If you're currently homeschooling your child in Arizona, or are considering doing so, you want to make sure you follow the laws that apply to homeschoolers in that state. You may also be curious about what rights you and your child have as homeschoolers. Fortunately, Arizona is one of the most liberal states when it comes to regulating homeschoolers, and compared to some other states, there are relatively few obligations and restrictions that apply to homeschoolers. That's not to say that there aren't any, which is why it's important to understand your obligations – and your rights – as a homeschooler. The Lento Law Firm Student Defense Team can help you understand Arizona's legal requirements for homeschoolers and can help you enforce your child's rights when your local school fails to do so. Call us today at 888.535.3686 or set up a confidential consultation with one of our experienced student defense attorneys to learn more about how we can help.
Who Can Homeschool in Arizona?
Arizona does not have any requirements that apply to the person who is teaching a homeschooled child. This means that a homeschooled child is free to be taught by parents, siblings, grandparents, hired tutors, or through online schooling services. This level of flexibility means that parents can draw on a wide range of resources to help them educate their homeschooled child.
There is a one-time notification requirement that parents need to follow. The parent must file an “affidavit of intent” with their county's school superintendent. The affidavit must state that their child will be “provided with instruction in a homeschool.” It must also include the child's name and birthdate, the current address of the school that the child is attending, and the names, phone numbers, and addresses of those who have legal custody of the child. The affidavit of intent must be filed with the superintendent within 30 days of when the child begins to be homeschooled. It does not need to be renewed unless, at some point, the child's homeschooling ends and the child is enrolled in a private or public school and then returns to homeschooling.
If the child enrolls in a public or private school, the parent must notify the county superintendent of schools that the child has been enrolled and is no longer being homeschooled.
While Arizona law requires children aged six through sixteen to “attend a school,” a parent who wants to wait until their child turns eight to begin homeschooling can do so. They need to file an affidavit of intent when the child is six that states that the parent does not want to begin their child's homeschooling.
What Subjects Must Homeschoolers Teach in Arizona?
Arizona requires all students – including homeschooled students – to be taught “reading, grammar, mathematics, social studies and science.” Beyond that, Arizona has no specific requirements as to what needs to be taught at each grade level. While this provides parents with a substantial amount of freedom when it comes to instructing their children, it also makes the parents responsible for ensuring that their child receives an adequate education. If the homeschooled child ever leaves the homeschool setting and is enrolled in a public or private school, the school is likely to evaluate the child to determine what the child's grade will be.
What Records Must Homeschoolers Keep in Arizona?
Here too, Arizona has no requirements telling parents what records they need to keep of the topics their child has learned in the homeschool setting, what the child's educational progress has been (either through testing or homework grading), or even what grade level (or equivalent) the child has achieved.
While the state's lack of regulation may seem liberating, there are several good reasons for keeping some kind of records that track your child's educational progress.
First, if your child ever enrolls in a “regular” school – public or private – that school will most likely evaluate your child to determine what their grade should be. Having detailed information about what your child has learned and how they've performed in the homeschool setting can help the school with that evaluation, particularly if your child happens to have a bad day and doesn't do well on the school's evaluation tests. Being able to show the school that your child has performed well at home can make the difference between a higher and a lower grade level placement.
Second, colleges considering your child's application may ask to see their homeschool records as part of the admissions evaluation process. This will vary considerably from one school to another, but there is no harm in having detailed records of what your child has learned and how they've performed if the school asks for that information.
Finally, because Arizona does have legal requirement that children be educated through at least age 16, being able to show records of that education can help if you are every accused of allowing your child to avoid schooling. Parents who fail to educate their child can be convicted of a class 3 misdemeanor, with a potential penalty of up to 30 days in jail.
If you have been accused of allowing your homeschooled child to avoid Arizona's compulsory education law, contact the Lento Law Firm Student Defense Team for help. We will help you protect your right to homeschool your child and defend you against truancy-related allegations.
Must My Homeschooled Child be Immunized?
Arizona's immunization requirements apply only to children who are enrolled in school. Homeschooled children do not need to be immunized, and do not need to request any exemption from the state's immunization requirements.
Keep in mind, however, that if your child ever enrolls in a public or private school in Arizona, they will need to meet the state's immunization requirements. This can also affect their ability to participate in extracurricular activities at their local school.
Exemptions to the state's vaccination requirement are available. Arizona allows parents of children enrolled in school to file either a “Personal Beliefs Exemption Form” or a “Religious Beliefs Exemption Form” in cases where vaccination is against the parent's personal or religious beliefs. Medical exemptions are also available and must be supported by the child's physician or nurse practitioner.
What Standardized Tests are Homeschooled Students Required to Take in Arizona?
While students enrolled in Arizona public or private schools are required to take certain standardized tests, that requirement does not apply to homeschooled students, who are exempt from the state's standardized testing program. There is no provision in Arizona that allows a homeschooled child to “opt-in” to the state's required standardized tests. Parents who wish to have their homeschooled child take standardized tests must find their own testing provider.
Does Arizona Require the Use of Certain Textbooks for Homeschooled Children?
