Arizona State Regulation of Private and Home Schools

Information last updated: November 1st, 2017

Private Schools

A "private school" is defined as “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.” Arizona Revised Statues (Ariz. Rev. Stat.) §15-802(G)(3).
Arizona Revised Statute Title 15 gives no authority for the Arizona State Board of Education to have control or supervision over private schools. Ariz. Rev. Stat. §15-161.

Accreditation, Registration, Licensing, and Approval

Accreditation: no requirements
Registration: no requirements
Licensing: no requirements
Approval: no requirements

Teacher Certification

No state policy currently exists.

Length of School Year and Days

To comply with the Arizona compulsory school attendance statute, private school students must attend school for the full time school is in session in the local school district. Ariz. Rev. Stat. §15-802(B)(1). .

Curriculum

Students between ages six and 16 must receive instruction in reading, grammar, mathematics, social studies, and science, at a minimum. Ariz. Rev. Stat. §15-802(A).
provide the student with a list that indicates which credits the school district accepts and denies. The student is allowed to take an examination in each course denied credit. If the student earns a passing score on a test designated by the school district and evaluated by a teacher in that district, the student will receive credit for the course. The governing board of the school district may prescribe requirements for accepting credits of pupils who transfer from a private school. Ariz. Rev. Stat. §15-701.01(G).

Recordkeeping and Reports

When a pupil enrolls in a private school, it must maintain a copy in the pupil’s file of a document providing reliable proof of her or his identity and age, e.g. a birth certificate or baptismal certificate. Any inaccurate or suspicious affidavit must be reported to the local law enforcement agency. Ariz. Rev. Stat. §15-828(A),(C), and (F).
Within five school days after enrolling a transfer student from a private school or another school district, a school must request directly from the pupil's previous school a certified copy of the transcript with “due diligence.” Any school asked to forward a copy of a student’s record must do so within 10 days unless financial debt is owed or the record has been flagged pursuant to Ariz. Rev. Stat. §15-829 referencing a missing child reported by a parent or guardian. If the record is flagged, the requested school must notify the local law enforcement agency of the request and not forward the copy of the record. Ariz. Rev. Stat. §15-828(G).
Parents enrolling students in private schools must file an affidavit with the county superintendent stating that the student is attending a regularly organized private school; the name and date of birth of the child; the names, phone numbers, and addresses of the parents or guardians; and the name and address of the school that the child is attending. Ariz. Rev. Stat. §15-802(B)(2).
Before Jan. 15 each year, the superintendent of public instruction must make an annual report to the governor and state legislature with information including the number of children attending private schools. Ariz. Rev. Stat. §15-255.

Health and Safety Requirements

Children are not allowed to attend school without submitting documentary proof of immunization to the school administrator, unless they are exempt under Ariz. Rev. Stat. §15-873, or in the process of immunization. Ariz. Rev. Stat. §15-872(B).
The fire marshal is responsible for establishing programs for inspecting private schools for fire safety and evacuating school buildings and instructing students in private schools on the importance of fire preventions and control. Ariz. Rev. Stat. §§41-2165 and 2163(A)(4)
Arizona requires students, teachers, and visitors in private schools to use protective eyewear while participating in or observing certain educational activities in vocational, technical and industrial arts, art, or laboratory science. Private and parochial schools must equip their schools with the appropriate protective eyewear. Ariz. Rev. Stat. §15-151.
Arizona places additional criminal penalties on persons convicted of selling illegal drugs in a drug-free school zone. The administrative officer of a nonpublic school must place and maintain signs identifying the school and its grounds as a drug-free school zone. Illegal drug transactions observed by school personnel must be reported. School records of alleged student violations must be made available to the peace officer upon written request. Ariz. Rev. Stat. §13-3411.

Transportation

No state policy currently exists.

Textbooks

No state policy currently exists.

Testing

No state policy currently exists.

Special Education

School districts or county school superintendents may contract with private schools to provide education and related services for public school students with disabilities. Ariz. Rev. Stat. §15-765(D).
Arizona provides special education residential vouchers for special education students publicly placed in private special education facilities providing 24-hour residential care. Private schools accepting vouchers may not discriminate on the basis of race, religion, creed, color, national origin, or disability. Ariz. Rev. Stat. §15-1184.

Nursing and Health

Private schools may participate in school meal programs offered by the state and through federal assistance programs. Ariz. Rev. Stat. §15-1151.

Technology

No state policy currently exists.

Professional Development

No state policy currently exists.

Reimbursement for Performing State and Local Functions

No state policy currently exists.

Tax Exemption

No tax may be laid or appropriation of public money made in aid of any private or sectarian school. Arizona Constitution, Art. 9, Sec. 10.
“Property of educational, charitable, and religious associations or institutions not used or held for profit may be exempt from taxation by law.” Arizona Constitution, Art. 9, Sec. 2.

