Download Affidavit Homeschool Maricopa County Template Access Editor Here

Download Affidavit Homeschool Maricopa County Template

The Affidavit Homeschool Maricopa County form is a legally binding document that parents or guardians must submit to the Maricopa County School Superintendent to declare their intent to provide a homeschool education to their child, in accordance with Arizona Revised Statute §15-802. This notarized form, which must be kept on file by both the submitter and the county, details the student’s information, provides proof of the child's birth as required by A.R.S. §15-828, and includes a privacy notice to protect the student's information. If you're planning to homeschool in Maricopa County, it's crucial to fill out and submit this form properly.

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In Maricopa County, Arizona, families choosing to homeschool must navigate a series of legal obligations, among which the Affidavit of Intent to Homeschool plays a crucial role. Designed to formalize a child’s shift from traditional schooling environments to a home-based education, this document requires notarization before being sent to the County School Superintendent. The affidavit clarifies that homeschooling is recognized under Arizona law as non-public instruction primarily given by a parent or guardian within the home, distinctly separating it from virtual charter or public-school-at-home programs and the Empowerment Scholarship Account (ESA) contracts. Along with student and parent/guardian information, the form mandates proof of the child's birth in adherence to state statutes, emphasizing the importance of compliance with legal standards for home education. Additionally, it includes a crucial privacy notice that prohibits the release of the information provided without explicit consent—an assertion backed by both federal and state laws. This legal document underscores the balance between ensuring educational freedom and adhering to regulatory standards, representing a formal step in the transition towards a customized educational pathway that meets legal requirements while honoring family choice.

Document Example

AFFIDAVIT OF INTENT TO HOMESCHOOL

Send the notarized original document to your County School Superintendent. Keep a copy for your records.

A.R.S. §15-802 defines a homeschool as “a non-public school conducted primarily by the parent or guardian, or non-public instruction provided in the child’s home.”

Please do not file an Affidavit of Intent to Homeschool for your child if he/she is enrolled in a virtual charter school/public-school-at-home program or has an Empowerment Scholarship Account (ESA) contract with the State of Arizona.

STUDENT INFORMATION

Last Name:

_______________________________ First Name: _______________________________ Middle Name: _____________________

Date of Birth:

_________________________________ (Proof of birth is required according to A.R.S. §15-828. See below)

Address:

______________________________________________________________________________________________________________

City:

__________________________________________________________________, AZ

Zip Code: __________________________

Phone:

_________________________________________________

 

PARENT/GUARDIAN INFORMATION

 

Last Name:

__________________________________ First Name: ________________________________ Middle Name: ____________________

Last Name:

__________________________________ First Name: ________________________________ Middle Name: ____________________

My child is not yet eight years of age and I elect not to begin formal education at this time.

PROOF OF BIRTH

Please include a certified copy (not a photocopy) of your child’s birth certificate or other acceptable proof of birth as outlined in Arizona Revised Statutes §15-828.

PRIVACY NOTICE

The undersigned expressly prohibits the release of any and all information contained in this form including directory information as defined in 20 U.S.C. §1232g (a)(5)(A), without prior written consent by the undersigned. See 20 U.S.C. §1232g (a)(5)(B) and ARS §15-141.

Under penalty of law, I attest the information provided on this form is true to the best of my knowledge.

PARENT/GUARDIAN SIGNATURE ____________________________________________________________

Subscribed and sworn before me this __________ day of _______________________________, 20_________

NOTARY SEAL

by _________________________________________________ Commission expires: ___________________

NOTARY PUBLIC

Arizona Families for Home Education | www.afhe.org

Form Specifics

Fact Description
Purpose of Form The form serves as an affidavit of intent for parents or guardians to officially homeschool their child in Maricopa County.
Definition of Homeschooling A.R.S. §15-802 defines homeschooling as a non-public school conducted primarily by the parent, guardian, or through non-public instruction provided in the child's home.
Applicability The form should not be used if the child is enrolled in a virtual charter school or has an Empowerment Scholarship Account (ESA) contract.
Student Information Required The form requires detailed student information including legal name, date of birth, and residence.
Proof of Birth Requirement A certified copy of the child’s birth certificate or other accepted proof of birth, as required by A.R.S. §15-828, must be included.
Parent/Guardian Information Comprehensive information about the parent or guardian is required, including an option for parents of children under eight not to start formal education yet.
Privacy Notice The form includes a privacy notice that restricts the release of information without prior written consent, referencing 20 U.S.C. §1232g and ARS §15-141.
Attestation and Notarization A signature from the parent or guardian must be provided under penalty of law, attesting to the truthfulness of the information. This signature must be notarized.
Governing Laws This process is governed by Arizona Revised Statutes, specifically referencing A.R.S. §15-802 for the definition of homeschool, A.R.S. §15-828 for the birth proof requirement, and considerations for privacy under 20 U.S.C. §1232g and ARS §15-141.

