Carrying Homeschool Freedom Forward (part 4 of 4)

A firewall is a barrier that separates and protects one space or entity from a neighboring entity. There are literal and figurative firewalls, physical and digital, financial and legal. A multifaceted firewall currently exists between homeschool and the empowerment scholarship account, found in each option’s set of distinguishing features.

Families in Arizona value our state's many educational options, and they deserve to have a clear view of what each option involves. Understanding some of the background of the original ESA statute and knowing how homeschool freedom has developed over time helps us gain an understanding of these different educational categories.

● In the statute controlling compulsory education, the legal options for compliance are listed. “Homeschool” is one way to satisfy this legal requirement, while “shall sign a contract to participate in an Arizona empowerment scholarship account” is listed as a separate way. Placing the word "or" before "shall sign a contract" was a critical part of AFHE's lobby to clearly set the ESA apart as a separate educational option.¹⁶ “Or” shows that ESA is not a type of homeschool.

● The legal documentation required for these two options is very different.

• Homeschool parents file the affidavit of intent with their county superintendent only once¹⁷ and it remains in effect until it is withdrawn at the parent’s direction or when the student exceeds the compulsory education age of 16.
• Parents who educate at home using the ESA will sign a contract with the state, which satisfies the compulsory education requirement, and must renew their contract annually.¹⁸
• Parents who use the ESA program are required not to file the homeschool affidavit¹⁹ and are expected to withdraw an affidavit that is already on file.²⁰

● ESA contracts govern the disbursement of public funds for educational purposes, and expenditures must be approved by the Arizona Department of Education. In contrast, homeschool parents are not in a contract with the state, are not publicly funded, and are not subject to approval of any type.

● Statutes that govern the ESA program are located in their own section of Title 15 of the Arizona Revised Statutes. This means changes made in the ESA portion of the law apply only to the ESA category.²¹

Arizona’s ESA program was created in 2011 with strictly defined eligibility qualifications. As AFHE engaged with the organizations working on this legislation, it was agreed to structure the program as a distinct educational category with a unique set of features. The universal expansion of the ESA did not change those distinguishing features.

These features bring clarity for homeschool parents, ESA at-home educators, and the public. They also highlight the distinctions for legislators who make decisions about bills affecting the educational classifications. Since the universal expansion of the ESA in 2022, lawmakers have contended with an increasing number of bills written to impose varying degrees of regulation and even end the program. Without clear distinctions, the accountability measures or regulations proposed for ESA contract-holders could inadvertently be applied to homeschoolers.

The Stakes of Freedom

AFHE affirms the fundamental right and responsibility of parents to direct the upbringing and education of their children.²² As parents decide between Arizona’s many education options, there remains a necessary discussion about the ESA program’s potential for unintended impacts. AFHE is particularly concerned with impacts that could adversely affect homeschooling in Arizona.

Participation in the ESA program engages home educators in frequent interaction with the state and encourages dependence on taxes collected by the state. This is very different from the high level of independence and freedom associated with homeschooling, won through decades of lobbying efforts. In fact, many parents who have switched their children from homeschool to the ESA have said if ESA participation ever leads to increased privacy intrusions or requirements they did not encounter as homeschoolers, they will return to the maximum-freedom category: homeschooling. This presumes the legal distinction between categories will be maintained and that, in Arizona, “homeschool” will be clearly understood as a private option which does not rely on government funding and is not subject to unnecessary state regulations.

Educational freedom is closely tied to freedoms guaranteed in the Constitution of the United States.²³ AFHE believes parents bear the primary responsibility for the welfare and education of their children and must have the option to educate them apart from the jurisdiction of the state. Those who believe this responsibility belongs to society at large have often justified the dilution of parents’ rights and ever-expanding encroachment of government into private homes and family decisions.