Public Aid for Private Education

Constitutional Provisions: No public money or property may be appropriated for or applied to any religious instruction or in support of any religious establishment. Arizona Constitution, Art. 2, Sec. 12. The state school fund may be apportioned only for public education. Arizona Constitution, Art. 11, Sec. 8.
Programs for Financial Assistance for Attendance at Private Schools: No such programs currently exist.
1. Individual School Tuition Organization Tax Credit was enacted in 1997 and implemented in 1998. This program provides tax credits to individual taxpayers for contributions made to school tuition organizations (STOs). An STO is defined as a 501(c)(3) organization that "allocates at least 90 percent of its annual revenue for education scholarships or tuition grants to children" to allow them to attend the school of their choice, including private and/or parochial schools. The amount of the credit is equal to the amount contributed, with a maximum credit of $500 to a single taxpayer and $1,000 for a married couple filing jointly. Contributors cannot designate who will receive the money though a scholarship. STOs determine the amount of the scholarship and student eligibility. Ariz. Rev. Stat. §§43-1089; and 1601 through 1605. This program’s constitutionality was upheld by the Arizona Supreme Court in Kotterman v. Killian (1999).
2. Corporate School Tuition Organization Tax Credit became law in 2006 and allows corporations to receive a tax credit for contributing to a school tuition organization. The amount of the credit is equal to the amount contributed. The maximum aggregate amount of tax credits is $10 million, which increases by 20 percent annually. Tax credits are awarded on a first-come, first-served basis. In 2006, the scholarships had maximum limits of $4,200 and $5,500 for students in grades K–8 and 9–12, respectively. The maximum limits increase $100 each year, with maximum limits in 2016 of $5,100 and $6,400 for students in grades K–8 and 9–12 in 2016, respectively A student is eligible if his or her family’s income does not exceed 185 percent of the income limit required for students to qualify for the federal free or reduced-price lunch program. Ariz. Rev. Stat. §§43-1183; and 1501 through 1507.
3. Empowerment Scholarship Account Program (ESA) became law in 2011. These educational savings account funds provide for qualified students to access an education that must, at minimum, include reading, grammar, mathematics, social studies, and science. A student is eligible if he or she meets one of the following criteria: (1) attended a “D” or “F” letter-grade school or school district, (2)was adopted from the state’s foster care system, (3) is already an Empowerment Scholarship Account recipient, (4) lives on a Native American reservation, 5) has a disability, 6) has a parent or guardian who is a member of the United States armed forces and is in active duty or was killed in active duty, or (7) is a sibling of a current or previous ESA recipient. Students eligible to attend kindergarten are also eligible provided they meet one of the above criteria. Children of active-duty members of the military or whose parents were killed in the line of duty are not required to attend a public school prior to applying for an ESA. Finally, preschool children with special needs are also eligible and are not required to have attended a public preschool program prior to applying. An eligible student receives a scholarship account into which the state deposits 90 percent of the student’s funding level as determined by the school finance formula. Parents draw on the funds for private school and related expenses. Participating schools must be nongovernmental K–12 schools or preschools for handicapped students and must not discriminate on the basis of race, color, or national origin. Ariz. Rev. Stat. §§15-2401─2402.
4. The (STO) became law in 2012. The program allows individuals to receive tax credits for contributions beyond the Individual School Tuition Organization Tax Credit. Starting in 2012, the maximum contribution to a STO was limited to $500 for an individual and $1,000 for a married couple filing jointly. The limit is adjusted each year based on the United States metropolitan phoenix consumer price list. The STO must give priority to students and siblings of students on a waiting list if one is maintained. Ariz. Rev. Stat. §§43-1809.03; and 1601 through 1605.

Nonpublic School Advisory Committee

No state policy currently exists.

Home Schools

A "home school" is defined as “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.” Ariz. Rev. Stat. §15-802(G)(2).

Initial and Renewal Applications

Parents or guardians are required to complete, notarize, and file an affidavit of home schooling with the county school superintendent in the county in which they live within 30 days of beginning to homeschool their child. If a child returns to a public school, the parent is again obligated to report this change of placement to the county school superintendent within 30 days. Ariz. Rev. Stat. §15-802.
The parent must also submit to the county school superintendent within 30 days of the start of home instruction at least one of the following: a birth certificate, reliable proof of the child’s identity and age, or a letter from the authorized agency with custody of the child. Ariz. Rev. Stat. §15-828(B).
If the parent does not comply with the notification requirements, then the school, school district, or county school superintendent will notify the parents in writing, and if the parent does not comply within 10 days, the case will be referred to the local law enforcement agency for investigation. Ariz. Rev. Stat. §15-828(E).

Curriculum and Instruction

Instruction occurs for students between the ages of six and 16. Ariz. Rev. Stat. §15-802
Home-school instruction at minimum includes reading, grammar, math, social studies, and science. Ariz. Rev. Stat. §15-802(A).

Assessment and Diplomas

Home-schooled students are not subject to statewide assessments while they are receiving home-school instruction. Ariz. Rev. Stat. §15-745.

Special Education

If a school district or charter school receives federal funding for special education service, the funding recipient must provide services to homes-school students and private school students in the same manner. Home-school students are considered private school students in this case. Ariz. Rev. Stat. §15-763.

Public School Access

Home-instructed students are allowed to participate in the public schools’ interscholastic activities for the attendance area where they reside with written verification from the primary instructor that the student is passing all of his or her courses and making satisfactory progress towards advancement. Ariz. Rev. Stat. §15-802.01.
A school district may not contract with a private entity that supervises interscholastic activities if the entity prohibits the involvement of home-schooled students. Ariz. Rev. Stat. §15-802.01.

Web Resources

Information and Legislative

Contact Information — State and Federal Departments of Education

Arizona Department of Education
1535 West Jefferson Street
Phoenix, AZ 85007
Phone: 602-542-5393
Toll-Free: 800-352-4558
Fax: 602-542-5440
Website: http://www.ade.az.gov/
U.S. Department of Education, Arizona

Updated November 1st 2017