HOMESCHOOLING IN FLORIDA & HOMESCHOOL LAWS
You may be considering homeschooling your children in Florida, but don’t know where to start regarding Florida laws and requirements. This guide will walk you through what you need to know to successfully set up your own homeschool program legally in Florida. We’ll cover the history of homeschooling in Florida, current Florida laws and regulations, required notifications and filings, curriculum and testing choices, high school transcripts, extracurricular activities, graduation requirements, and special education services.
History of Homeschooling in Florida
Homeschooling in Florida has indeed experienced a notable evolution, shaped by legislative reforms and shifting educational paradigms. A significant turning point occurred in 1985 with the passage of the Home Education Program Act of the Florida laws. This pivotal legislation not only granted explicit recognition to parents’ rights to educate their children at home but also established the foundational legal framework for homeschooling statewide.
Prior to the enactment of the Home Education Act, homeschooling in Florida operated within a precarious legal landscape. Families opting for this educational path often found themselves navigating the uncertainty of potential legal repercussions for truancy. The Florida law brought much-needed clarity and protection, affirming the autonomy of parents in directing their children’s education.
Following the formal legalization of homeschooling under Florida law, its popularity in Florida has experienced a steady ascent. Data from the 2020-2021 academic year reveals a significant increase in participation, with approximately 143,431 private school students enrolled in home programs, representing about 5% of the total K-12 student population. This surge marks a substantial rise from the 41,128 homeschool students reported in the 2000-2001 school year.
The onset of the COVID-19 pandemic served as a catalyst for a heightened interest in homeschooling. Faced with disruptions to traditional schooling models, many families sought out home education as a viable alternative. While precise statistics are pending, anecdotal evidence suggests a notable spike in homeschooling rates during the pandemic years.
Today, Florida stands as a shining example of homeschooling friendliness, characterized by laws that afford parents significant flexibility and autonomy in educational decision-making. Unlike some states with more stringent regulations, Florida’s homeschooling requirements primarily focus on parental notification, record-keeping, and annual evaluations, eschewing burdensome oversight or approval procedures.
Current Florida Laws and Regulations
In Florida, homeschooling operates under a defined legal structure outlined in the Florida law Statute 1002.41, which delineates the parameters of home programs. The Florida law defines a “home education program” as sequentially progressive instruction of a student directed by his or her parent. Under this Florida statute, a home program is distinct from a district program and is registered with the district school superintendent solely to fulfill the state’s attendance requirements as per Florida Statute 1003.21(1). Importantly, Florida homeschool parents are not mandated to hold a valid regular Florida teaching certificate or a college degree to oversee their child’s homeschooling under Florida laws.
The process begins with the home educators notifying the district school superintendent of their intent to establish and maintain a home program with a letter of intent, providing necessary details within 30 days of program establishment in accordance with homeschool laws in Florida. Once the notification is received, the district school superintendent registers the home program without requiring additional information unless the student opts to participate in a district program or service.
Upon completion of the home program, parents must file a written notice of termination along with the annual evaluation within 30 days of program termination in compliance with Florida law. The evaluation process entails maintaining a homeschool portfolio of records and materials, including educational activity logs and samples of student work. Additionally, homeschool parents are responsible for conducting an annual evaluation, selecting from various assessment options outlined in the homeschool laws in Florida, and filing the evaluation annually with the district school superintendent’s office.
The Florida statute also addresses how to homeschool in Florida including procedures for evaluating a student’s educational progress, the continuation of the home program, provisions for interscholastic extracurricular activities, participation in scholarship programs, dual enrollment, and admission to higher education institutions.
Furthermore, it stipulates access to testing and evaluation services for Florida homeschool students, eligibility for exceptional student education-related services, career and technical courses, industry certifications, and statewide assessments. Importantly, it prohibits school districts from imposing additional regulations or documentation requirements beyond those specified in the Florida statute, except where necessary for participation in a district program.
How to Set Up a Homeschool In Florida
In Florida, parents have three legal options for homeschooling their children. Once you’ve decided which option best suits your family’s needs, follow the corresponding steps outlined below to proceed with homeschooling in accordance with Florida homeschool laws.
Option 1: Homeschooling Under the Homeschool Statute
File a Notice of Intent to Homeschool: Within 30 days of commencing your program, submit a notice of intent or letter of intent to establish a home program to the county superintendent. This notice is not required annually under Florida homeschool laws. Ensure it includes the full legal names, addresses, and birthdates of your homeschool students. The superintendent is obligated by state law to accept and promptly register the program. The local school board or district cannot request additional information unless the student opts for participation in a public school program or service. A grade level cannot be assigned, and personal information like Social Security numbers must not be included in state or district databases unless the student opts into public school programs or services by state law.
Maintain a Portfolio: Throughout the academic year, maintain a portfolio of records and educational materials, including:
A contemporaneously kept log of educational activities, noting titles of reading materials used.
Samples of student work such as writings, worksheets, and creative projects.
Keep this portfolio for two years after completion. The district school superintendent or their agent may review it upon 15 days’ written notice, although such review is not mandatory.
Provide sequentially progressive instruction to your own children to satisfy Florida’s compulsory education requirements. Every year, each student must undergo evaluation by one of the following methods:
Assessment by a teacher with a valid regular Florida teaching certificate chosen by the parent, including portfolio review and student discussion.
Taking a nationally normed student achievement test administered by a Florida certified teacher.
Taking a state student assessment test used by the school district and administered by a certified teacher at an approved location.
Evaluation by a licensed psychologist in Florida.
Evaluation using any other agreed-upon valid measurement tool.
Upon completion of your student’s homeschool program or relocation out of the county, submit a notice of termination to the county superintendent within 30 days. Include a copy of your child’s final annual assessment if they are graduating from high school. If you move to a different county in Florida, file a new notice of intent. While no assessment is typically required when moving counties during the school year, it’s advisable to provide your annual assessment if the move coincides closely with your anniversary date.
Option 2: Homeschooling Under a Private School “Umbrella” Program
You have the option to enroll your child in a private school registered with the Florida Department of Education, which can provide oversight for your homeschool program. These Florida private schools, commonly referred to as an “umbrella” school or “cover” schools, take on the responsibility of supervising your homeschooling efforts instead of local school authorities.
As a parent, it’s crucial to verify that the private school you choose for your child’s enrollment complies with all state-mandated private school requirements in Florida. This ensures that your child’s education is conducted within a framework that meets the necessary legal standards set by the state.
Option 3: Homeschooling with a Private Tutor
Choose certified teachers which is a qualified tutor for your child who holds a valid Florida teaching certificate for the subjects or grade level they will be teaching. This ensures that your child receives instruction from a qualified educator who meets the state’s standards.
Ensure that the certified teacher serving as your child’s tutor maintains comprehensive records and submits reports as mandated by both state regulations and district school boards, as outlined in Florida Statute 1003.23. Keeping accurate records is essential for compliance and monitoring your child’s academic progress.
Ensure that your child receives instruction for the required number of days, typically 180 days or the equivalent on an hourly basis. Meeting this requirement ensures that your child receives a full academic, entire school year’s worth of instruction, as mandated by Florida education standards.
Maintaining Your Florida Homeschool
Maintaining homeschooling in Florida involves several key steps to ensure compliance with state regulations and provide a well-rounded education for your child. Here’s a comprehensive guide:
Select Homeschooling Option: Choose one of the legal options for homeschooling in Florida, such as establishing a homeschooling program or enrolling your child in a private umbrella school.
File Notice of Intent: If you opt for a homeschooling program, file a notice of intent or letter of intent with the county superintendent within 30 days of commencing homeschooling. Include required information such as full legal names, addresses, and birthdates of your homeschool students.
Maintain Records: Throughout the academic year, keep detailed records of educational activities, curriculum materials used, and samples of your child’s work, including creative materials. This portfolio serves as documentation of your child’s progress and may be subject to review by educational authorities.
Provide Instruction: Ensure that your child receives instruction in the required subjects, including reading, writing, math, science, and social studies. Tailor the curriculum to your child’s learning style and interests while meeting state educational standards.
Fulfill Instructional Hours: Ensure that your child receives the required number of instructional hours or days, typically 180 days per academic year. Keep a record of attendance to demonstrate compliance with state regulations.
Annual Evaluation: Conduct an annual evaluation of your child’s educational progress using one of the approved assessment methods outlined in the Florida statutes. Submit the evaluation results to the county superintendent’s office as required.
Notice of Termination: If you decide to discontinue homeschooling or relocate out of the county, submit a notice of termination to the county superintendent within 30 days. Include any required documentation, such as final evaluation results or transcripts.
Stay Informed: Stay informed about changes to homeschooling laws and regulations in Florida. Join homeschooling associations, attend workshops or seminars, and connect with other homeschooling families for support and resources.
By following these steps and staying informed about legal requirements and educational best practices, you can effectively maintain homeschooling in Florida while providing your child with a quality education tailored to their individual needs and may even be able to explain to others how to be homeschooled in Florida!
Florida Homeschool Reporting Requirements
As previously discussed, homeschooling in Florida entails two critical points of interaction with the local school district:
Notice of Intent: Within the initial 30 days of commencing homeschooling, parents must submit a notice or letter of intent to the district superintendent. This notice should comprehensively detail the names, addresses, and birth dates of the homeschooled students.