Affidavit Homeschool Maricopa County - Usage Steps

Filling out the Affidavit of Intent to Homeschool for Maricopa County is a significant step for parents or guardians choosing to homeschool their child. This legal document formally notifies the County School Superintendent of the parent's or guardian's intention to deliver a homeschool education. It's important to follow each step accurately to ensure the affidavit is processed smoothly. Below is a step-by-step guide to complete the form correctly.

  1. Begin by printing the affidavit form to fill out by hand, as it needs to be notarized before submission.
  2. In the STUDENT INFORMATION section, enter the last, first, and middle names of the student being homeschooled.
  3. Fill in the student's date of birth and provide proof of birth, adhering to A.R.S. §15-828. Acceptable documents include a certified copy of the birth certificate or other proof as outlined in the statute.
  4. Enter the complete home address where the homeschooling will take place, including city, state (AZ for Arizona), and zip code.
  5. Provide a contact phone number where you can be reached.
  6. Under PARENT/GUARDIAN INFORMATION, write the last, first, and middle names for each parent or guardian involved in the homeschooling.
  7. If your child is not yet eight years of age and you elect not to begin formal education at this time, check the appropriate box.
  8. Attach the required proof of birth for the child being homeschooled.
  9. Read the PRIVACY NOTICE section carefully. By signing the affidavit, you are expressly prohibiting the release of any information contained within this form without prior written consent.
  10. Sign and date the affidavit in the presence of a notary public. Ensure both the parent/guardian signature is completed and the notary signs, dates, and affixes their seal to authenticate the document.
  11. Send the notarized original document to your County School Superintendent's office as directed on the form. It is crucial to keep a copy of the notarized affidavit for your records.

Once the affidavit is filed, you are acknowledging your responsibility to provide a homeschool education that complies with Arizona state laws. This declaration is a formal step in establishing a homeschool environment for your child. Remember to consult local homeschooling resources and support networks available through organizations such as Arizona Families for Home Education to navigate the homeschooling journey ahead.

More About Affidavit Homeschool Maricopa County

Frequently Asked Questions (FAQ) about the Affidavit of Intent to Homeschool in Maricopa County:

  1. What is an Affidavit of Intent to Homeschool?
  2. An Affidavit of Intent to Homeschool is a legal document that must be filed with the County School Superintendent to notify them of the intent to provide a homeschool education to your child, as defined by A.R.S. §15-802. It officially registers the child as a homeschool student within Maricopa County, distinguishing them from students in public, private, or charter schools.

  3. Who needs to file this affidavit?
  4. The affidavit must be filed by the parent or guardian of a child who intends to homeschool. This applies if the child is not enrolled in a virtual charter school or a public-school-at-home program and does not have an Empowerment Scholarship Account (ESA) contract with the State of Arizona.

  5. What information is required in the affidavit?
    • Student's full name and date of birth
    • A certified copy of the child's birth certificate or acceptable proof of birth as per Arizona Revised Statutes §15-828
    • Address and contact information of the child
    • Parent or guardian information
    • A privacy notice section prohibiting the release of information without consent
    • Signature of the parent/guardian, notarized by a notary public
  6. What constitutes acceptable proof of birth?
  7. Acceptable proof of birth includes a certified copy of the child’s birth certificate. Other forms of proof, as outlined in Arizona Revised Statutes §15-828, may also be suitable. This documentation is required to verify the student’s age and legal status.

  8. What if my child is under eight years old?
  9. For children not yet eight years of age, parents have the option to delay formal education and are not required to file the affidavit until the child turns eight. However, if you choose to begin homeschooling before age eight, you are required to file it.

  10. Where should the notarized affidavit be sent?
  11. The notarized original document should be sent to the County School Superintendent's office in Maricopa County. Keeping a copy for your records is strongly recommended to ensure documentation of your child’s status as a homeschool student.

Common mistakes

When filling out the Affidavit of Intent to Homeschool for Maricopa County, it's important to avoid common mistakes to ensure the process runs smoothly. These errors can range from simple oversights to more significant misunderstandings about the requirements.

Firstly, not sending the notarized original document to the County School Superintendent while keeping a copy can lead to official complications. The notarized document is necessary for the affidavit to be recognized legally. Another frequent mistake is not including proof of birth that meets Arizona Revised Statutes §15-828 specifications, such as a certified copy of the child’s birth certificate. Photocopies are not acceptable and will result in the affidavit being rejected.

Moreover, some guardians mistakenly file an affidavit even if the child is enrolled in a virtual charter school or a public-school-at-home program, or has an Empowerment Scholarship Account (ESA) with the State of Arizona. This misunderstanding can lead to legal and educational conflicts due to the child being recorded in two educational settings simultaneously.

Incorrectly filled student information, particularly misspelled names or inaccurate dates of birth, can lead to issues with the child's educational records. Additionally, failing to update the address if the family moves can lead to communication problems with the County School Superintendent’s office. This issue is particularly critical for legal notices or documentation requests that may be sent to the family’s home.

Another common error is not checking the box to indicate if a child under eight years of age is elected not to begin formal education at this time. This oversight can lead to unnecessary inquiries or confusion regarding the child's educational status. Furthermore, a significant mistake is failing to expressly prohibit the release of information without prior written consent, compromising the child’s and family's privacy. Parents or guardians should be careful to include this prohibition to ensure compliance with privacy laws.

Finally, submitting the affidavit without a parent or guardian's signature and not having it subscribed and sworn before a notary public nullifies the document. The requirement for the signature and notarization confirms the authenticity and commitment to homeschooling under the penalty of law.

To avoid these common mistakes:

  1. Ensure the document is fully completed and notarized before submission.
  2. Attach the proper proof of birth.
  3. Do not file an affidavit if the child is enrolled in certain school programs or has an ESA contract.
  4. Triple-check all entered student and parent information for accuracy.
  5. Update the County School Superintendent’s office with any address changes.
  6. Correctly indicate the child's formal education status if under eight years of age.
  7. Clearly state the prohibition on information release without prior consent.
  8. Sign the document in front of a notary and ensure it includes the notary’s seal and commission expiry date.

By paying close attention to these details, families can ensure a smoother homeschooling notification process and avoid unnecessary complications.

Documents used along the form

When parents or guardians in Maricopa County decide to homeschool their children, the Affidavit of Intent to Homeschool is a crucial document that initiates their legal ability to do so. Besides this affidavit, there are other forms and documents often used to ensure the process meets all legal requirements and supports the child's educational journey. Understanding these additional forms can help families navigate the homeschooling setup more effectively.

  • Proof of Birth Document: As stated in the affidavit itself, providing proof of the child's birth is mandatory. This might include a certified copy of the child's birth certificate or other government-issued documents that verify the child's age and legality of residence. It is crucial for fulfilling Arizona Revised Statutes §15-828.
  • Educational Plan: While not always a formal or required document, many families choose to create an educational plan outlining the curriculum and educational goals for the homeschooling year. This document can serve as a guide for the parents or guardians and can be helpful if the state or local education departments request information on the child’s education.
  • Annual Evaluation or Progress Report: Depending on local laws and personal choice, some families submit an annual evaluation or progress report. This could entail standardized test results, a portfolio of the student's work, or assessment reports from an educational professional. These documents display the child's academic progress and are important for record-keeping and future schooling arrangements.
  • Withdrawal Form from Previous School: If the child was previously enrolled in a traditional school, a withdrawal form may be necessary to officially remove the child from the public or private school system. This document helps avoid legal complications concerning truancy laws and clarifies that the child is being homeschooled.

Each of these documents serves to complement the Affidavit of Intent to Homeschool by either meeting legal requirements or aiding in the planning and evaluation of the homeschooling experience. They ensure that homeschooling is not only compliant with state laws but also a structured and effective educational option for families in Maricopa County.

Similar forms

An affidavit of intent to homeschool, such as the one required in Maricopa County, shares some commonalities with an enrollment form for a traditional brick-and-mortar school. Both documents serve as official notifications of a child's educational path for an upcoming academic period. The enrollment form is provided to the school to document the student's personal information, grade level, and intention to attend the school in question, similar to how the affidavit outlines the child's homeschooling details to the county's superintendent.

