HB 2175 — schools; residency documentation; policies

HB2175 - 551R - IH Ver       REFERENCEHouse TITLE:Engrossed schools;

schools;

policies       State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session     HBHOUSE BILL 2175   Introduced by Representative Dunn     AN ACT   amending section 15-802, Arizona Revised Statutes;

Section 1.  SectionSection 1. 15-802, Arizona Revised Statutes, is amended to read:

START_STATUTE15-802.  SchoolSection instruction;15-802, Arizona Revised Statutes, is amended to read:

START_STATUTE15-802.

School instruction;

definitions A.  EveryA. child between the ages of six and sixteen years shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies and science.  The 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.

B.  TheEvery parentchild orbetween the ages of six and sixteen years shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies and science.  The person who has custody of the child shall dochoose thea following: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.

1.  IfB. the child will attend a public, private or charter school, enroll the child in and ensure that the child attends a  the public, private or charter school for the full time school is in session.  In accordance with guidelines adopted policies established by the department state board of education, school districts and charter schools shall require and maintain verifiable documentation of residency in this state for pupils who enroll in the school district or charter school.  If a child attends a school that is operated on a year‑round basis, the child shall regularly attend during school sessions that total not less than at least one hundred eighty school days or two hundred school days, as applicable, or the equivalent as approved by the superintendent of public instruction.

2.  IfThe theparent child will attend a private school or homeschool,person filewho anhas affidavitcustody ofshall intentdo with the countyfollowing: school superintendent stating that the child is attending a regularly organized private school or is being provided with instruction in a homeschool.  The affidavit of intent shall include:

(a)  The1. child's name.

(b)  TheIf child'sthe datechild will attend a public, private or charter school, enroll the child in and ensure that the child attends a  the public, private or charter school for the full time school is in session.  In accordance with guidelines adopted policies established by the department state board of birth.education, school districts and charter schools shall require and maintain verifiable documentation of residency in this state for pupils who enroll in the school district or charter school.

(c)  TheIf currenta addresschild ofattends thea school that is operated on a year-round basis, the child isshall attending.regularly attend during school sessions that total not less than at least one hundred eighty school days or two hundred school days, as applicable, or the equivalent as approved by the superintendent of public instruction.

(d)  The2. names, telephone numbers and addresses of the persons who currently have custody of the child.

3.  IfIf the child will attend homeschool,a theprivate childschool hasor nothomeschool, reachedfile eightan yearsaffidavit of ageintent bywith September 1 of the county school yearsuperintendent andstating thethat person who has custody of the child doesis notattending desirea toregularly beginorganized homeprivate instructionschool untilor theis childbeing hasprovided reachedwith eightinstruction yearsin ofa age,homeschool.  fileThe an affidavit of intent pursuantshall toinclude: paragraph 2 of this subsection stating that the person who has custody of the child does not desire to begin homeschool instruction.

C.  An(a) affidavit of intent shall be filed within thirty days from after the time the child begins to attend a private school or homeschool and is not required thereafter unless the private school or the homeschool instruction is terminated and then resumed.  The personchild's whoname. has custody of the child shall notify the county school superintendent within thirty days of after the termination that the child is no longer being instructed at a private school or a homeschool.  If the private school or homeschool instruction is resumed, the person who has custody of the child shall file another affidavit of intent with the county school superintendent within thirty days.

D.  A(b) personThe ischild's excuseddate from the duties prescribed by subsection A or B of thisbirth. section if any of the following is shown to the satisfaction of the school principal or the school principal's designee:

1.  The(c) childThe iscurrent inaddress suchof physicalthe orschool mentalthe conditionchild that instruction is inexpedientattending. or impracticable.

2.  The(d) childThe hasnames, completedtelephone thenumbers highand schooladdresses course of studythe necessarypersons forwho completioncurrently ofhave tenthcustody gradeof ten as prescribed by the statechild. board of education.

3.  The3. child has presented reasons for nonattendance at a public school that are satisfactory to the school principal or the school principal's designee.  For the purposes of this paragraph, the principal's designee may be the school district governing board.

4.  TheIf the child iswill overattend fourteenhomeschool, the child has not reached eight years of age by September 1 of the school year and isthe employed,person withwho has custody of the consentchild does not desire to begin home instruction until the child has reached eight years of age, file an affidavit of intent pursuant to paragraph 2 of this subsection stating that the person who has custody of the child,child atdoes somenot lawfuldesire wageto earningbegin occupation.homeschool instruction.

5.  TheC. child is enrolled in a work training, career education, career and technical education, vocational education or manual training program that meets the educational standards established and approved by the department of education.

6.  TheAn affidavit of intent shall be filed within thirty days from after the time the child wasbegins either:to attend a private school or homeschool and is not required thereafter unless the private school or the homeschool instruction is terminated and then resumed.  The person who has custody of the child shall notify the county school superintendent within thirty days of after the termination that the child is no longer being instructed at a private school or a homeschool.

(a)  SuspendedIf andthe notprivate directedschool toor participatehomeschool ininstruction anis alternativeresumed, educationthe program.person who has custody of the child shall file another affidavit of intent with the county school superintendent within thirty days.

(b)  ExpelledD. from a public school as provided in article 3 of this chapter.

7.  TheA childperson is enrolledexcused infrom anthe educationduties programprescribed provided by asubsection stateA educationalor B of this section if any of the following is shown to the satisfaction of the school principal or otherthe institution.school principal's designee:

E.  Unless1. otherwise exempted in this section or section 15‑803, a parent of a child between six and sixteen years of age or a person who has custody of a child, who does not provide instruction in a homeschool and who fails to enroll or fails to ensure that the child attends a public, private or charter school pursuant to this section or fails to sign a contract to participate in an Arizona empowerment scholarship account pursuant to section 15‑2402 is guilty of a class 3 misdemeanor.  A parent who fails to comply with the duty to file an affidavit of intent to provide instruction in a homeschool is guilty of a petty offense.

F.  IfThe a child willis be educated pursuant to an Arizona empowerment scholarship account pursuant to section 15‑2402, the department of education shall provide a list of students participating in Arizonasuch empowermentphysical scholarshipor accountsmental tocondition thethat schoolinstruction superintendentis ofinexpedient theor countyimpracticable. where the pupil resides.

G.  For2. the purposes of this section:

1.  "EducatedThe pursuant to an Arizona empowerment scholarship account" means a child whose parent has signedcompleted a contract pursuant to section 15‑2402 to educate the childhigh outside of any school districtcourse orof charterstudy schoolnecessary andfor incompletion whichof thetenth parentgrade mayten butas isprescribed notby required to enroll the childstate inboard a private school or to educate the child through any of theeducation. methods specified in section 15‑2402.

2.  "Homeschool"3. 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.

3.  "PrivateThe school"child meanshas apresented nonpublicreasons institution,for othernonattendance thanat thea child'spublic home,school wherethat academicare instructionsatisfactory isto providedthe forschool atprincipal leastor the sameschool numberprincipal's designee.  For the purposes of daysthis andparagraph, hoursthe eachprincipal's yeardesignee asmay abe publicthe school.school district governing board.

4.

The child is over fourteen years of age and is employed, with the consent of the person who has custody of the child, at some lawful wage earning occupation.

5.

The child is enrolled in a work training, career education, career and technical education, vocational education or manual training program that meets the educational standards established and approved by the department of education.

6.

The child was either:

(a) Suspended and not directed to participate in an alternative education program.