Annual Educational Evaluation: Annually, parents are required to furnish the district superintendent with an educational evaluation reflecting their child’s progress. This evaluation can be conducted through one of five approved methods:
Portfolio review by a certified teacher
Nationally-normed achievement test administered by a certified teacher
State student assessment test administered by a certified teacher
Psychological or educational progress evaluation by a school psychologist, licensed psychologist, or certified teacher
Agreement upon any other valid measurement tool between the parent and superintendent. Upon completion of the homeschooling program, it is imperative to file a notice of termination alongside the final annual educational evaluation.
Notably, these reporting obligations represent the sole mandated interactions between homeschooling families and their respective local school districts in Florida. Districts are explicitly prohibited from imposing additional requirements or soliciting further documentation beyond the stipulations outlined in state law.
In addition to the state-mandated records, it’s crucial to maintain the following key documents for your homeschool:
Attendance Records: Keep detailed student records of attendance to demonstrate compliance with the required number of instructional days.
Textbook and Workbook Information: Maintain information about the textbooks and workbooks used in your student’s curriculum for reference and documentation purposes.
Samples of Schoolwork: Retain samples of your student’s schoolwork to showcase their progress and achievements over time, including creative materials.
Correspondence with School Officials: Preserve any correspondence exchanged with school officials, including withdrawal forms if your child transitions from traditional schooling to homeschooling.
Portfolios and Test Results: Keep portfolios of your student’s work and any test results to provide evidence of their educational development and performance.
Other Relevant Documents: Store any additional documents demonstrating your child’s receipt of an appropriate education in compliance with state homeschooling laws.
Ensure to retain these records for at least two years to satisfy legal requirements and facilitate monitoring of your homeschooling program.
Furthermore, it’s advisable to maintain your student’s high and middle school records and proof of compliance with homeschooling laws indefinitely, including any notices filed with state or local officials. These documents serve as invaluable evidence of your child’s education and adherence to legal obligations throughout their high school years.
Florida homeschooling parents often provide remedial instruction to their children as needed, ensuring that their high school transcript reflects any necessary improvements, all while adhering to the homeschool evaluation requirements set by the state.
Homeschool Testing In Florida
Florida homeschoolers are not required to participate in Florida state standardized tests. However, as noted above, parents are required to furnish the district superintendent with an annual educational evaluation reflecting their child’s progress.
Funding Your Florida Homeschool
In Florida, homeschooling families predominantly finance their child’s education independently, assuming the financial responsibility for curriculum materials, resources, and any educational expenses. Unlike traditional public schools that receive funding from state and local taxes, homeschooling operates as a parent-directed private school option with minimal direct financial support from the state.
However, while homeschooling families primarily bear the financial burden, there are some avenues through which homeschool students can access certain educational benefits and funding opportunities. One notable avenue is the eligibility of home education students to enter institutions of higher learning and participate in state scholarship programs. For instance, homeschool students in Florida are eligible to apply for the Florida Bright Futures Scholarship Program, a merit-based scholarship program that provides financial assistance for post-secondary education.
Furthermore, homeschool students may also have access to scholarship programs specifically tailored to their needs. The Family Empowerment Scholarship – Unique Abilities (FES-UA) and the Personalized Education Program (PEP) are examples of scholarship initiatives offered through scholarship organizations, providing financial support and resources to private school students with unique learning needs, including homeschool students.
These scholarship opportunities serve to alleviate some of the financial burdens associated with homeschooling and provide homeschool students with access to higher education and additional educational resources. While families primarily finance the education of their homeschooled children independently, these scholarship programs offer valuable support and opportunities for homeschool students in Florida.
Federal Tax Breaks
Homeschooling families may be eligible for certain federal tax benefits to help offset educational expenses. One option is a Coverdell Education Savings Account, which allows money to grow tax-free when used for qualified education costs. Homeschool parents might also be able to deduct a portion of mortgage interest or rent if part of the home is used regularly and exclusively for homeschooling. Finally, tax credits or deductions could be available for required books, supplies, equipment and curricula used for homeschool instruction. To learn more about these potential tax advantages, homeschooling families should review the information and resources provided by the IRS.
Florida Immunization Requirements
Under the homeschool law, children participating in home education programs are not subject to the same vaccination requirements as those enrolled in traditional schools.
However, the vaccination policies vary depending on the homeschooling option chosen by the family under Florida homeschool in vaccine laws. For instance, students enrolled in an umbrella or private school designated for homeschooling are typically required to meet the school’s vaccination requirements, and the school is responsible for maintaining vaccination records for its students. This policy aligns with standard vaccination protocols expected in traditional school settings.
Conversely, students homeschooled under the private tutor option are not mandated to adhere to vaccination requirements. Since private tutors provide instruction directly to the student without formal enrollment in an umbrella or private school, they operate under different regulations, exempting them from vaccination obligations.
These distinctions in vaccination policies underscore the varying regulatory frameworks governing homeschooling in Florida. While students in umbrella or private schools designated for homeschooling must meet vaccination requirements, those homeschooled students under the private tutoring program are exempt from such mandates, reflecting the flexibility and diversity inherent in the homeschooling laws in Florida.
