Thoughts on Filing Affidavit of Intent to Homeschool

[SundayCrepes]

In our state you file a one time affidavit of intent to homeschool and you are done forever with the school system.

I've heard some folks choose not to file this. They don't want to inform the authorities where their kids are in case the state changes its laws and wants testing (or anything else) done.

I've read here a few times where CPS has erroneously removed children and homeschooling is a big part of that. I wonder if failure to file the affidavit could be a big problem in that situation, especially for unschoolers.

What are everyone's thoughts? Do you have any direct experience with this?

Thanks

[Momma Aimee]

my thoughts for what little they worth ...

I'd file.

I like to stay above board at all time, and be legal. You can't tel what you might want to do someday, better to be current and legal all the time, rather than try to play catch up later; and risk looking like you had something to hide.

you are legally allowed to home school -- so do it -- but to ME anyway not filling out forms or seeking to avoid reporting requirments is kinda like hidding, and you don't hide what you are fully within your rights to do. JMO

I worked at a youth shelter and was a foster care mom. I can't say -- as I was not CPS, and it would be a judge who siad to remove children short of immeidate physical danger (meth house, etc) -- but i do know that in the kids i had from homeschooling families; the families that simply documented their complaince with local homeschooling requirments had THAT aspect of the case "checked off" -- however in a couple of cases the families fought about homeschooling (not why the children were pulled) and that just slowed down the whole process by "adding to" what the Social worked had to weed though -- yk?

I don't see, imo, any reason to be sneaky or less than 100% compliant and above board TODAY out of concern fro what COULD, maybe, happen tomorrow. Planning is important, but only to a realistic level.

That being said, I do not see CPS as the enemy; so i do not take that mind set.

[skueppers]

I wouldn't do it. If the state law requires you to file the affidavit, then not filing it puts you and your children at risk.

If you are caught (which around here would be a virtual certainty), it will be a lot of hassle and may lead to undesirable outcomes. You might check with the HSLDA, if you are a member. I know they are able to provide advice on this subject, as I attended a talk they gave about legal issues in my state at which this was addressed.

[MommaCrystal]

My husband and I have been going back and forth about this ourselves. It is NOT required in my state, but once you do you can be subject to a portfolio review a the whim of your local school district. Most districts don't have the staff nor the interest. Most lifetime homeschoolers I know get called maybe once or twice three times at most. Some never do.

A home school association we belong to encourages you to do it. But, like I said, it is NOT a requirement in our state. Just a recommendation.

My husband and I are torn.

[skueppers]

Originally Posted by MommaCrystal

A home school association we belong to encourages you to do it. But, like I said, it is NOT a requirement in our state. Just a recommendation.

If it weren't required, I wouldn't do it.

What benefit does filing offer in you state?

[MommaCrystal]

Originally Posted by skueppers

If it weren't required, I wouldn't do it.

What benefit does filing offer in you state?

Nothing. It puts in a position to possibly have to present to the school board.

Our association argues that if we don't want more regulation we should comply with the recommendation so that we don't appear to be hiding anything.

Honestly I just don't want to be bothered.

[ocelotmom]

I'm in a state like this. You sign a one-time Notice of Intent stating that you take responsibility for your child's education, and you're done with it, assuming you don't move, put your child into public school, or change their name.

If you don't file within the specified time period, the kids are legally truant, and it would undoubtedly contribute to, or potentially be the cause of, a CPS investigation or other legal trouble.

[Lillian J]

People who won't comply with the laws are often the cause of rumors and paranoia that authorities are out to hassle homeschoolers, when authorities are usually just out to hassle people who won't comply with the laws. One of my pet peeves. If a family has not complied with the laws, especially such a non-invasive one as you mention, it opens them up to suspicion as to why not. What are they hiding? And what kind of regard do they have for the law? Etc. A lot of people find it hard to believe that they really have the freedom to not send their children to school, so they often project a lot more disapproval on the part of the state governments than what's there. I'd definitely file. Lillian

[zeldamomma]

I'd file if it were legally required. I'm guessing that most people who homeschool without filing never get caught, but knowing that we were doing something illegal would terrify me. We would do far less out of the house during the school day in that situation.

