Legal / Legislative Updates

Maricopa revises incorrect form

In fall 2006, the Ritter* family notified the Maricopa County school superintendent that their son had graduated from high school and was no longer being homeschooled. About a week later, the family received a letter from Maricopa’s homeschool coordinator, stating that Arizona law required the family to complete an enclosed “Homeschool Withdrawal Form” and have it notarized in order to withdraw their son from their homeschool.

After reviewing the form, the family did not believe they were required to complete it, so they contacted Home School Legal Defense Association for help.

HSLDA Attorney Thomas Schmidt reviewed the form and confirmed that it was not required. While state law does require parents to notify the county when their child is no longer being taught at home, no special form is required. Additionally, a parent is required to notify the county superintendent of a child’s withdrawal from homeschooling only if the child is of compulsory attendance age (between 6 and 16). Because their son was 18, Mr. and Mrs. Ritter were not even legally required to notify the county that he had graduated.

At the request of Mr. and Mrs. Ritter, HSLDA contacted Maricopa County to discuss the withdrawal form. The county admitted that parents are not legally required to submit a notarized affidavit when their child is no longer taught at home and that the duty to notify only applies when a child is of compulsory attendance age.

At HSLDA’s request, Maricopa County amended their “Homeschool Withdrawal Form” to eliminate the notarization requirement and agreed that parents could not be forced to complete the form. The Ritters were not required to submit any additional information.

— by Thomas J. Schmidt