Beyond requiring instruction in reading, grammar, mathematics, social studies, and science, Arizona has no requirements as to what textbooks or curriculum homeschoolers should use when educating their children. This provides parents with a substantial amount of freedom when deciding what textbooks to use, or whether to use textbooks at all.
Are Homeschooled Students Eligible for Special Education Benefits in Arizona?
Special education benefits for students with special needs (called “Exceptional Students” in Arizona) are available but are more limited than the benefits that exceptional students enrolled in public schools receive. The state treats homeschooled exceptional students the same way it treats those enrolled in private schools. Under federal law, this means that homeschooled students do not have a right to receive the same level of special education services the child would receive if they were enrolled in public school. They may receive limited services based on funds that are available under the “proportionate share and equitable service” provisions of the Individuals with Disabilities Education Act, but in almost all cases, those services will be significantly less than what they would receive in the public school setting.
The Lento Law Firm Student Defense Team can help you if you are the parent of an exceptional student in Arizona and have questions about your child's right to receive special education services in the homeschool setting. Our attorneys have experience helping parents secure the educational benefits that their special needs students are entitled to under federal and state law.
Are Homeschooled Students Eligible for Empowerment Scholarship Account Benefits in Arizona?
Arizona's generous Empowerment Scholarship Account (ESA) benefits are available to homeschooled students. ESAs can provide thousands of dollars each year in benefits that homeschool parents can use to help educate their children. The funds must be used for “any reasonable education-related expenses,” and parents must provide detailed invoices showing how they have used the funds in their child's Empowerment Scholarship account. If funds are used for inappropriate purposes, the parent will be required to repay them, and the account may be frozen until that has been done.
The Lento Law Firm Student Defense Team can advise you about your rights to open an ESA on behalf of your homeschooled child, and can help if the Department of Education challenges your use of those funds or accuses you of using them fraudulently. Because the ESA program requirements and benefits may change over time, it's important to make sure you are up to date on what benefits your child may be entitled to and how to properly take advantage of them.
Do Homeschooled Students Have a Right to Take Any Classes at the Public School?
Arizona does not specifically allow homeschooled students to attend classes on a part-time basis at a public school. While individual schools might permit this, there is no statewide requirement for them to do so. Parents who may want their child to take some classes at the local public school should check with the school to see if it's allowed. If the parent is receiving ESA funds for their homeschooled child, it is likely to be very difficult to enroll the child in any part-time classes in a public school because the money that is dispensed to ESA accounts reduces the amount that is available for public schools.
Can Homeschooled Students Participate in Interscholastic Athletics in Arizona?
Arizona specifically gives homeschooled students the right to participate in interscholastic sports at the high school level. Students have the right to try out for and, if they make the team, compete at the school that's located in their attendance area. Homeschooled students must provide a “written verification” from whoever their “primary” instructor is that they are “receiving a passing grade in each course or subject being taught” and that they are “maintaining satisfactory progress towards advancement or promotion.”
There are eligibility limitations that apply to homeschooled students in the same way that they apply to enrolled students; for example, a student who moves to homeschool during the school year from a public, private, or charter school won't be allowed to compete during the remainder of that school year.
If your local public school is refusing to allow your homeschooled child to try out for interscholastic sports, the Lento Law Firm Student Defense Team can help you assert and protect your child's rights. We have helped high school students across the country, including in Arizona, with sports eligibility issues and are ready to help your child with theirs.
Can a Homeschooled Student Participate in Other Extracurricular Activities in Arizona?
Arizona law does not specifically give homeschooled students the right to participate in any extracurricular activities other than “interscholastic activities.” But because the Arizona Interscholastic Association (AIA) is responsible for not only interscholastic sports, but also for a number of “non-sport” activities, this means your student may be able to participate in AIA activities such as chess, esports, robotics, speech, and debate, spiritlines, and theater, provided they are available at your child's local school.
Here too, if your child's local school is refusing to permit them to join in any of the interscholastic activities offered at that school, the Lento Law Firm Student Defense Team can help you protect your student's rights under Arizona law.
Are Homeschooled Students Eligible for Work Permits in Arizona?
Arizona, unlike many other states, does not have a work permit system for minors. There are restrictions on the number of hours and times when youths under the age of 16 can work, though some of these restrictions only apply to students who are “enrolled in school.” If your homeschooled child is having problems securing work because of requirements that may not apply to them, the Lento Law Firm Student Defense Team can help clarify the situation for their employer or potential employer.
The Lento Law Firm Student Defense Team Can Help You With Your Arizona Homeschooling Questions
As a parent who cares enough about your child's education to take responsibility for it by homeschooling your child, you want to make sure your child receives all of the benefits they're entitled to under Arizona law. Fortunately, Arizona is one of the most liberal states in the country when it comes to homeschooling requirements. That doesn't mean that you won't encounter problems along the way with school administrators or government officials who may not understand what your child's rights are. When that happens, the Lento Law Firm Student Defense Team is here to help.
Our experienced student defense attorneys understand what your child's rights are as a homeschooled student in Arizona. We have years of experience helping students across the US, including in Arizona, protect their rights, and we're available and ready to help you and your child, too. Call us today at 888.535.3686 or use our contact form to schedule a consultation with one of our student defense attorneys. We are here to help you protect your child's future.
