Arizona bill aims to give ESA students better access to district extra-curricular activities

By Stacy Mantle
Mail

When parents filled the boardroom in Payson in late September, they weren’t asking for a new educational program or facility. They simply wanted their children, many educated at home, to have a chance to sing in choir, march in a band or play a season of basketball.

It's a conflict playing out in districts across the state.

Arizona’s open-enrollment system means families can choose where and how their students learn, but extracurriculars often remain tethered to neighborhood schools. State law requires districts to allow homeschool students who reside in their boundaries to try out for interscholastic activities “in the same manner” as enrolled students, however it does not necessarily apply to ESA recipients. 

"Arizona law acknowledges the distinction between a homeschool student who files an affidavit of intent to homeschool and a student who participates in the ESA program," said Kevin Boden, director, legal and legislative advocate for the Home School Legal Defense Association. 

But practice on the ground shows sharp differences in fees and access for homeschooled and ESA students. The difference is seen in the way these programs are set up.

"One family files a document while the other family signs a contract with the state,” said Boden. “Arizona law allows for homeschool students to participate in public school interscholastic activities 'in the same manner as a pupil who is enrolled in that public school.'  This includes fees that are charged, meaning that a homeschool student may only be charged the same fees as students enrolled in the school. There is no corresponding law for ESA students."

Fees vary across districts

The fees to participate in sports, band and other extra-curricular activities vary widely across the state. In Dysart Unified, students pay $150 per activity with caps of $300 per student and $600 per family — fees that apply equally to homeschoolers under the statute.

But in Yuma Union High School District, board-approved fees for ESA students are $650 per sport, more than 10 times what enrolled students pay.  In smaller rural districts like Payson, homeschool families face an $800 charge for a first sport, with no individual or family cap.

Some districts are banning ESA students from competing at all. In 2024, Fountain Hills Unified School District voted not to allow ESA students to compete, arguing they are not defined as “homeschool” under state law and should not access taxpayer-funded athletics while receiving state voucher dollars. 

"We believe it is good and helpful to have laws that recognize the distinct categories of students may be in, especially in light of the education in innovation," said Boden. "In this case, homeschool students filing an affidavit are distinct from a family participating in the ESA program, and it is appropriate for the law to acknowledge this distinction."

Disproportionate impact on rural districts

Statewide, the financial stakes are large. About 60,000 students accepted ESA vouchers this year, with projections of 100,000 applicants next year at a cost near $1 billion.

Advocates argue the ESA program saves money because the average voucher is about $1,000 less than what the state would pay districts, though critics counter special education awards can exceed $15,000, pushing the average much higher.

Rural districts already struggling with declining enrollment, dissatisfied teachers leaving the profession and chronic absenteeism bear the sharpest pain. With limited private schools nearby, families may have few choices beyond homeschooling. Meanwhile,  districts continue to lose revenue without being able to reduce fixed costs like buildings or transportation.

"Arizona’s public schools have long welcomed local homeschool students to try out for sports teams, and that continues," said Beth Lewis, executive director for Save Our Schools. "However, when families choose to accept an ESA voucher funded by taxpayer dollars siphoned away from the local public school, it is more than reasonable for the school to ask for a participation fee."

Legislative work on the horizon

Lawmakers have taken notice of the confusion. Senate Bill 1693, introduced this year, would guarantee ESA-funded students the same extracurricular access as traditional homeschoolers.

The bill would:

• Allow nonpublic students, including ESA-funded, private-school and homeschool students, to participate in sports, band and other extracurriculars at their zoned public school.
• Prevent schools from charging more than a student’s fair “pro rata” share of program fees, ensuring ESA participants are not billed at higher rates than enrolled peers.
• Require equal eligibility standards for academics, behavior and health, while clarifying that ESA students may only participate in activities not already offered through their private or home program.

Supporters argue SB 1693 closes a gap in current law. While state law protects affidavit homeschoolers, ESA families have no guaranteed participation rights, leaving them subject to uneven district policies and higher fees.

Not all agree with this approach. 

"Sports aren’t free, and neither are vouchers," said Lewis. "Vouchers come at a high cost to community schools, which are currently closing sports programs because they cannot afford the required coaches, uniforms, buses, bus drivers and facilities."

If adopted, SB 1693 could make fee schedules and eligibility uniform statewide, preventing disputes like the ones unfolding in Payson, Fountain Hills and other districts.

Critics, however, worry about further unfunded mandates on schools already stretched by enrollment declines and limited state funding.

“Like other educational advocates, we have a desire that all children in Arizona receive a quality education, whether that be in public school, private school, homeschool, pursuant to an ESA or otherwise,” said Boden.

Editor’s note: A grant from the Arizona Local News Foundation made this story possible. The foundation awarded 15 newsrooms to pay for solutions-focused education reporters for two years. Please submit comments at yourvalley.net/letters or email them to AzOpinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines.