Affidavits and Unsworn Declarations

Whether you are preparing to homeschool for the first time or you are getting ready for another great year, the affidavit form or unsworn declaration form can be used to indicate that you will be homeschooling in Pennsylvania. The affidavit must be notarized. The unsworn declaration does not need to be notarized, but requires a specific statement and signature. The unsworn declaration option went into effect on April 20, 2020 (Title 42 Chapter 62 – Uniforn Unsworn Declarations Act)

When do you need to submit the Affidavit or Unsworn Declaration?

• Generally, you must file an affidavit or unsworn declaration with your school district prior to commencing homeschooling and each following year by August 1.
• If your child has never attended public school, you must file an affidavit or unsworn declaration with the school district the year he/she attains compulsory attendance age, which is currently six years old (24 P.S. § 13-1326).
  • The Pennsylvania Department of Education’s basic education circular states the following: “Specifically, a child who has attained the age of 6 on or before September 1 must enroll and attend school or begin a home school program that year.”
  • However, a parent may withdraw a child from public school if the parent does not believe the child is ready for school. In this case, if the child is not yet 6, HSLDA takes the position that the compulsory school attendance law would not apply once the child is formally withdrawn from school. The Pennsylvania Department of Education shares this opinion in its basic education circular on compulsory school attendance.

  What should be in the Affidavit / Unsworn Declaration?

  • Name of the supervisor of the home education program who shall be responsible for the education
  • Name and age of each child who shall participate in the home education program
  • Address and telephone number of the home education program site
  • Subjects required by law are offered in the English language
  • Outline of proposed education objectives by subject area
  • Evidence that each child has been immunized
  • Evidence that each child has received required health and medical services
  • A statement indicating that the home education program will comply with the law
  • A certification that all adults living in the home and persons having legal custody of each child have not been convicted of criminal offenses within the last five years
  • Approval of the home education program is required for students that have been identified as needing special education services (see below) section 1327(d)

  Who can approve those identified as needing Special Education?

  • A teacher with a valid certificate from the Commonwealth to teach special education
  • A licensed clinical or certified school psychologist

  Sample Affidavit and Unsworn Declaration

  Unsworn Declaration FAQ

  Q: When did this come about?
  A: April 2020

  Q: What does this mean?
  A: Homeschoolers now have an option of using the traditional notarized affidavit or the new option of the unsworn declaration which does not require notarization

  Q: Who made this decision?
  A: PA Act 15 was made effective by Governor Wolf in April 2020

  Q: What is the difference between this and an affidavit?
  A: An Affidavit is signed and notarized.
  An Unsworn Declaration includes a specific statement and is signed.
  Both should be drafted with factual information that is true.

  Q: Is this in the homeschool law or is it something outside the homeschool law that can work with the homeschool law?
  A: Nothing with the homeschool law has changed. What has changed is the government now says you can make an unsworn declaration for some documents that used to require notarization.

  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; 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 required outline of proposed education objectives shall not be utilized by the superintendent in determining if the home education program is out of compliance with this section and section 1327. 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.