Florida Education Code For Homeschooling
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Compulsory attendance - Between 6 and 16
years of age by February 1.
Parental education requirement? - No
State required subjects/courses - sequentially progressive
educational activities
Required number of hours per day per year - None
| Former |
Current |
|
| 228.041(34) |
1002.01(1) |
Definition
of home education |
| 228.041(16) |
deleted |
Definition
of School Year |
| 232.01 |
1003.21 |
School
Attendance |
| 232.02 |
1003.01(13) |
Regular
Attendance |
| 232.0201 |
1002.41 |
Home
Education Programs |
| 232.0202 |
1002.43 |
Private
Tutor Programs |
| 232.021 |
1003.23(2) |
Attendance
Records |
| 232.425 |
1006.15 |
Home
Ed/Extracurricular |
| 232.246 |
1003.43 |
High
School Graduation Requirements |
| 232.2462 |
1003.436 |
Definition
of Credit |
Florida Education Code: Sections Relevant to Homeschoolers
Effective January 7, 2003
1002.41
Home Education Program
(1) A "home education program" is defined in s 1 002.01. The parent is not required to
hold a valid regular Florida teaching certificate.
(a) The parent shall notify the district school superintendent
of the county in which the parent resides of her or his intent
to establish and maintain a home education program. The notice
shall be in writing, signed by the parent, and shall include
the names, addresses, and birth dates of all children who shall
be enrolled as students in the home education program. The notice
shall be filed in the district school superintendent's office
within 30 days of the establishment of the home education program.
A written notice
of termination of the home education program shall be filed
in the district school superintendent's office within 30 days
after said termination.
(b) The parent shall maintain a portfolio
of records and materials. The portfolio shall consist of the
following:
1. A log of educational activities that is made contemporaneously
with the instruction and that designates by title any reading
materials used.
2. Samples of any writings, worksheets, workbooks, or creative
materials used or developed by the student.
The portfolio shall
be preserved by the parent for 2 years and shall be made available
for inspection by the district school superintendent, or the
district school superintendent's agent, upon 15 days' written
notice. Nothing in this section shall require the district school
superintendent to inspect the portfolio.
(c) The parent shall provide for an annual educational evaluation
in which is documented the student's demonstration of educational
progress at a level commensurate with her or his ability. The
parent shall select the method of evaluation and shall file a
copy of the evaluation annually with the district school superintendent's
office in the county in which the student resides. The annual
educational evaluation shall consist of one of the following:
1. A teacher selected by the parent shall evaluate the student's
educational progress upon review of the portfolio and discussion
with the student. Such teacher shall hold a valid regular Florida
certificate to teach academic subjects at the elementary or secondary
level;
2. The student shall take any nationally
normed student achievement test administered by a certified
teacher;
3. The student shall take a state student assessment test
used by the school district and administered by a certified teacher,
at a location and under testing conditions approved by the school
district;
4. The student shall be evaluated by an individual holding
a valid, active license pursuant to the provisions of s. 490.003(7)
or (8); or
5. The student shall be evaluated with any other valid measurement
tool as mutually agreed upon by the district school superintendent
of the district in which the student resides and the student's
parent.
(2) The district school superintendent shall review and accept
the results of the annual educational evaluation of the student
in a home education program. If the student does not demonstrate
educational progress at a level commensurate with her or his
ability, the district school superintendent shall notify the
parent, in writing, that such progress has not been achieved.
The parent shall have 1 year from the date of receipt of the
written notification to provide remedial instruction to the student.
At the end of the 1-year probationary period, the student shall
be reevaluated as specified in paragraph (1 )(c). Continuation
in a home education program shall be contingent upon the student
demonstrating educational progress commensurate with her or his
ability at the end of the probationary period.
(3) A home education program shall be excluded from meeting
the requirements of a school day.
(4) Home education students may participate in interscholastic
extracurricular student activities in accordance with the provisions
of s. 1006.15.
(5) Home education students may participate in the Bright
Futures Scholarship Program in accordance with the provisions
of ss. 1009.53-1009.539.
(6) Home education students may participate in dual enrollment
programs in accordance with the provisions of s. 1007.27(4)
and 1007.271(10).
