During this past legislative session, AFHE’s Government Affairs team sifted through a record-breaking 2,190 bills, memorials, and resolutions, keeping diligent watch for any bills that may have a direct or indirect impact on homeschool independence and freedom in Arizona. The Second Regular Session of the Fifty-Seventh Legislature adjourned after 153 days, running this year from January 12 through June 13. Currently, the House is composed of 33 Republicans and 27 Democrats, while in the Senate, Republicans hold 17 seats and Democrats hold 13 seats. We are thankful to report that AFHE has a long history of bipartisan support at the Capitol.
Each session, we identify bills that should be diligently tracked, and some of those require our active involvement. When we find bills that are concerning, our process always begins in conversations behind the scenes that are based on reason and respect. We talk with bill sponsors and stakeholders, discuss unintended consequences, and work towards an accommodating amendment if possible. We may speak with committee chairpersons, other legislators, legislative council, and more. And when necessary, we log a position in the Request-To-Speak system and testify in committees. We did nearly each of these during this legislative session.
Before diving into the details of the session in Arizona, it is important to note that attempts are being made to roll back homeschool freedoms like never before, both across the nation and internationally.
The greatest setback in modern times in the United States just happened in May, when the Connecticut governor signed into law a highly controversial bill that shifts Connecticut from one of the freest states to one with some of the highest and most burdensome homeschool regulations. Families withdrawing a child from public school to homeschool in Connecticut will be required to register in person as well as to file intent forms annually. The law will require criminal background checks for parents and all adults in the household, as well as requiring each adult to pass a child abuse and neglect registry check through the Department of Children and Families. ALL parents are targeted and treated as guilty until proven innocent, requiring clearance to educate their own children in their own homes. Advocacy groups, including HSLDA, are legally pursuing whether or not this law is constitutional.
West Virginia homeschool families were able to stave off similar legislative attempts throughout a challenging legislative session. And New Jersey currently has active bills that would add significant regulations, including state and local oversight, evaluation of homeschool students, and requirements to meet annually with public school officials for health and wellness checks.
In Brazil, a mother and father have been criminally convicted for homeschooling and have been sentenced to 50 days in prison after a judge ruled their curriculum did not include the required state-approved content on gender, sexuality, and cultural diversity. The judge also found the children’s musical tastes to be proof of cultural neglect. The 11- and 15-year-old girls are both multi-lingual and accomplished pianists, preferring classical and sacred music over mainstream music. The ruling came even after an independent evaluator determined the girls were thriving socially and academically. An appeal is forthcoming.
We must be diligent and watchful as this resurgence of opposition gains momentum.
In Arizona, families have many educational options. Parents have the right and are the most qualified to determine the educational path that best meets their children’s needs. One option is “homeschool,” a distinct educational classification defined in Arizona statute. It is separate from all other at-home education options, including ESA-funded at-home programs and private, public, and charter online or at-home programs.
For nearly half a century, and across the nation, the modern homeschool movement has been built on three core values: parent-led, home-based, and privately funded. In Arizona, homeschool families deeply value independence from the government system, do not receive taxpayer funding, and have been consistently known at the capitol as ‘the folks who don’t want money.’
There are two important things to share with you regarding this year’s legislative session.
First, the Empowerment Scholarship Account continues to be a high target at the legislature. We have watched the tremendous amount of pressure being exerted on ESA families, school choice organizations, and the legislature to regulate and add restrictions to the program. In the four years since the universal ESA expansion, there have been over 80 bills to regulate or end the ESA. We watch those bills, as they can at times directly or indirectly impact homeschool statutes, and we lobby any that do. This legislative session concluded with a flurry of activity surrounding this program, including multiple ballot initiative attempts. Separately, another ballot initiative may ultimately place the future of the ESA program before voters in November. It is important to note that this particular initiative would grant government agencies authority to oversee or supervise those who receive ESA funding.
The second point to highlight about this legislative session has significant implications for families who rely on Arizona continuing to have an independent education option that is free of taxpayer funding.
This year, an out-of-state special interest group sought to establish a refundable tax credit as another form of taxpayer funding for education in Arizona. A refundable tax credit is designed not only to offset taxes owed but also to issue a payment when the value of the credit exceeds the taxpayer’s tax responsibility. Rather than taking the form of conventional education legislation, this bill created a new provision in the tax code, with oversight and administration by the Department of Revenue in consultation with the Department of Education.
The bill excluded taxpayers using all education options except two: those who have a homeschool affidavit, and those who pay privately for private schools.
Why would AFHE oppose this legislation? Here are a few reasons:
First, every Arizona parent already has the opportunity to choose from multiple taxpayer-funded educational options. Homeschool is the only option where parents can forgo funding and remain independent from the government system.
Second, any tax credit that is directed at homeschool families will make the homeschool education classification a magnet for attempts at regulation and oversight, especially in the current political landscape. And because in statute and in policy students are regarded collectively within their classification, not individually, simply choosing not to take the tax credit will not suffice to shield a family from future regulations related to this tax credit.
Third, the bill’s official fiscal impact was estimated in the hundreds of millions of dollars, making it certain to draw the attention of government leaders and those focused on school funding. Taxpayer funding demands regulatory control. Threats to independence would surely follow.
We worked with the sponsor of the bill and the originating organization in an attempt to come to a satisfactory amendment to maintain the independence of homeschools. However, the bill moved forward unamended. I testified in committee, and we continued to share our position with legislators in both the House and the Senate as well as with stakeholders. We are gratified to report that the bill did not progress out of its originating chamber and was not revived throughout the remainder of the session.
We are regularly told if other education categories become more restrictive, families expect to continue to have a strong, privately funded homeschool category available to them. What we do legislatively for homeschool families is of benefit to all Arizona families. An Arizona where every education option is funded by a single source will, over time, lead to an Arizona with one educational choice: the government-controlled one.
Our ability to maintain educational independence is under increasing pressure. The freedoms homeschool families have today did not come easily. These freedoms have been hard-won, by moms and dads like you and me, by parents who used to face criminal charges and jail time. And by the volunteer homeschool parents who have served as AFHE lobbyists to protect and expand those freedoms. This independence did not come easily, nor will it be retained easily.
AFHE continues to assert that parents are best equipped to determine how to educate their children. Arizona families have many options. We remain committed to preserving the independent homeschool classification in Arizona that allows the most freedom for parents to educate their children.
Regardless of the education choice you have made, it is important to support an independent homeschool option that is parent-led, home-based, and privately funded.
What can you do? Pray for the AFHE Board and the Government Affairs Team as we serve the community and uphold this long-standing mission. Please consider supporting this effort by becoming a member, through a financial contribution, and by volunteering your time. Find out more by clicking on Membership, Donate, and Volunteers.
Michelle Jibben, AFHE Director of Government Affairs
