Arizona State Legislature
Arizona Home Schooling
Compulsory School Age
Children who are between the ages of 6 and 16
years of age as of September 1.
Arizona 15-745 Children instructed at home; testing;
prohibition
Arizona statutes require that every child of school age
be taught 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 to provide that instruction. For a home
school, as defined in the statute, parents need to file an
affidavit of intent with the county school superintendent
stating that the child is being provided with instruction in
a home school and including the child's name, date of birth,
current address of the school the child is attending, and
names, telephone numbers and addresses of the persons who
currently have custody of the child.
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.
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
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 The following:
- A certified copy of the pupil's birth certificate.:
- 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.:
- 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 The following::
- A certified copy of the child's birth certificate.:
- 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.:
- 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 previou
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.:
