More Resources
- PA Home Education Law (Section 1327.1 of the Pennsylvania School Code)
- Home Education BEC (info from PA Department of Education)
- Home Education and Private Tutoring Guide (PDF download from PA Department of Education)
- HSLDA’s response to immunization/exemption and medical requirements