Carrying Homeschool Freedom Forward (part 2 of 4)

Despite legislative successes and increased recognition of homeschooling as a valid education option, there have been many attempts by the public school system to motivate homeschool parents to enroll their children in home-based education options that are operated and funded by the government.³ AFHE has warned homeschool parents about these models which mimic the “at-home” aspect of home education but are not the same as the distinct, maximum-freedom option of homeschooling.

Some of these programs over the years have been:

● Arizona Virtual Academy (AZVA) – an online public school introduced in 2004. AZVA mandates the curriculum and school calendar and specifies the number of hours a student must be logged on; content is governed by the state’s educational standards. Parents of homeschool children must rescind their homeschool affidavit to enroll in AZVA.

● IDEA Arizona – a program imported in 2003 from a school district in Alaska. Under this program the financially-struggling Tombstone school district enrolled students from anywhere in the state to claim an increased allotment of funding, and then directed a portion of the funds to enrolled families to spend on pre-approved educational expenses. In addition to enrolling their child in a different school district than their assigned district, parents had to agree to a set of accountability measures including expense reports, development of lesson plans for district approval, two types of standardized testing, and student achievement in “core competencies.”

● Vail Microschool – an expansion of the Arizona Online Instruction (AOI) program that provided a physical drop-in location at a facility in the Vail district. Although it was billed as a “homeschool program,” students were enrolled by the district using standard enrollment forms, the program kept track of minutes logged on or onsite, and participating students could not be exempted from the district’s mandatory testing. Program administrators were unsure about its impact on a student’s legal education category under state statute.

Why have these models warranted warnings from AFHE? Parents need to be aware that by enrolling a child in a home-based public option the child is regarded by the state as a public school student for the purpose of tracking compulsory education, and is likely to be subject to requirements that do not apply to homeschoolers. Additionally, there is an untested legal line between statutorily defined homeschooling and a variety of undefined education models involving taxpayer funding. As parents evaluate Arizona's many options, they deserve to clearly understand the impacts of their choice and the significant differences that exist.

In the years since 1982, when Democrat Governor Bruce Babbitt signed the bill that clarified the status of home schools in Arizona, home schooling became much better understood and accepted. A majority of both Republican and Democrat legislators had, in general, become supporters of home school freedom.

Let’s look at SB1152, a bipartisan 2011 bill written to clearly distinguish homeschooling as a unique education option in Arizona. In fact, SB1152 was co-sponsored by Rep. Nancy Barto (R), Rep. Doris Goodale (R), Sen. Rich Crandall (R), and Sen. Kyrsten Sinema (D). This level of understanding and broad support was largely won by consistent messaging and diligent lobbying by AFHE’s legislative liaisons and advisors (all volunteers). SB1152 passed in both legislative houses nearly unanimously before being signed into law by Governor Jan Brewer (R).

With the passage of this Senate bill in 2011, the term “nonpublic” was added in two places in the definition of this educational category, and “home school” became “homeschool.” This definition, found in ARS §15.802(G)(2), now reads:

"Homeschool" means a nonpublic school conducted primarily by the parent, guardian or other person who has custody of the child or nonpublic instruction provided in the child's home.⁴

The purpose of this bill was explained in AFHE’s quarterly magazine at the time, Arizona Home Education Journal:

As expressed by the AFHE lobbyist who worked on this bill, the word “nonpublic” (which was already part of the definition of a private school) was added to the homeschool definition via SB1152 because “nonpublic” was understood by Arizona’s lawmakers to indicate that it was privately funded and also separate from public school instruction that takes place in the home. The intent of the legislature at the time of this bill’s passage controls our current interpretation of its meaning. By enacting this updated definition, they resoundingly acknowledged that a “homeschool” is independent from the public education system. The definition, and thus the homeschool educational category, has remained strong. 

By 2011 when SB1152 was passed, homeschool advocates had become known at the state capitol as “those folks who don’t ask for money.” Usually when a lawmaker seeks to create a program to “help” homeschoolers, he or she hears AFHE’s friendly, “No, thank you,” in response. This perspective is not unique to Arizona. Historically, the homeschool movement nationwide has been unified by the priority of achieving independence and freedom from government systems, not seeking taxpayer support or the obligations that it would entail.

Cultural observers are well aware of this feature of homeschool advocacy. Tax reform advocate Grover Norquist wrote in 2008: “Today homeschoolers are 1 or 2 percent of the population. They punch above their weight class, as they have been toughened up by defeating the teachers unions’ efforts to criminalize homeschooling. Now an organized force, homeschoolers do not ask for anything from the government. . . . They simply wish to be left alone.”⁶

AFHE has a duty to protect homeschooling and homeschool freedom. One aspect of this duty is communicating the differences between homeschooling and other home-based education options. Another aspect is guiding the usage of the term "homeschool" when legal terminology is important. Additionally, when proposed legislation would blur the lines between homeschool and other educational categories, AFHE seeks to keep those categories separate. It is vital that homeschooling continues as a distinct, easily recognizable, independent form of education. If it becomes difficult to tell what is a homeschool and what is not, homeschooling in Arizona will be jeopardized. As we have seen, a primary element of what constitutes a “homeschool” in Arizona is its source of funding: a homeschool is privately funded.

The next article in this series will discuss whether or not homeschooling is at risk.

Articles in this series:
Part 1: AFHE's Mission and History
Part 2: Homeschool is Distinct
Part 3: Is Homeschooling at Risk?
Part 4: Maintaining Freedom Requires Clear Boundaries

ENDNOTES
[3] Cardiff, C. (1998, March 1). The seduction of homeschooling families. FEE Freeman Article.
https://fee.org/articles/the-seduction-of-homeschooling-families/

[4] A.R.S. section 15-802(G)(2).
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/15/00802.htm

[5] Shippy, C. (2011). Legislative Update. Arizona Home Education Journal, 11(2), 11.

[6] Norquist, G. (2008). Homeschoolers. In Leave Us Alone: Getting the Government’s Hands Off Our Money, Our Guns, Our Lives (p. 11). HarperCollins.

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