(7) Home education students are eligible for admission to
community colleges in accordance with the provisions of s. 1007.263.
(8) Home education students are eligible for admission to
state universities in accordance with the provisions of s. 1007.261.
(9) Home education program students may receive testing and
evaluation services at diagnostic and resource centers, in accordance
with the provisions of s. 1006.03(3).
Sections referred to above - Details
Parent's Right to Home Educate in order to meet compulsory
attendance
1002.20(2) Attendance
(a) Compulsory school attendance.- The compulsory school attendance
laws apply to all children between the ages of 6 and 16 years,
as provided in s. 1003.21(1) and (2)(a), and, in accordance with
the provisions of s. 1003.21(1) and (2)(a):
1. A student who attains the age of 16 years during the school
year has the right to file a formal declaration of intent to
terminate school enrollment if the declaration is signed by the
parent. The parent has the right to be notified by the school
district of the district's receipt of the student's declaration
of intent to terminate school enrollment.
2. Students who become or have become married or who are pregnant
and parenting have the right to attend school and receive the
same or equivalent educational instruction as other students.
(b) Regular school attendance.--Parents of students who have
attained the age of 6 years by February 1 of any school year
but who have not attained the age of 16 years must comply with
the compulsory school attendance laws. Parents have the option
to comply with the school attendance laws by attendance of the
student in a public school; a parochial, religious, or denominational
school; a private school; a home education program; or a private
tutoring program, in accordance with the provisions of s. 1003.01
(14).
1000.02 (1)(f) Legislative Policy:
To Ensure Independence, autonomy and nongovernmental status
for home education programs.
1001.21 Governance-Office of Private
Schools and Home Education Programs The state recognizes
the contributions of private schools and home education programs
in providing alternatives to public school education. These nongovernmental
educational systems serve the public, but are not considered
to be a part of the public system of education.
(1)The Office of Private Schools and Home Education Programs
is established within the Department of Education. The Department
of Education and the Commissioner of Education have no authority
over the institutions or students served by the office. The office
shall:
(a) Serve the interests of students and the parents of students
in private schools and home education programs.
(b) Serve the interests of private institutions.
(c) Provide general information to the public about private
and home education delivery systems.
(2) The Commissioner of Education shall appoint an executive
director for the office who shall:
(a) Serve as a source of communication between private schools,
home education programs, the Commissioner of Education, and the
State Board of Education.
(b) Evaluate pending policy to ensure that the policy does
not subject private schools and home education programs to additional
regulation or mandates.
(c) Establish a clearinghouse of information for the public.
(d) Foster a collaborative spirit and working relationship
among private schools, home education programs, and the public
sector.
(e) Identify and convey the best practices of private schools
and home education programs for the benefit of the public and
private education delivery sectors.
(f) Represent issues and concerns relating to home education
programs and private schools on all applicable ad hoc advisory
bodies.
1002.01
Definitionss.
(1 ) A "home education program" means the sequentially
progressive instruction of a student directed by his or her parent
in order to satisfy the attendance requirements of ss. 1002.41,
1003.01(4), and 1003.21(1).
(2) A "private school" is a non public school defined
as an individual, association, copartnership, or corporation,
or department, division, or section of such organizations, that
designates itself as an educational center that includes kindergarten
or a higher grade or as an elementary, secondary, business, technical,
or trade school below college level or any organization that
provides instructional services that meet the intent of s. 1003.01(14)
or that gives preemployment or supplementary training in technology
or in fields of trade or industry or that offers academic, literary,
or career and technical training below college level, or any
combination of the above, including an institution that performs
the functions of the above schools through correspondence or
extension, except those licensed under the provisions of chapter
1005. A private school may be a parochial, religious, denominational,
for-profit, or nonprofit school. This definition does not include
home education programs conducted in accordance with s. 1002.41.
Parent's Right to Home Educate in order to meet compulsory
attendance
1002.20(2) Attendance
(a) Compulsory school attendance.- The compulsory school attendance
laws apply to all children between the ages of 6 and 16 years,
as provided in s. 1003.21(1) and (2)(a), and, in accordance with
the provisions of s. 1003.21(1) and (2)(a):
1. A student who attains the age of 16 years during the school
year has the right to file a formal declaration of intent to
terminate school enrollment if the declaration is signed by the
parent. The parent has the right to be notified by the school
district of the district's receipt of the student's declaration
of intent to terminate school enrollment.