If you are concerned about the future direction of the homeschool laws in your state, get involved in your statewide homeschool association.

[SundayCrepes]

Originally Posted by zeldamomma

If you are concerned about the future direction of the homeschool laws in your state, get involved in your statewide homeschool association.

I'm actually not concerned. We live in ultra-conservative Arizona. I don't think the conservatives will let them change the homeschooling laws. I'm also not naive. Weirder things have happened. Again, I'm also not naive about the laws. It makes sense to me to just file the paperwork, but I can understand the other side of this equation and I just want other people's impressions. So thanks for them. Especially Momma Aimee. It's good to hear from someone with some experience in the field.

[weliveintheforest]

I'd find out if it were truly legally required. Required by who? What's the penalty for refusing (aside from CPS)?

[Lillian J]

Originally Posted by weliveintheforest

I'd find out if it were truly legally required. Required by who? What's the penalty for refusing (aside from CPS)?

I don't know what state the OP lives in, but having to do a one time affidavit filing is pretty much as good as it gets in the states. In CA, you file one once a year, which is no big deal at all, but there are some states where you have to come up with all sorts of things to show you're meeting standards. The penalty would be in regard to the situation that your child is considered truant - because filing the affidavit is just your way of showing that you're following a legal alternative to compulsory school attendance, so not filing one would leave them in the dark and wondering why your child is not in school. And once they start wondering about that sort of thing, you've called unnecessary scrutiny to yourself. - Lillian

[SundayCrepes]

Our county superintendant's website states:

Unless otherwise exempted in A.R.S. §15-802 or A.R.S. §15-803, a parent of a child between six (6) and sixteen (16) years of age or person who has custody of a child, who does not provide instruction in a home school and who fails to enroll or fails to ensure that the child attends a public, private, or charter school pursuant to these sections 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 home school is guilty of a petty offense.

I think a petty offense is pretty small.

Also, you can opt to delay education until age 8. You just need to file for that as well.

[SundayCrepes]

My son is 4.5. I've already started tracking homeschooling expenses in my quicken registry. I'm also buying many sonlight books (those books are a specific subset of my homeschools:sonlight tracking.) I am documenting that we are homeschooling, at least the financial end of it.

[PGTlatte]

If it was legally required in my state, I absolutely would file it.

Since it is not legally required in my state, I won't.

Some districts here "request" it, but the form at the state board of education's website says right on the form that registration is voluntary. The districts or regional superintendents do not have the authority to make it required here.

I do keep a prepared "letter of compliance". If anyone ever shows up here to check on us, I will hand the letter of compliance out the door to assist them in their inquiry.

[Dar]

I didn't file when we lived in Arizona. At that time, testing wasn't required but it had been in the fairly recent past. Also, the penalty for not filing was a $50 fine and you had to file. At the time, I figured I'd rather risk having to pay $50 than get into the system

I'm not sure what I'd do today, but that's what I did ten years ago.

[SundayCrepes]

I think it's a $200 fine if you don't file (and get caught.)

Here's a link to the affidavit you have to submit, in case anyone's interested:

http://www.schools.pima.gov/images/u.../affidavit.pdf

[Savoir Faire]

A law is a law. That's all we had to do here, and I have to admit I didn't want to do it.

But I'd rather keep my kids than have CPS show up.

[Momma Aimee]

Originally Posted by Lillian J

I don't know what state the OP lives in, but having to do a one time affidavit filing is pretty much as good as it gets in the states. In CA, you file one once a year, which is no big deal at all, but there are some states where you have to come up with all sorts of things to show you're meeting standards. The penalty would be in regard to the situation that your child is considered truant - because filing the affidavit is just your way of showing that you're following a legal alternative to compulsory school attendance, so not filing one would leave them in the dark and wondering why your child is not in school. And once they start wondering about that sort of thing, you've called unnecessary scrutiny to yourself. - Lillian

AZ

SundayCreeps -- i think you made the best choice by just turning in the paperwork.