This concern is not new. For many years, state and local governments have repeatedly tried to bring homeschool families into public education models, frequently with offers to fund at-home education. AFHE and other homeschool advocates have often informed families what is truly at stake. Homeschool freedom was achieved incrementally over many years, and it can also be lost incrementally. As expressed by the Home School Legal Defense Association (HSLDA) in 2002, “When individuals accept state funds for private activities, the distinction between the state and the private sphere is blurred, self-government is weakened, and the state is further unleashed from the bounds of law to intrude upon the personal lives of its citizens.”²⁴

All of Arizona’s families have a stake in maintaining homeschool freedom and an authentically independent education option. If all education models are eventually seen as public education, funded by the government and accountable to the public system, we will have lost ground that will be very difficult to regain.

The completely independent homeschool option is essential in order for educational choice to truly exist in Arizona.

AFHE’s Philosophy and Mission

As the only organization in Arizona whose legislative advocacy is fully dedicated to preserving homeschool freedom, AFHE shares the concerns expressed by homeschool leaders nationwide: we must not ignore the potential for new models of public funding to diminish our independence and liberty to educate our children.

While the nationwide discussion about education continues, Arizona families should be reassured by knowing that homeschool freedom is derived from enduring principles, and has long been recognized in our state’s legal system. For these reasons and the others outlined in the previous articles in this series:

• AFHE upholds the distinction between homeschool and government-funded education categories.
• AFHE upholds the legal definition of “homeschool” as nonpublic instruction conducted primarily by the parent or guardian or nonpublic instruction provided in the child’s home.
• AFHE will not promote or endorse universal government funding of education.
• AFHE will continue pursuing the mission of protecting the freedom and privacy of homeschool families in our state.

AFHE exists to inspire parents to homeschool their children; promote parent-directed, privately funded, home-based education; preserve the freedom to homeschool; and support parents who choose a home-based education option for their children.

Homeschooling offers a unique opportunity for personalized learning, driven by the values, convictions, and dreams of families who seek to nurture their children in ways that reflect their own vision for education. More and more parents across our state are moving into the “driver’s seat” in their children’s education, utilizing a range of education options. AFHE applauds their dedication and offers hearty support for the journey. AFHE events, resources, communications, and information are geared toward these parents.

As we look to the future of homeschooling in Arizona, we must remain vigilant in protecting the freedoms that have allowed families to thrive in this independent, parent-led, privately funded form of education. Access to government funding for home-based education may seem like an ideal arrangement, but that access requires trade-offs: reliance on taxation by the state, accountability for the use of public funding, and boundaries on educational choices. There is every reason to believe that the trade-offs will only increase over time. Homeschools are—and must remain—independent of these concerns.

AFHE stands firm in our commitment to protecting homeschool freedom for future generations, ensuring homeschooling remains a distinct, vibrant, independent option for Arizona families.

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

[17] A.R.S. section 15-802.
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/15/00802.htm

[18] A.R.S. section 15-2402(F).
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/15/02402.htm

Arizona Department of Education. (2023, July 1). Parent Handbook, Empowerment Scholarship Account Program, School Year 2023-2024, pg 53.
https://www.azed.gov/sites/default/files/2023/05/ESA-2023-24-Parent-Handbook-FINAL-PROOF.pdf

[19] A.R.S. section 15-2402(B)(5).
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/15/02402.htm

[20] Arizona Department of Education. (2023, July 1). Parent Handbook, Empowerment Scholarship Account Program, School Year 2023-2024, pg 5.
https://www.azed.gov/sites/default/files/2023/05/ESA-2023-24-Parent-Handbook-FINAL-PROOF.pdf

[21] A.R.S. section 15-2401 and A.R.S. section 15-2402.
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/15/02401.htm
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/15/02402.htm

[22] A.R.S. section 1-601.
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/1/00601.htm

[23] United States Creator. (1789) Bill of Rights. [Place of Publication Not Identified: Publisher Not Identified,-09-25] [Image] Retrieved from the Library of Congress.
https://www.loc.gov/item/2021667570/

[24] Smith, J. M., & Farris, M. P. (2022, June 26). The Problem with Home-based Charter Schools.
https://www.cfssd.org/uploads/1/0/4/4/10444187/hsdla_position_on_charter_schools.pdf

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