Arizona Laws 15-828. Birth certificate; school records; exception
A. On enrollment of a pupil for the first time in a particular school district or private school offering instruction to pupils in any kindergarten programs or grades one through twelve, that school or school district shall notify the person enrolling the pupil in writing that within thirty days the person must provide one of the following:
Terms Used In Arizona Laws 15-828
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Charter school: means a public school established by contract with the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts pursuant to article 8 of this chapter to provide learning that will improve pupil achievement. See Arizona Laws 15-101
- enrollment: means that a pupil is currently registered in the school district. See Arizona Laws 15-901
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Parent: means the natural or adoptive parent of a child or a person who has custody of a child. See Arizona Laws 15-101
- person: means an individual, partnership, corporation, association or public or private organization of any kind. See Arizona Laws 15-101
- Person who has custody: means a parent or legal guardian of a child, a person to whom custody of the child has been given by order of a court or a person who stands in loco parentis to the child. See Arizona Laws 15-101
- Private school: means a nonpublic institution where instruction is imparted. See Arizona Laws 15-101
- School district: means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school. See Arizona Laws 15-101
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
1. A certified copy of the pupil’s birth certificate.
2. Other reliable proof of the pupil’s identity and age, including the pupil’s baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.
3. A letter from the authorized representative of an agency having custody of the pupil pursuant to Title 8, Chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law.
B. If a child is instructed at home pursuant to section 15-802, the person who has custody of the child shall, within thirty days after the home instruction begins, provide to the county school superintendent of the county in which the child resides one of the following:
1. A certified copy of the child’s birth certificate.
2. Other reliable proof of the child’s identity and age, including the child’s baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.
3. A letter from the authorized representative of an agency having custody of the pupil pursuant to Title 8, Chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law.
C. On presentation of a document pursuant to this section, a photocopy of the document shall be placed in the pupil’s file and the document that is presented shall be returned.
D. A pupil shall be enrolled in the school or school district, or the county school superintendent shall record the pupil’s name, using the name that is printed on the birth certificate, other reliable proof of the pupil’s identity, or letter from an agency having custody of the pupil provided pursuant to this section. This subsection does not prohibit a school or school district from calling a pupil by any name the pupil’s parent or guardian wishes the pupil to be called.
E. On the failure of a person enrolling a pupil or instructing a child at home to comply with subsection A or B of this section, the school, school district or county school superintendent shall notify that person in writing that, unless the person complies within ten days, the case shall be referred to the local law enforcement agency for investigation. If compliance is not obtained within the ten-day period, the school, school district or county school superintendent shall refer the case to the local law enforcement agency.
F. The school, school district or county school superintendent shall immediately report to the local law enforcement agency any affidavit received pursuant to this section that appears to be inaccurate or suspicious in form or content.
G. Within ten school days after enrolling a transfer pupil from a private school or another school district, a school shall request directly from the pupil’s previous school a certified copy of the pupil’s record. Notwithstanding any financial debt owed by the pupil, any school requested to forward a copy of a transferring pupil’s record to the new school shall comply and forward the record within ten school days after receipt of the request unless the record has been flagged pursuant to section 15-829. If the record has been flagged, the requested school shall not forward the copy and shall notify the local law enforcement agency of the request. School districts shall include in the educational records required by this subsection data collected pursuant to sections 15-741 and 15-766, as prescribed by the state board of education.
H. Any disclosure of educational records by the school district or charter school shall comply with the family educational rights and privacy act of 1974 (20 United States Code § 1232g).
I. This section does not apply to homeless pupils as defined in section 15-824, subsection C.