Under Education Code Section 33190, every private school must file an affidavit with the California Department of Education (CDE). The filing of such an affidavit with CDE does not constitute certification that the filer is actually operating a private school.
Under Education Code Section 48222, a child is exempt from compulsory public school attendance if he or she is "being instructed in a private full-time day school," and enrollment in the private school has been verified by the district attendance supervisor. Whether an individual child is enrolled in a legitimate private school, or is truant, is to be determined by local education agencies otherwise responsible for those children based on residence. The rules regarding enforcement of the truancy laws are found in Education Code sections 48260-48325.
If a parent providing instruction to his or her own child at home files a private school affidavit with CDE, it is still the responsibility of the local education agency to determine whether the pupil is entitled to the exemption created by Sec. 48222.