2. Students who become or have become married or who are pregnant
and parenting have the right to attend school and receive the
same or equivalent educational instruction as other students.
(b) Regular school attendance.--Parents of students who have
attained the age of 6 years by February 1 of any school year
but who have not attained the age of 16 years must comply with
the compulsory school attendance laws. Parents have the option
to comply with the school attendance laws by attendance of the
student in a public school; a parochial, religious, or denominational
school; a private school; a home education program; or a private
tutoring program, in accordance with the provisions of s. 1003.01
(14).
1002.20(6) (c) Home education
as an Educational Option
(c) Home education.-- The parent of a student may choose to
place the student in a home education program in accordance with
the provisions of s. 1002.41.
Home Education Students are eligible to participate in
Extracurricular Activities
1002.20(17) (b) Extracurricular
Activities In accordance with the provisions of s. 1006.15:
(a) Eligibility.--Students who meet specified academic and
conduct requirements are eligible to participate in extracurricular
activities.
(b) Home education students -Home education students who meet
specified academic and conduct requirements are eligible to participate
in extracurricular activities at the public school to which the
student would be assigned or could choose to attend according
to district school board policies, or may develop an agreement
to participate at a private school.
1002.33 (3)(b) A private school,
parochial school, or home education program shall not be eligible
for charter school status.
1002.37 (b)(1) Home education
students eligible for FVHS
1002.37(2)(b) FVHS shall collect
records on home education students.
1002.37(h) FVHS shall forecast
& actual enrollment of home education students
1003.01 (13) Regular School
Attendance means the actual attendance of a student during the
school day as defined by law and rules of the State Board of
Education. Regular attendance within the intent of s. 1003.21
may be achieved by attendance in:
(a) A public school supported by public funds;
(b) A parochial, religious, or denominational school;
(c) A private school supported in whole or in part by tuition
charges or by endowments or gifts;
(d) A home education program that meets the requirements of
chapter 1002; or
(e) A private tutoring program that meets the requirements
of chapter 1002.
State may not regulate curriculum as part of compulsory
attendance
1003.21 (2)(b) School attendance
(1)(a)
1. All children who have attained the age of 6 years or who
will have attained the age of 6 years by February 1 of any school
year or who are older than 6 years of age but who have not attained
the age of 16 years, except as otherwise provided, are required
to attend school regularly during the entire school term.
2. Children who will have attained the age of 5 years on or
before September 1 of the school year are eligible for admission
to public kindergartens during that school year under rules adopted
by the district school board.
(b) Any child who has attained the age of 6 years on or before
September 1 of the school year and who has been enrolled in a
public school or who has attained the age of 6 years on or before
September 1 and has satisfactorily completed the requirements
for kindergarten in a private school from which the district
school board accepts transfer of academic credit, or who otherwise
meets the criteria for admission or transfer in a manner similar
to that applicable to other grades, shall progress according
to the district's student progression plan. However, nothing
in this section shall authorize the state or any school district
to oversee or exercise control over the curricula or academic
programs of private schools or home education programs.
(c) A student who attains the age of 16 years during the school
year is not subject to compulsory school attendance beyond the
date upon which he or she attains that age if the student files
a formal declaration of intent to terminate school enrollment
with the district school board. The declaration must acknowledge
that terminating school enrollment is likely to reduce the student's
earning potential and must be signed by the student and the student's
parent. The school district must notify the student's parent
of receipt of the student's declaration of intent to terminate
school enrollment.
Attendance records not required for home ed. students
1003.23(2)
Attendance records and reports.-
(1) The attendance of all public K-12 school students shall
be checked each school day in the manner prescribed by rules
of the State Board of Education and recorded in the teacher's
register or by some approved system of recording attendance.
Students may be counted in attendance only if they are actually
present at school or are away from school on a school day and
are engaged in an educational activity which constitutes a part
of the school-approved instructional program for the student.