Florida State Graduation Requirements
In the state of Florida, upon completing a home education program, students do not receive a diploma issued by the public school system. Instead, the legal document confirming that a child graduates a home education program is a signed affidavit of completion, typically provided by the student’s parent or guardian. This affidavit, in accordance with the requirements outlined in s.1002.41, F.S., serves as the official proof of completion.
According to the Florida statute., this affidavit holds significant weight and is considered equivalent to a high school diploma. State colleges and universities in Florida routinely accept this affidavit as evidence of high school completion, and it can be included on a student’s academic transcript or as part of a parent-issued diploma.
While not mandatory, some students opt to conclude their home education program by taking the General Educational Development (GED) test. Upon successfully passing the GED, students are issued a diploma by the Department of Education.
Overall, in Florida’s homeschooling system, the affidavit of completion serves as the primary document certifying the fulfillment of a home education program, with the option of pursuing additional credentials through the GED test for those who choose to do so.
Florida Homeschool Charters
Florida does not currently have any homeschool charter schools. Charter schools in Florida are public schools that operate under a performance contract with a school district or other authorized sponsor. Students enrolled in charter schools are considered public school students and are subject to the same state laws and regulations as traditional public schools.
However, Florida does offer several virtual education options that can provide flexibility and support for homeschool families:
Florida Virtual School (FLVS): FLVS is a state-funded online school that offers free part-time and full-time enrollment to all Florida students in grades K-12. Homeschoolers can take individual courses through FLVS to supplement their home education program, or they can enroll as full-time FLVS students, which would make them public school students.
District Virtual Instruction Programs (VIPs): Each school district in Florida is required to offer a virtual instruction program for students in grades K-12. These programs provide full-time online learning options for students within the district. Like FLVS, homeschoolers can use district VIPs for individual courses or full-time enrollment.
Virtual Charter Schools: Florida allows for the creation of virtual charter schools, which are publicly funded schools that provide online instruction. These schools are open to all students in the state, regardless of district boundaries. However, full-time enrollment in a virtual charter school would make a student a public school student, not a homeschooler.
While these virtual education options can provide resources and opportunities for homeschool students, it’s important to understand the distinction between enrollment in a public virtual school program and homeschooling under Florida’s home education law. Students who are enrolled full-time in FLVS, a district VIP, or a virtual charter school are considered public school students and must comply with all public school requirements, including state testing mandates.
Local Florida Homeschooling Resources
While Florida does not provide public funding specifically for homeschoolers, there are many local and state-level resources available to support and enrich home education:
Homeschool Support Groups and Co-ops: Most areas of Florida have active homeschool communities that offer classes, activities, field trips, and social events. These groups can be an invaluable source of information, resources, and connection for homeschool families.
Florida Parent-Educators Association (FPEA): FPEA is the state’s largest homeschool support and advocacy organization. They provide information, resources, events, and legislative advocacy for homeschoolers across Florida.
Libraries, Museums, and Community Centers: Many public institutions offer educational programs and resources specifically for homeschoolers, such as classes, workshops, and curriculum materials. Check with your local library, museum, zoo, aquarium, or community center to see what opportunities are available.
Dual Enrollment: Florida law requires all public colleges and universities to provide dual enrollment opportunities for homeschool students. This allows high school students to take college courses and earn both high school and college credit at no cost. Homeschoolers can participate in dual enrollment through their local public school district or directly with the college or university.
Extracurricular Activities: Homeschool students in Florida have the right to participate in interscholastic extracurricular activities at their local public school, including sports, music, clubs, and other programs. This allows homeschoolers to take advantage of the same enrichment opportunities as public school students.
Florida Virtual School: The Florida Virtual School offers a wide range of online courses that can supplement a homeschool curriculum. While full-time enrollment in the Florida Virtual School would make a student a public school student, homeschoolers can take individual courses through the Florida Virtual School Flex for free.
Online Learning Resources: There is a wealth of free and low-cost educational resources available online for homeschoolers, including curriculum materials, instructional videos, interactive learning games, and virtual field trips.
By tapping into these local resources and support systems, homeschool families in Florida can create a rich and engaging educational experience for their children. While homeschooling can seem daunting at first, there is a strong and vibrant homeschool community in the state ready to offer advice, encouragement, and practical support.
In conclusion, Florida is a homeschool-friendly state with a long history of supporting parents’ rights to direct the education of their children. The state’s laws provide a clear legal framework for home education while granting families a great deal of flexibility and autonomy. By understanding the legal requirements, available resources, and homeschool community in Florida, parents can confidently navigate the homeschool journey and create a successful educational experience for their children. When homeschooling. Florida laws will not prevent you from having a successful journey!
