Arizona Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only.
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Compulsory attendance
Children who are between the ages of 6 and 16 years of age
as of September 1. However, for children who have turned 6 before
September 1st and who are under 8 years of age as of September
1, parents may notify the County School Superintendent (CSS)
in writing that they don't wish to have their child in school
at this time. After age 8, parents need to follow the Homeschooling
law outlined below.
Currently the Arizona Homeschooling law
requires that:
- Every child between the ages of six and sixteen years shall
be provided instruction in at least the subjects of reading,
grammar, mathematics, social studies and science.
- The person who has custody of the child shall choose a public,
private or home school to provide instruction.
- An affidavit of intent shall be filed within thirty days
from the time the child begins to attend a home school and is
not required thereafter unless the home school instruction is
terminated and then resumed. The person who has custody of the
child shall notify the county school superintendent within thirty
days of the termination that the child is no longer being instructed
at a home school.
If the home school instruction is resumed, the person who
has custody of the child shall file another affidavit of intent
with the county school superintendent within thirty days.
- For the purposes of the above, "home school" means
a school conducted primarily by the parent, guardian or other
person who has custody of the child or instruction provided in
the child's home.
- Homeschoolers should within thirty days after the home instruction
begins, provide to the county school superintendent of the county
in which the child resides:
- A certified copy of the child's birth certificate, or other
reliable proof of the child's identity and age.
For further details regarding the current Arizona Homeschooling
Law consult Education Codes :
15-702, 15-745, 15-802, 15-802.01, 15-828, included on this page
or at your local library, or contact:
Maricopa County School Superintendent
301 W Jefferson #660
Phoenix, AZ 85003
602-506-3866
15-702
. High school equivalency diploma
A. Any person who is sixteen years of age or older and who
passes a general educational development test shall be awarded
an Arizona high school equivalency diploma by the state board
of education and the state superintendent of public instruction.
The state board of education may establish eligibility requirements
for persons wishing to take a general educational development
test, except that the minimum age required to take the test may
not be older than sixteen nor shall the board require the completion
of any high school credits.
B. A person who meets the minimum course of study and competency
requirements prescribed by the state board of education for graduation
from high school through a combination of high school credits
and community college and university credits, which are converted
to high school credits in the same manner as provided in section
15-701.01, subsection F by the governing board or the state board
of education, shall be awarded an Arizona high school equivalency
diploma.
15-745
. Children instructed at home; testing; prohibition
A. Nothing in this article shall be construed to require the
testing of children who are instructed in a home school program
while they are receiving home school instruction.
B. A child who enrolls in a kindergarten program or grades
one through twelve after receiving instruction in a home school
program shall be tested pursuant to this article in order to
determine the appropriate grade level for the educational placement
of the child.
15-802
. School instruction; exceptions; violations; classification;
definitions
A. Every child between the ages of six and sixteen years shall
attend a school and shall be provided instruction in at least
the subjects of reading, grammar, mathematics, social studies
and science. The person who has custody of the child shall choose
a public, private, charter or home school as defined in this
section to provide instruction.
B. The parent or person who has custody shall do the following:
1. If the child will attend a public, private or charter school,
enroll the child in and ensure that the child attends a public,
private or charter school for the full time school is in session.
If a child attends a school which is operated on a year-round
basis the child shall regularly attend during school sessions
that total not less than one hundred seventy-five school days
or two hundred school days, as applicable, or the equivalent
as approved by the superintendent of public instruction.
2. If the child will attend a private school or home school,
file an affidavit of intent with the county school superintendent
stating that the child is attending a regularly organized private
school or is being provided with instruction in a home school.
The affidavit of intent shall include:
(a) The child's name.
(b) The child's date of birth.
(c) The current address of the school the child is attending.
(d) The names, telephone numbers and addresses of the persons
who currently have custody of the child.
3. If the child will attend home school, the child has not
reached eight years of age by September 1 of the school year
and the person who has custody of the child does not desire to
begin home instruction until the child has reached eight years
of age, file an affidavit of intent pursuant to subsection B,
paragraph 2 stating that the person who has custody of the child
does not desire to begin home school instruction.
C. An affidavit of intent shall be filed within thirty days
from the time the child begins to attend a private school or
home school and is not required thereafter unless the private
school or the home school instruction is terminated and then
resumed. The person who has custody of the child shall notify
the county school superintendent within thirty days of the termination
that the child is no longer being instructed at a private school
or a home school. If the private school or home school instruction
is resumed, the person who has custody of the child shall file
another affidavit of intent with the county school superintendent
within thirty days.