(2) All officials, teachers, and other employees in public,
parochial, religious, denominational, and private K-12 schools,
including private tutors, shall keep all records and shall prepare
and submit promptly all reports that may be required by law and
by rules of the State Board of Education and district school
boards. Such records shall include a register of enrollment and
attendance and all persons described above shall make these reports
therefrom as may be required by the State Board of Education.
The enrollment register shall show the absence or attendance
of each student enrolled for each school day of the year in a
manner prescribed by the State Board of Education. The register
shall be open for the inspection by the designated school representative
or the district school superintendent of the district in which
the school is located. Violation of the provisions of this section
shall be a misdemeanor of the second degree, punishable as provided
by law. This section shall not apply to home education programs
provided in s. 1002.41.
Truancy law
1003.26 (f)
1. If the parent of a child who has been identified as exhibiting
a pattern of nonattendance enrolls the child in a home education
program pursuant to chapter 1002, the district school superintendent
shall provide the parent a copy of s. 1002.41 and the accountability
requirements of this paragraph. The district school superintendent
shall also refer the parent to a home education review committee
composed of the district contact for home education programs
and at least two home educators selected by the parent from a
district list of all home educators who have conducted a home
education program for at least 3 years and who have indicated
a willingness to serve on the committee. The home education review
committee shall review the portfolio of the student, as defined
by s. 1002.41, every 30 days during the district's regular school
terms until the committee is satisfied that the home education
program is in compliance with s. 1002.41 (1)(b).
The first portfolio review must occur
within the first 30 calendar days of the establishment of the
program. The provisions of subparagraph 2. do not apply once
the committee determines the home education program is in compliance
with s. 1002.41 (1)(b).
2. If the parent fails to provide a portfolio to the committee,
the committee shall notify the district school superintendent.
The district school superintendent shall then terminate the home
education program and require the parent to enroll the child
in an attendance option that meets the definition of "regular
school attendance" under s. 1003.01 (13)(a), (b), (c), or
(e), within 3 days. Upon termination of a home education program
pursuant to this subparagraph, the parent shall not be eligible
to reenroll the child in a home education program for 180 calendar
days.
Failure of a parent to enroll the child
in an attendance option as required by this subparagraph after
termination of the home education program pursuant to this subparagraph
shall constitute noncompliance with the compulsory attendance
requirements of s. 1003.21 and may result in criminal prosecution
under s. 1003.27(2). Nothing contained herein shall restrict
the ability of the district school superintendent, or the ability
of his or her designee, to review the portfolio pursuant to s.
1002.41(1)(b).
Extracurricular Activities "The Craig Dickinson Act"
1006.15
- Student standards for participation in interscholastic
extracurricular student activities; regulation.-
(1) This section may be cited as the "Craig Dickinson
Act."
(2) Interscholastic extracurricular student activities are
an important complement to the academic curriculum. Participation
in a comprehensive extracurricular and academic program contributes
to student development of the social and intellectual skills
necessary to become a well-rounded adult. As used in this section,
the term "extracurricular" means any school-authorized
or education-related activity occurring during or outside the
regular instructional school day.
(3)
(a) To be eligible to participate in interscholastic extracurricular
student activities, a student must:
1. Maintain a grade point average of 2.0 or above on a 4.0
scale, or its equivalent, in the previous semester or a cumulative
grade point average of 2.0 or above on a 4.0 scale, or its equivalent,
in the courses required by s. 1003.43(1).
2. Execute and fulfill the requirements of an academic performance
contract between the student, the district school board, the
appropriate governing association, and the student's parents,
if the student's cumulative grade point average falls below 2.0,
or its equivalent, on a 4.0 scale in the courses required by
s. 1003.43(1) or, for students who entered the 9th grade prior
to the 1997- 1998 school year, if the student's cumulative grade
point average falls below 2.0 4 on a 4.0 scale, or its equivalent,
in the courses required by s. 1003.43(1) that are taken after
July 1, 1997. At a minimum, the contract must require that the
student attend summer school, or its graded equivalent, between
grades 9 and 10 or grades 10 and 11, as necessary.
3. Have a cumulative grade point average of 2.0 or above on
a 4.0 scale, or its equivalent, in the courses required by s.
1003.43(1) during his or her junior or senior year.
4. Maintain satisfactory conduct and, if a student is convicted
of, or is found to have committed, a felony or a delinquent act
which would have been a felony if committed by an adult, regardless
of whether adjudication is withheld, the student's participation
in interscholastic extracurricular activities is contingent upon
established and published district school board policy.
(b) Any student who is exempt from attending a full school
day based on rules adopted by the district school board for double
session schools or programs, experimental schools, or schools
operating under emergency conditions must maintain the grade
point average required by this section and pass each class for
which he or she is enrolled.
(c) An individual home education student is eligible to participate
at the public school to which the student would be assigned according
to district school board attendance area policies or which the
student could choose to attend pursuant to district or interdistrict
controlled open enrollment provisions, or may develop an agreement
to participate at a private school, in the interscholastic extracurricular
activities of that school, provided the following conditions
are met:
1. The home education student must meet the requirements of
the home education program pursuant to s. 1002.41.
2. During the period of participation at a school, the home
education student must demonstrate educational progress as required
in paragraph (3)(b) in all subjects taken in the home education
program by a method of evaluation agreed upon by the parent and
the school principal which may include: review of the student's
work by a certified teacher chosen by the parent; grades earned
through correspondence; grades earned in courses taken at a community
college, university, or trade school; standardized test scores
above the 35th percentile; or any other method designated in
s. 1002.41.
3. The home education student must meet the same residency
requirements as other students in the school at which he or she
participates.
4. The home education student must meet the same standards
of acceptance, behavior, and performance as required of other
students in extracurricular activities.
5. The student must register with the school his or her intent
to participate in interscholastic extracurricular activities
as a representative of the school before the beginning date of
the season for the activity in which he or she wishes to participate.
A home education student must be able to participate in curricular
activities if that is a requirement for an extracurricular activity.
6. A student who transfers from a home education program to
a public school before or during the first grading period of
the school year is academically eligible to participate in interscholastic
extracurricular activities during the first grading period provided
the student has a successful evaluation from the previous school
year, pursuant to subparagraph (3)(c)2.
7. Any public school or private school student who has been
unable to maintain academic eligibility for participation in
interscholastic extracurricular activities is ineligible to participate
in such activities as a home education student until the student
has successfully completed one grading period in home education
pursuant to subparagraph (3)(c)2 to become eligible to participate
as a home education student.
Home ed. parent can report child for nonenrollment &
nonattendance
1003.27(2)(b) Each public
school principal or the principal's designee shall notify the
district school board of each minor student under its jurisdiction
who accumulates 15 unexcused absences in a period of 90 calendar
days. Each designee of the governing body of each private school,
and each parent whose child is enrolled in a home education program,
may provide the Department of Highway Safety and Motor Vehicles
with the legal name, sex, date of birth, and social security
number of each minor student under his or her jurisdiction who
fails to satisfy relevant attendance requirements and who fails
to otherwise satisfy the requirements of s. 322.091
Home ed. students are eligible for testing and diagnostic
services at public schools
1006.03(3)
Diagnostic and resource centers may provide testing and evaluation
services to private school students and other children who are
not enrolled in public schools.
Admission to State University for Home education students
1007.261
(1)(a) State universities; admissions of students.- Each
university board of trustees is authorized to adopt rules governing
the admission of students, subject to this section and rules
of the State Board of Education.
(1) Minimum academic standards for undergraduate admission
to a university include:
(a) Each student must have received a high school diploma
pursuant to s. 1003.43, or its equivalent, except as provided
in s. 1007.271 (2)-(5) or completed a home education program
according to s. 1002.41.
Home Ed. student not required to document 19 credits
1007.261 (1)
(b) Each student must have successfully completed a college-preparatory
curriculum of 19 credits, as defined in rules of the State Board
of Education, including at least 2 credits of sequential foreign
language at the secondary level or the equivalent of such instruction
at the postsecondary level. A student who completes a home education
program according s.1002.41 is not required to document completion
of the 19 credits required by this paragraph.
Community colleges; admissions of students.