Similar to the Notice of Intent to Withdraw from public school, this affidavit provides formal notification to an education authority about a significant change in a student's education status. While the affidavit indicates the start of homeschooling, a notice of intent to withdraw informs the school district of a student's departure, which can be for reasons including transitioning to homeschooling, moving, or transferring to another school.

The affidavit also has similarities with a personal records request form utilized within educational settings. Such forms are used to request personal records or transcripts for a student, and often require detailed personal information to ensure privacy and compliance with education laws. The affidavit of intent to homeschool requires proof of birth and addresses privacy concerns for the child's information, echoing the care with which personal records are handled.

A declaratory judgment form, used in legal contexts to request a judicial decision on legal matters without the need for a trial, mirrors the affidavit's role in clarifying a legal education requirement. Though the context differs, both documents officially assert a status or intention based on statutory provisions, thereby seeking acknowledgment or compliance from a governing body or official.

The affidavit is akin to a general power of attorney form in that it officially designates the responsibility for a specific domain — in this case, the child’s education — to an individual or individuals (the parent or guardian). While a general power of attorney may grant broad powers across a range of matters, the affidavit focuses on the educational oversight of the child within the homeschooling context.

The process and intention behind this form bear similarity to immunization exemption forms various states require. Such exemption forms are submitted to educational or state health authorities to officially document and request an exemption from state-mandated vaccination requirements for students, based on medical, religious, or philosophical grounds. Both types of documents officially communicate a deviation from the standard educational or health requirements, underpinned by legal statutes.

It resembles a school choice application, a document used by parents or guardians to request enrollment in public school options outside their local attendance boundary, charter schools, or magnet schools. Both the affidavit and school choice applications are exercised by a parent's or guardian's right to decide the educational path that they deem best for their child, whether it's a distinct school setting or homeschooling.

Last but not least, the similarities between the affidavit and a child travel consent form highlight aspects of legal guardianship and the precautions taken to ensure a child's safety and compliance with laws. While a travel consent form authorizes a child to travel with a specific adult or independently, ensuring adherence to child protection laws, the affidavit secures the child's right to an education outside the traditional school system, with both forms underscoring the guardians' responsibility to make informed decisions about their child's welfare.

Dos and Don'ts

When completing the Affidavit Homeschool in Maricopa County, there are several do's and don'ts to ensure the process is done correctly and efficiently. This guidance aims to make the affidavit preparation as straightforward as possible.

Do's:
  • Send the notarized original document to your County School Superintendent as instructed, ensuring the document's legality and your commitment to homeschooling are officially recognized.
  • Keep a copy for your records. This is crucial for any future verifications or requirements that may arise concerning your child’s education.
  • Include a certified copy of your child's birth certificate or other acceptable proof of birth, as specified under Arizona Revised Statutes §15-828. This step is mandatory and supports the verification process for the child’s age and identity.
  • Fill out the student and parent/guardian information completely and accurately. This includes last names, first names, middle names, addresses, and phone numbers, contributing to a clear record of who is being homeschooled and by whom.
  • Clearly indicate if your child is not yet eight years of age and you elect not to begin formal education at this time, in alignment with the stipulations provided.
  • Sign the affidavit in the presence of a notary to affirm the truthfulness and accuracy of the information provided, meeting the legal requirements for the document.
Don'ts:
  • Do not file this affidavit if your child is enrolled in a virtual charter school or a public-school-at-home program, or has an Empowerment Scholarship Account (ESA) contract with the State of Arizona. These circumstances require different procedures.
  • Do not forget to have the affidavit notarized before submission. The notarization process is a legal necessity that validates the document.
  • Do not use photocopies of the child's birth certificate or proof of birth. Only certified copies are acceptable, ensuring the authenticity of the documents.
  • Do not leave any sections incomplete. Every part of the form is designed to establish the homeschooling status clearly and legally, missing information may result in processing delays or rejection.
  • Do not forget to include the privacy notice. This is essential to protect your child’s and your family's personal information.
  • Do not overlook the requirement for parental/guardian signatures. This attests to the accuracy of the information and your awareness and consent for homeschooling.

Adhering to these guidelines helps ensure that the process of declaring an intent to homeschool in Maricopa County is completed effectively, laying a strong foundation for your child’s home education journey.

Misconceptions

Many parents in Maricopa County consider homeschooling as an alternate form of education for their children but often encounter misconceptions about the process and requirements, especially when it comes to the Affidavit of Intent to Homeschool. Clarifying these misconceptions is crucial to ensure that parents are fully informed and can confidently make decisions regarding their child’s education.

  • Misconception 1: The Affidavit of Intent to Homeschool must be filed annually.
  • This is not the case. Once the affidavit is filed for a child, it does not need to be resubmitted annually. It serves as a one-time notification of the intent to homeschool, unless the student's educational setting changes.

  • Misconception 2: You need to be a certified teacher to homeschool your child.
  • In Maricopa County, as outlined by Arizona Revised Statutes, homeschooling parents or guardians are not required to hold a teaching certification. Homeschools are considered non-public schools conducted primarily by the parent or guardian.

  • Misconception 3: The homeschool affidavit is complex and difficult to fill out.
  • Contrary to what some may believe, the affidavit is straightforward and only requires basic information about the student, parent or guardian, proof of the child’s birth, and a notarized parent or guardian signature.

  • Misconception 4: A homeschool student cannot return to public school.
  • Homeschooled students can re-enter public schools. Parents may need to provide documentation of their child’s education while homeschooled, and the public school may test the child to place them in the appropriate grade level.

  • Misconception 5: You cannot homeschool if your child is enrolled in a virtual charter school.
  • This is actually accurate. The affidavit explicitly states not to file if the child is enrolled in a virtual charter school/public-school-at-home program or has an Empowerment Scholarship Account (ESA) contract with the State of Arizona, as these do not constitute homeschooling under state law.

  • Misconception 6: Filing the affidavit invades your privacy.
  • The form includes a privacy notice prohibiting the release of the information contained within it without prior written consent, protecting families’ privacy.

  • Misconception 7: Homeschooling under this affidavit allows for a flexible curriculum not aligned with educational standards.
  • While homeschooling does offer more flexibility in curriculum choices, parents are still responsible for providing instruction in at least the subjects of reading, grammar, mathematics, social studies, and science.

  • Misconception 8: You must start formal education by age eight.
  • Parents have the option to delay formal education until their child is eight years old, as indicated in the affidavit. This allows parents to decide the best time to begin homeschooling based on their child’s development.

Understanding these key points clarifies the homeschooling process in Maricopa County, empowering parents to make informed decisions about their child's education pathway.

Key takeaways

Filing an Affidavit of Intent to Homeschool in Maricopa County is a critical step for parents or guardians choosing to educate their child at home. This process is formalized through the Arizona Revised Statutes and requires attention to detail to ensure compliance with state laws. Below are key takeaways that are essential for anyone considering this educational path.

  • Notarization is Required: The original affidavit needs to be notarized before it is sent to the County School Superintendent. This authenticates the document, verifying the identity of the signatories.
  • Keep a Copy: It’s important to retain a copy of the affidavit for your records. This serves as proof of your intent to homeschool and may be needed for future reference.
  • Definition of Homeschooling: According to A.R.S. §15-802, a homeschool is viewed as a non-public school conducted primarily by the parent, guardian, or through non-public instruction provided in the child’s home.
  • Exclusions: The affidavit should not be filed if the child is enrolled in a virtual charter school or a public-school-at-home program, or if the child has an Empowerment Scholarship Account (ESA) contract with the State of Arizona.
  • Student Information: Complete and accurate information about the student including their full name, date of birth, and address is necessary to file the affidavit.
  • Proof of Birth is Mandatory: A certified copy (not a photocopy) of the child's birth certificate or another acceptable proof of birth according to A.R.S. §15-828 must be included with the affidavit.
  • Privacy Matters: Filing the affidavit comes with a privacy notice that prohibits the release of any information contained within the form without prior written consent.
  • Accuracy and Legal Attestation: By signing the affidavit, you are attesting under penalty of law that the information provided is true and accurate to the best of your knowledge.

Understanding these key points can significantly streamline the process of filing an Affidavit of Intent to Homeschool in Maricopa County. It is designed to ensure that children receive a proper education in compliance with state requirements, all while safeguarding their personal information. By adhering to these guidelines, parents and guardians can confidently embark on the journey of homeschooling.

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