PA Homeschool Affidavit vs Unsworn Declaration: Which One Should You Use in 2026?

If you have spent any time in Pennsylvania homeschool Facebook groups this summer, you have probably seen the same question pop up over and over: "Do I really have to get my affidavit notarized, or can I use an unsworn declaration instead?" It is a fair question — and the answer matters, because getting it wrong can put your child in truancy limbo before September.

Here is the plain-English breakdown of the two options, when each is legal, and which one your district is most likely to accept without a fight in 2026.

What Pennsylvania law actually requires

Pennsylvania's home education law (Act 169 of 1988, codified at 24 P.S. § 13-1327.1) requires the parent-supervisor to file a notarized affidavit with the superintendent of the district where the child resides. The affidavit must be on file before instruction begins, and it is due by August 1 each year.

That statute has not changed. The notarized affidavit is still the default, expected filing.

So where does the "unsworn declaration" come from?

Pennsylvania has a separate statute — the Unsworn Declarations Act (42 Pa. C.S. § 5901 and following) — that allows an unsworn written declaration, signed under penalty of perjury, to substitute for a sworn or notarized statement in many contexts. Some homeschool advocates have argued this means parents can skip the notary and file an unsworn declaration instead of a notarized affidavit.

Legally, that argument has real weight. Practically, it can create friction with your district. Here is how to think about it.

The notarized affidavit: the safe default

• What it is: A written statement, signed in front of a notary public, containing the assurances required by Act 169.
• Where to get it notarized: Most banks (free for customers), UPS Stores ($5–$15), many public libraries, and mobile notaries.
• Turnaround: Usually 10 minutes at the counter.
• District acceptance: Universal. Every PA district accepts a notarized affidavit without question.

If you are a first-year homeschool family, or if you are new to your district, this is the option we recommend without hesitation. It is the path with the least friction and the fewest phone calls in August.

The unsworn declaration: legal, but sometimes contested

• What it is: A written statement containing the same Act 169 assurances, signed under penalty of perjury, with the specific statutory language required by 42 Pa. C.S. § 5904.
• No notary required. You sign at your kitchen table.
• District acceptance: Variable. Some districts accept it without comment. Others push back and demand a notarized version, sometimes citing "district policy" (which does not override state law, but can still delay you).

The exact language matters

An unsworn declaration only works if it contains the statutory perjury language. In Pennsylvania, that language is roughly:

"I certify (or declare) under penalty of perjury under the laws of the Commonwealth of Pennsylvania that the foregoing is true and correct."

Without that clause, an unsigned or informally signed statement is not a valid unsworn declaration — it is just a piece of paper, and your district will (rightly) reject it.

Which one should you use in 2026?

Here is our honest, family-to-family recommendation:

• Use a notarized affidavit if: you are new to homeschooling, new to your district, your district has ever pushed back on paperwork, you want the fastest possible acknowledgment letter, or you simply do not want to spend August arguing with an assistant superintendent.
• Consider an unsworn declaration if: you are an experienced homeschool parent, you have a cooperative district that has accepted them before, you are comfortable politely citing the statute if challenged, and you truly cannot access a notary.

For 99% of PA homeschool families, the notarized affidavit is still the smoother path. Ten minutes at a bank saves you weeks of email chains.

Common mistakes to avoid

• Signing the affidavit before you get to the notary. The notary must witness your signature. Sign in the parking lot if you must — never at home.
• Using an unsworn declaration without the statutory perjury clause. Missing that one sentence turns your filing into an unsigned form.
• Filing after August 1. Until the affidavit is on file, your child is technically truant. Get it in early.
• Assuming last year's affidavit still counts. Act 169 requires a fresh filing every school year.
• Emailing a scanned copy without confirming your district accepts email. Call the district office in July and ask how they want it delivered.

What to do this week

1. Draft your affidavit (or generate it in Pennsole in about one minute).
2. Gather immunization records or your exemption letter.
3. Write your educational objectives for each required subject (or generate them in Pennsole).
4. Book a notary — a bank appointment or quick UPS stop on a weekday morning is easiest.
5. Mail certified with return receipt, or hand-deliver, before August 1.

Filing your first affidavit is one of those milestones that feels enormous the first time and completely routine by year three. Give yourself grace, do it early, and keep a copy for your records.

For a full walkthrough of the affidavit itself — line by line — see our 2026 PA Homeschool Affidavit Step-by-Step Guide.

This article is general guidance, not legal advice. Always confirm specifics with your district and the current text of Act 169.