IS AFHE GOING TO RELEASE A STATEMENT REGARDING THE EXPANSION OF THE ESA PROGRAM?On June 30, 2022, an initial statement was sent to our entire email list, put on the blog and AFHE website, and on our social media pages. We worked closely with HSLDA during this time, and their statement was emailed to their members on July 5, 2022.
On August 29, 2022, an additional AFHE Statement was released to answer further questions. Click
here to view the statement.
WHAT IS AFHE'S POSITION REGARDING THE NEW ESA LAW?AFHE does not oppose nor endorse the ESA expansion. AFHE believes it is the right of all Arizona parents to seek out the educational options that are best for their children. As always, AFHE encourages parents to do their best research regarding educational options and understand the choice that they make. We believe in your right to do so. The AZ Law and Affidavit page on our website lists laws pertaining to Arizona’s homeschool freedom and protections. We will continue protecting Arizona’s homeschool law and homeschool liberty as our top priority.
SHOULD THE HOMESCHOOL AFFIDAVIT BE WITHDRAWN FROM THE COUNTY SUPERINTENDENT'S OFFICE IF AN ESA CONTRACT IS SIGNED? This is a confusing issue and hopefully the coming year will bring more clarity. ARS 15-802 (C) states that parents are responsible to notify the county school superintendent within thirty days of the termination of homeschooling. ARS 15-2402 (B)(5) states that in order to enroll a qualified student into an ESA, the parent agrees not to file an affidavit of intent to homeschool. At this time, AFHE recommends that since parents are the ones who file the affidavit, parents should be the ones to withdraw the affidavit when signing an ESA contract. Time will bring greater clarity.
WHY IS AFHE SO COMMITTED TO HOMESCHOOL FREEDOM? AFHE stands for homeschooling as defined in Arizona law, recognizing that definitions include boundaries. When AFHE was established in 1983, there was not a definition of homeschooling in our state’s law. AFHE’s founders sought to firmly establish the right of parents to educate their children in the manner of their choosing, free from government regulation, oversight, or approval. AFHE worked through the legislature to develop the legally defined classification of homeschool in Arizona law over the course of about thirteen years in the 1980s and 1990s. The current homeschool definition in ARS § 15-802(G)(2) was established in 2011. Seeking and protecting this freedom has always been AFHE’s prime directive. We believe that all Arizona parents benefit from the efforts of AFHE and other organizations in Arizona who seek to protect parental rights and the freedom to educate their children as they choose.
DOES AFHE WORK WITH HSLDA? We continue to work very closely with HSLDA, speak with them on a regular basis, and consistently attend each other’s events. Together, both AFHE and HSLDA are dedicated to promoting and protecting homeschooling in Arizona. AFHE also partners regularly with other state and local groups who work hard for parental and educational freedoms.
CAN ESA FAMILIES JOIN AFHE? AFHE does not bar any group from attending our annual convention or being a member. Many families who are considering homeschooling, want to learn more about homeschooling, are supporters of AFHE, or just want great content are members of AFHE and/or attend our convention. Anything we can do to help parents or families move closer to parent-directed, privately funded homeschooling will always be considered a win. There is a great deal of overlap between homeschooling and ESA contract education at home. This means that our annual convention, articles on our website, and many of the resources and opportunities we offer will be valuable and helpful to all families who educate at home. At the same time, our focus is homeschooling.
HOW WILL THE ESA EXPANSION AFFECT SUPPORT GROUPS AND CO-OPS? Participation in a local group or co-op is a great way to build friendships and enrich the home education experience. Each group is run independently and has its own requirements for membership, emphasis (Christian, secular, etc.), format, membership dues, area that it serves, etc. We encourage you to research groups you are interested in to make sure they are a good fit for your family. A listing can be found on the Resources page of the AFHE website.
WHAT ABOUT AFHE'S MISSION STATEMENT? AFHE’s mission statement states, in part, that AFHE exists to “support parents who choose a home-based education option for their children.” AFHE believes that with information on our website, with our magazine and other member benefits, with our events, and in many other ways we can support ANY parent and family that wishes to be more intentional about their child’s education, especially those who are educating at home. This in no way dilutes AFHE’s commitment to homeschool freedom.
CAN ESA FAMILIES PARTICIPATE IN AFHE'S GRADUATION CEREMONY? Under the ESA that existed prior to the 2022 expansion, ESA contract families who educated their children at home were limited to children with disabilities and other specific populations. Those numbers were relatively small, and since they educated at home, they were able to participate in the AFHE graduation and celebrate their accomplishment. Our policy remains that the AFHE graduation is for those who educate at home, whether it be homeschooling or ESA.