1007.263
Each community college board of trustees is authorized to
adopt rules governing admissions of students subject to this
section and rules of the State Board of Education. These rules
shall include the following:
(2) Admission to associate degree programs is subject to minimum
standards adopted by the State Board of Education and shall require:
(a) A standard high school diploma, a high school equivalency
diploma as prescribed in s. 1003.435, previously demonstrated
competency in college credit postsecondary coursework, or, in
the case of a student who is home educated, a signed affidavit
submitted by the student's parent or legal guardian attesting
that the student has completed a home education program pursuant
to the requirements of s. 1002.41.
Articulated accelerated mechanisms
1007.27
(4) It is the intent of the Legislature to provide articulated
acceleration mechanisms for students who are in home education
programs, as defined in s. 1003.01(11), consistent with the educational
opportunities available to public and private secondary school
students. Home education students may participate in dual enrollment,
career and technical dual enrollment, early admission, and credit
by examination. Credit earned by home education students through
dual enrollment shall apply toward the completion of a home education
program that meets the requirements of s. 1002.41.
(5) Early admission shall be a form of dual enrollment through
which eligible secondary students enroll in a postsecondary institution
on a full-time basis in courses that are creditable toward the
high school diploma and the associate or baccalaureate degree.
Students enrolled pursuant to this subsection shall be exempt
from the payment of registration, tuition, and laboratory fees.
(6) Advanced placement shall be the enrollment of an eligible
secondary student in a course offered through the Advanced Placement
Program administered by the College Board. Postsecondary credit
for an advanced placement course shall be limited to students
who score a minimum of 3, on a 5-point scale, on the corresponding
Advanced Placement Examination. The specific courses for which
students receive such credit shall be determined by the department.
Students of Florida public secondary schools enrolled pursuant
to this subsection shall be exempt from the payment of any fees
for administration of the examination regardless of whether or
not the student achieves a passing score on the examination.
(7) Credit by examination shall be the program through which
secondary and postsecondary students generate postsecondary credit
based on the receipt of a specified minimum score on nationally
standardized general or subject-area examinations. For the purpose
of statewide application, such examinations and the corresponding
minimum scores required for an award of credit shall be delineated
by the State Board of Education in the statewide articulation
agreement. The maximum credit generated by a student pursuant
to this subsection shall be mitigated by any related postsecondary
credit earned by the student prior to the administration of the
examination. This subsection shall not preclude community colleges
and universities from awarding credit by examination based on
student performance on examinations developed within and recognized
by the individual postsecondary institutions.
Dual enrollment programs.
1007.271
(1) The dual enrollment program is the enrollment of an eligible
secondary student or home education student in a postsecondary
course creditable toward a career and technical certificate or
an associate or baccalaureate degree.
(10)
(a) Dual enrollment program for home education students consists
of the enrollment of an eligible home education secondary student
in a postsecondary course creditable toward an associate degree,
a career or technical certificate, or a baccalaureate degree.
To participate in the dual enrollment program, an eligible home
education secondary student must:
1. Provide proof of enrollment in a home education program
pursuant to s. 1002.41.
2. Be responsible for his or her own instructional materials
and transportation unless provided for otherwise.
(b) Each technical center, community college, and state university
shall:
1. Delineate courses and programs for dually enrolled home
education students. Courses and programs may be added, revised,
or deleted at any time.
2. Identify eligibility criteria for home education student
participation, not to exceed those required of other dually enrolled
students.
(14) Instructional materials assigned for use within dual
enrollment courses shall be made available to dual enrollment
students from Florida public high schools free of charge. This
subsection shall not be construed to prohibit a community college
from providing instructional materials at no cost to a home education
student or student from a private school. Students enrolled in
postsecondary instruction not creditable toward a high school
diploma shall not be considered dual enrollments and shall be
required to assume the cost of instructional materials necessary
for such instruction.
Florida Homeschool
Laws
FL had an Educational Rewrite, and all these numbers, and some
verbage, changed. It is much easier to access home ed.
related statutes, because their links are all listed at the end
of the general statute (formerly 232.0201 - now 1002.41) Home
Education Foundation.
Florida
DOE
Home education laws in Florida from the Department of Education
showing 2003 updates.
FL-HomeEducation-Law
This is an unmoderated list set up for all homeschoolers to discuss
Florida homeschooling statute and proposed law changes. It is
also to share and discuss portfolio inspections and evaluations.
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