D. A person is excused from the duties prescribed by subsection
A or B of this section if any of the following are shown to the
satisfaction of the school principal or the school principal's
designee:
1. The child is in such physical or mental condition that
instruction is inexpedient or impracticable.
2. The child has completed the high school course of study
necessary for completion of grade ten as prescribed by the state
board of education.
3. The child has presented reasons for nonattendance at a
public school which are satisfactory to the school principal
or the school principal's designee. For purposes of this paragraph,
the principal's designee may be the school district governing
board.
4. The child is over fourteen years of age and is, with the
consent of the person who has custody of him, employed at some
lawful wage earning occupation.
5. The child is enrolled in a work training, career education,
vocational or manual training program which meets the educational
standards established and approved by the department of education.
6. The child was either:
(a) Suspended and not directed to participate in an alternative
education program.
(b) Expelled from a public school as provided in article 3
of this chapter.
7. The child is enrolled in an education program provided
by a state educational or other institution.
E. Unless otherwise exempted in this section or section 15-803,
a parent of a child between six and sixteen years of age or a
person who has custody of a child, who does not provide instruction
in a home school and who fails to enroll or fails to ensure that
the child attends a public, private or charter school pursuant
to this section is guilty of a class 3 misdemeanor. A parent
who fails to comply with the duty to file an affidavit of intent
to provide instruction in a home school is guilty of a petty
offense.
F. For the purposes of this section:
1. "Home school" means a school conducted primarily
by the parent, guardian or other person who has custody of the
child or instruction provided in the child's home.
2. "Private school" means a nonpublic institution,
other than the child's home, where academic instruction is provided
for at least the same number of days and hours each year as a
public school.
Home school interscholastic activities
Section 1. Section 15-802.01, Arizona Revised Statutes, is
amended to read:
Children instructed at home; participation in interscholastic
activities
A. Notwithstanding any other law, a child who resides within
the attendance area of a public school and who is instructed
at home may be allowed to participate in interscholastic activities
on behalf of the public school. If a school declines to allow
children instructed at home to participate in an interscholastic
activity, the children instructed at home who reside within the
attendance area of the school may be allowed to participate in
the interscholastic activity on behalf of any other school. The
state board of education shall adopt rules prescribing procedures
for the participation of children instructed at home in interscholastic
activities, including, if necessary, requiring the child to take
a nationally standardized norm-referenced achievement test or
academic evaluation for verification of academic performance.
The rules adopted by the state board of education shall provide
that a child who is instructed at home and who was previously
enrolled in a school shall be ineligible to participate in interscholastic
activities on behalf of a different school for the remainder
of the school year during which the child was enrolled in a school.
1. A school district shall not contract with any private entity
that supervises interscholastic activities if the private entity
prohibits the participation of children instructed at home in
interscholastic activities .
APPROVED BY THE GOVERNOR APRIL 4, 1997.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 4, 1997.
1997 Arizona State Board of Education
Rules for home school participation in interscholastic
athletic competition
R7-2-810. Procedures for the participation of children
instructed at home in interscholastic activities
A. Definitions. The following definitions shall apply when
used in this rule:
1. "Children instructed at home" and "Student"
means children who are not enrolled full time in a public or
private educational institution and whose parent or guardian
has an Affidavit of Intent to Home School on file with the County
School Superintendent.
2. " Interscholastic activities" are all activities
involving more than one school which are of a competitive nature
and which are coordinated through and governed by an interscholastic
organization or association.
3. "Participate" means having been selected to represent
a school and taking part in an interscholastic activity as a
member of a team, squad of group which has been organized for
the purpose of interscholastic contests.
B. Opportunity to demonstrate skill and proficiency in an
interscholastic activity shall be afforded to students as a prerequisite
to acceptance onto a team, squad or group in a manner consistent
with that established for students enrolled in the school.
C. If chosen as a member of team, squad or group, the student
may participate in an interscholastic activity on behalf of a
public school within the attendance area where the student resides.
If a school declines to allow a student to participate in an
interscholastic activity, the student may be allowed to participate
in the interscholastic activity on behalf of any other school.
D. Eligibility.
1. If a student reaches the age of 15 on or before September
1 of the school year, the student shall not be eligible to participate
at the seventh and eighth grade levels.
2. If a student reaches the age of 19 on or before September
1 of the school year, the student shall not be eligible to participate
at the ninth through twelfth grade levels.
3. A student shall be required to earn a passing grade in
each course of subject in which the student is instructed and
maintain satisfactory progress toward advancement, promotion
or graduation.
E. Ineligibility.
1. When it is determined that a student has failed to meet
the requirements specified for eligibility, the student shall
be declared ineligible to participate and shall remain ineligible
until the requirements of eligibility are met.
2. If a student had been enrolled in a public school on a
full-time basis, the student shall not be eligible to participate
in interscholastic activities as a home schooled student until
an Affidavit of Intent to Home School has been filed with the
County School Superintendent and 30 days has elapsed since the
filing of the affidavit.
3. Students who were previously enrolled in a school shall
be ineligible to participate in interscholastic activities on
behalf of a different school to the remainder of the school year
during which the student was enrolled in a school.
F. At least every nine weeks, or more frequently as determined
by the school, and consistent with the policies established for
students enrolled in the school, the individual providing the
primary instruction of a student shall submit a notarized affidavit
which provides:
1. That the affidavit is being submitted under penalty of
perjury;
2. Whether the student is receiving a passing grade in each
course or subject being taught;
3. Whether the student is maintaining satisfactory progress
towards advancement or promotion.
G. School policies related to transportation, insurance, physical
condition, fee uniforms, practice requirements and event schedules
shall be consistent with policies established for students enrolled
in the school and shall be available to parents and guardians
upon request.
1. Students shall register and pay fees established by the
school for participation in interscholastic activities and meet
all qualifications, responsibilities and standards of behavior
and performance, including those related to demonstration of
skill and proficiency, practice requirements, physical prerequisites
and acceptance unto the team, squad or group. Registration, fees,
qualifications, responsibilities and standards of behavior and
performance for home schooled students shall be consistent with
the fees, qualifications, responsibilities and standards of behavior
and performance established for students enrolled in the school.
15-828
. Birth certificate; school records; exception
A. On enrollment of a pupil for the first time in a particular
school district or private school offering instruction to pupils
in any kindergarten programs or grades one through twelve, that
school or school district shall notify the person enrolling the
pupil in writing that within thirty days he must provide one
of the following:
1. A certified copy of the pupil's birth certificate.
2. Other reliable proof of the pupil's identity and age, including
the pupil's baptismal certificate, an application for a social
security number or original school registration records and an
affidavit explaining the inability to provide a copy of the birth
certificate.
3. A letter from the authorized representative of an agency
having custody of the pupil pursuant to title 8, chapter 2 certifying
that the pupil has been placed in the custody of the agency as
prescribed by law.
B. If a child is instructed at home pursuant to section
15-802, the person who has custody of the child shall, within
thirty days after the home instruction begins, provide to the
county school superintendent of the county in which the child
resides one of the following:
1. A certified copy of the child's birth certificate.
2. Other reliable proof of the child's identity and age, including
the child's baptismal certificate, an application for a social
security number or original school registration records and an
affidavit explaining the inability to provide a copy of the birth
certificate.
3. A letter from the authorized representative of an agency
having custody of the pupil pursuant to title 8, chapter 2 certifying
that the pupil has been placed in the custody of the agency as
prescribed by law.
C. On presentation of a document pursuant to this section,
a photocopy of the document shall be placed in the pupil's file
and the document that is presented shall be returned.
D. On the failure of a person enrolling a pupil or instructing
a child at home to comply with subsection A or B of this section,
the school, school district or county school superintendent shall
notify that person in writing that, unless he complies within
ten days, the case shall be referred to the local law enforcement
agency for investigation. If compliance is not obtained within
the ten day period, the school, school district or county school
superintendent shall refer the case to the local law enforcement
agency.
E. The school, school district or county school superintendent
shall immediately report to the local law enforcement agency
any affidavit received pursuant to this section which appears
inaccurate or suspicious in form or content.
F. Within five school days after enrolling a transfer pupil
from a private school or another school district, a school shall
request directly from the pupil's previous school a certified
copy of his record. The requesting school shall exercise due
diligence in obtaining the copy of the record requested. Notwithstanding
any financial debt owed by the pupil, any school requested to
forward a copy of a transferring pupil's record to the new school
shall comply and forward the record within five school days after
receipt of the request unless the record has been flagged pursuant
to section 15-829. If the record has been flagged, the requested
school shall not forward the copy and shall notify the local
law enforcement agency of the request. School districts shall
include in the educational records required by this subsection
data collected pursuant to section 15-741, as prescribed by the
state board of education.
G. Nothing in subsection D, E or F of this section shall authorize
the school district or the county school superintendent to disclose
to any person the pupil's educational records or any other information
directly related to the pupil without prior parental consent
unless the school district or the county school superintendent
makes a determination that disclosure of such records is necessary
to protect the health and safety of the pupil.
H. The provisions of this section do not apply to homeless
pupils as defined in section 15-824, subsection C.
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Arizona homeschooling information.
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