CAN ESA STUDENTS APPLY FOR AND OBTAIN SCHOLARSHIPS THROUGH AFHE? No. AFHE scholarships are limited to homeschool graduates.
IS AFHE OPPOSED TO PARENTS USING THE ESA CONTRACT TO EDUCATE THEIR CHILDREN AT HOME? We are thankful that in Arizona, we have the parental freedom to choose the type of education we want for our children. Parents are best qualified to determine how their children are educated. AFHE does not support nor oppose the signing of an ESA contract.
WHY DO YOU CALL THE EDUCATIONAL CHOICES IN ARIZONA "CLASSIFICATIONS"?ARS § 15-802 includes the word "classification" in the title and goes on to describe five distinct classifications in Arizona. ARS § 15-802(A) says, "A person who has custody of the child shall choose a public, private
or charter school
or a homeschool as defined in this section to provide instruction
or shall sign a contract to participate in an Arizona empowerment scholarship account pursuant to section 15-2402" (emphasis added). The repeated "or" indicates that the parent or guardian must choose one of these classifications. (Virtual charter, described in ARS § 15-808, is a type of charter school.)
IS A STUDENT WITH AN ESA CONTRACT EDUCATING AT HOME ALSO A HOMESCHOOL STUDENT? Not according to the legal definition of homeschool in Arizona, and not according to the Arizona Department of Education (
https://www.azed.gov/sites/default/files/2022/08/H.B.%202853%20FAQ.pdf Q8: Can ESA funds be used for homeschooling? From 8/17/2022 version). However, it is understandable that this may be confusing. In Arizona, students who attend private school must file an affidavit of intent with the county school superintendent (ARS § 15-802(B)(2)). A parent of a homeschool student must file an affidavit of intent with the county school superintendent (ARS § 15-802(B)(2)). Under ARS § 15-2402(B)(5), a student who enters an ESA contract must not have an affidavit of intent to homeschool filed with the county office. Therefore, a student must have either public school enrollment, or charter school enrollment, or a private school affidavit, or a homeschool affidavit, or an ESA contract. What makes this confusing is that ESA contract students who choose to attend private school fit into two classifications. However, the homeschool affidavit and the ESA contract are mutually exclusive, as seen above and in ARS § 15-2402(I). In many ways, homeschooling students and ESA contract students educating at home will look the same in practice.
IS IT ACCURATE AND REASONABLE TO SAY THAT EDUCATION AT HOME WITH AN ESA CONTRACT IS NOT HOMESCHOOLING? The term homeschooling has been used for many years to generally describe education that happens at home. It is understandable to want to continue using the same word when a contract and funding source are the only apparent differences. But in the public sphere it is important to use legally defined terms. To the best of our ability, when the term homeschool is used by AFHE it means as defined in the Arizona Revised Statutes.
WHAT IS THE INTENT AND HISTORY OF THE TERM "NONPUBLIC" AS RELATED TO HOMESCHOOL IN THE ARS? AFHE, HSLDA, and the homeschooling movement in general have had a long-standing value that homeschools should receive no public funds. In many instances in the United States, taxpayer funding has led to regulations. Privately funded homeschool is the maximum freedom option. In 2011, the word "nonpublic" was included in the homeschool definition in ARS 15-802(G)(2) through the sustained efforts of AFHE with the intent to mean that homeschool would receive no public funds. This was done to differentiate homeschooling from various public school efforts to educate students in the home. This mirrored ARS § 15-802(G)(3), which stated that private schools were nonpublic institutions, and at that time they also received no public funds. The ESA was also enacted in Arizona in 2011 and included public funding. AFHE remains committed to homeschooling in Arizona being the maximum freedom option by not receiving any public funds directly or indirectly.
IS THE FUNDING SOURCE IMPORTANT TO FREEDOM? There are numerous instances throughout America and around the globe where government funding has provided a wedge by which social services, bureaucrats, and elected officials have inserted themselves into the home setting. This statement is not alarmist but is a simple observation: any time taxpayer dollars are provided for a designated purpose, increased regulation is applied and can be justified. For homeschooling to remain the educational option of maximum freedom, it must remain free of government funding. In fact, this characteristic of homeschooling has historically been one of its greatest strengths, allowing families to maintain the utmost independence, flexibility, and personal discretion in their educational methods, priorities, and choices.
WHAT ARE THE AT-HOME EDUCATIONAL CHOICES IN ARIZONA? In Arizona today, students can homeschool. ESA contract students can also be educated at home. Students can also attend public K-12 schools online at home, charter K-12 schools online at home, and private K-12 schools online at home. It is wonderful that we have so many freedoms in Arizona. Only homeschooling is defined legally as nonpublic and education conducted by the parent and/or in the home.