Arizona Laws and Regulations

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An overview of the homeschool laws and regulations of Arizona, along with links to legislative source information, additional reference materials and government resources on homeschooling.

Arizona Legislature Home Page

http://www.azleg.state.az.us/

Arizona 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:

  • . The child is in such physical or mental condition that instruction is inexpedient or impracticable.
  • The child has completed the high school course of study necessary for completion of grade ten as prescribed by the state board of education.
  • 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.
  • 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.
  • 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.
  • . 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.
  • 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

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:

  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 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 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.:

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