If you’ve started homeschooling in the last decade or so, you may not be aware of the history of Arizona’s homeschool laws and the freedom that has been gained since the early 1990s.

 Thanks to Arizona Families for Home Education, you enjoy one of the best homeschool laws in the nation. The reason our law is so good is that it is simple and objective. All a parent needs to do is file an Affidavit of Intent to Homeschool with the county school superintendent within thirty days of starting to homeschool. That’s it! The law requires no student testing, no parent testing, no curriculum review, and no hours of instruction review.

Your father’s law, however, was entirely different. Yes, it was simple, but it was also subjective. The original 1912 state statues required schooling through the eighth grade by a competent teacher.

 The rub came in the definition of a “competent” teacher. Now we all know what a competent teacher is, right? It is a homeschooling mom and dad! However, the education bureaucrats in the 1970s decided it should be a state certified teacher.

 They were so certain of their course of action that they made violation of the law a misdemeanor. That meant courts, fines, and jail time for some homeschoolers, and fear and intimidation for most others. The last parent in Arizona to be jailed for the dastardly crime of homeschooling was Tom Sidar, a resident of Apache Junction. The year was 1991.

 There were some crazy misconceptions about homeschooling in the days of your father’s law. In one debate on the House floor in 1982, a legislator asked, “Why are we having this discussion? After all, the children belong to the state.” At that point, Representative Jim Skelly of Scottsdale leaped to his feet and said, “I beg to differ. Children are a gift from God for parents to raise.”

 On another occasion, when ritualistic cattle killings were filling the headlines of the Arizona Republic and Phoenix Gazette, a legislator asked me, “Mr. Lewis, how many homeschoolers drink blood and do animal sacrifice?” Wow! How do you answer such an absurd question?

Misconceptions aside, your father’s law also had quirks. In 1981, the parent doing the schooling—usually mom—was required to take and pass the Arizona Teacher Proficiency Examination (ATPE) before starting to homeschool. The ATPE consisted of three modules (reading, writing, and arithmetic) and was offered quarterly, rotating between venues near the three state universities. So, for example, a parent wanting to homeschool in Flagstaff, depending on the time frame, had to travel to Tucson to test. God forbid that they failed one of the modules because that meant waiting several months to test at another location. And, to top it all off, home educators had to pay to take the test.

 Not surprisingly these homeschool moms outperformed university education graduates who had spent thousands for their degree. And those degrees were a bargain in the 1980s compared to today! The homeschooling moms outperformed the college grads by preparing with a $2.95 book entitled Studying for the GED. Over time the testing portion of the homeschool law grew to better accommodate home educators. In the end, the ATPE was rescinded, collapsing under its own weight because of minority discrimination issues.

 Another quirk of your father’s law was standardized testing. There was only one test to choose from and we had to pay for it. More unfortunately, no publishers at that time would sell it to a homeschool. So we were stuck trying to find a public or private school that would accommodate testing our children.

 Then the test results were subjectively evaluated with different criteria from county to county. I remember a situation where a child who was testing in the 60th percentile two years in a row was deemed “not progressing academically.” And, yes, we had to pay for those silly evaluations, too.

From 1995–1999 the law evolved into, essentially, what we have today: one of the very best homeschool laws in the nation!

 During that timeframe, we gained:


Thanks to SB 1348, which originated with then-Senator John Huppenthal.


Now a homeschooled student in Arizona can go out for football just like Tim Tebow did in Florida.


Thanks to Bethany’s Law, written by a 17-year-old homeschool student, homeschool graduates have access to scholarships at our three state universities.

Hopefully this brief account will motivate you to protect the great homeschool law you inherited. Protect it for the sake of your children. Protect it for the sake of your children’s children. After all, I want to spend my golden years playing with my grandchildren, not lobbying at the Arizona Capitol.


This article by Tom Lewis, AFHE Legislative Liaison and former AFHE Board Member, originally appeared in the Fall 2013 Arizona Home Education Journal.

Tom Lewis has been active in the homeschool movement since the mid-1980’s. He served on the board of Arizona Families for Home Education (AFHE) for over 12 years. During this time he served as President, Director of Public Relations, and Director of Legislative Affairs. In addition, Tom launched the AFHE Scholarship program. Tom played a crucial role in those early years in developing a positive media image of homeschooling, unifying homeschoolers at the Capitol, and architecting the strategy that led to Arizona’s exceptional homeschool law. Tom and his wife Colene live in Gilbert where they completed homeschooling their three daughters. These three now-married daughters have provided them with eight beautiful grandchildren and more exciting times as the next generation starts the homeschool adventure.

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