Copy of Florida Home School Law

    During the 1998 Florida Legislative Session the home school law was revised. These revisions have not as yet been added to the Statute Books but were passed into law in May of 1998.
    I will attempt to do some of the incorporating for you. Please note this copy of the law is incomplete but is given to provide specific points of the law for you to reference. When a current and complete copy of the law is published we will provide a copy for each member.
    The following are experts from Bill 3951re and amendments. You can access the complete bill at http://www.leg.state.fl.us/.
    228.041 Definitions.--Specific definitions shall be as
    4 follows, and wherever such defined words or terms are used in
    5 the Florida School Code, they shall be used as follows: shall
    6 be used as follows:
    7 (34) HOME EDUCATION PROGRAM.--A home education program
    8 is sequentially progressive instruction of a student by his or her parent or guardian in
    order
    10 to satisfy the requirements of ss. 232.01 and 232.0201.
    9 Section 4. Section 232.02, Florida Statutes, is
    10 amended, and subsection (4) of said section is renumbered as
    11 section 232.0201, Florida Statutes, and amended, to read:
    12 232.02 Regular school attendance.--Regular attendance
    13 is the actual attendance of a pupil during the school day as
    14 defined by law and regulations of the state board. Regular
    15 attendance within the intent of s. 232.01 may be achieved by
    16 attendance in:
    17 (1) A public school supported by public funds;
    18 (2) A parochial, religious, or denominational school;
    19 (3) A private school supported in whole or in part by
    20 tuition charges or by endowments or gifts;
    21 (4) A home education program that meets the
    22 requirements of s. 232.0201; or
    23 (5) A private tutoring program that meets the
    24 requirements of s. 232.0202.
    25 232.0201 Home education programs.--
    26 (1) Regular attendance as defined in s. 232.02 may
    27 be achieved by attendance in a home education program as
    28 defined in s. 228.041.
    3 The parent or guardian is not required to
    4 hold a valid regular Florida certificate to teach.
    6 (a) The parent or guardian shall notify the
    7 superintendent of schools of the county in which the parent or
    8 guardian resides of her or his intent to establish and
    9 maintain a home education program. The notice shall be in
    10 writing, signed by the parent or guardian, and shall include
    11 the names, addresses, and birthdates of all children who shall
    12 be enrolled as students in the home education program. The
    13 notice shall be filed in the superintendent's office within 30
    14 days of the establishment of the home education program. A
    15 written notice of termination of the home education program
    16 shall be filed in the superintendent's office within 30 days
    17 of said termination.
    18 (b) The parent or guardian shall maintain
    19 a portfolio of records and materials. The portfolio shall
    20 consist of the following:
    21 1. A log of educational activities which is, made
    22 contemporaneously with the instruction and, which designates
    23 by title any reading materials used.
    24 2. Samples of any writings, worksheets, workbooks, or
    25 creative materials used or developed by the student.
    26
    27 The portfolio shall be preserved by the parent or guardian for
    28 2 years and shall be made available for inspection by the
    29 superintendent, or the superintendent's agent, upon 15 days'
    30 written notice. Nothing in this section shall require the
    31 superintendent to inspect the portfolio.
    (c). The parent or guardian shall provide
    2 for an annual educational evaluation in which is documented
    3 the pupil's demonstration of educational progress at a level
    4 commensurate with her or his ability. The parent or guardian
    5 shall select the method of evaluation and shall file a copy of
    6 the evaluation annually with the
    7 superintendent's office in the county in
    8 which the pupil resides. The annual educational evaluation
    9 shall consist of one of the following:
    10 1. A teacher selected by the parent or guardian
    11 shall evaluate the pupil's educational progress upon review of
    12 the portfolio and discussion with the pupil. Such teacher
    13 shall hold a valid regular Florida certificate to teach
    14 academic subjects at the elementary or secondary level.
    17 2. The pupil shall take any nationally normed
    18 student achievement test administered
    19 by a certified teacher. , at a location and under testing conditions approved
    17 by the school district
    21 3. The pupil shall take a state student assessment
    22 test used by the school district and administered by a
    23 certified teacher, at a location and under testing conditions
    24 approved by the school district.
    26 4. The pupil shall be evaluated by an individual
    27 holding a valid, active license pursuant to the provisions of
    28 s. 490.003(7) or (8).
    30 5. The pupil shall be evaluated with any other valid
    31 measurement tool as mutually agreed upon by the school
    1 superintendent of the district in which the pupil resides and
    2 the pupil's parent or guardian.
    4 (2) The school superintendent shall review and accept
    5 the results of the annual educational evaluation of the pupil
    6 in a home education program. If the pupil does not
    7 demonstrate educational progress at a level commensurate with
    8 her or his ability, the superintendent shall notify the parent
    9 or guardian, in writing, that such progress has not been
    10 achieved. The parent or guardian shall have 1 year from the
    11 date of receipt of the written notification to provide
    12 remedial instruction to the pupil. At the end of the 1-year
    13 probationary period, the pupil shall be reevaluated as
    14 specified in paragraph (1)(c). Continuation
    15 in a home education program shall be contingent upon the pupil
    16 demonstrating educational progress commensurate with her or
    17 his ability at the end of the probationary period.
    18 (3) A home education program shall be excluded from
    19 meeting the requirements of a school day as defined in s.
    20 228.041.
    21 Section 5. Section 232.0202, Florida Statutes, is
    22 created to read:
    23 232.0202 Private tutoring programs.--Regular
    24 attendance as defined in s. 232.02 may be achieved by
    25 attendance in a private tutoring program if the person
    26 tutoring the student meets the following requirements:
    27 (1) Holds a valid Florida certificate to teach the
    28 subjects or grades in which instruction is given.
    29 (2) Keeps all records and makes all reports required
    30 by the state and district school board and makes regular
    31
    32 reports on the attendance of students in accordance with the
    2 provisions of s. 232.021.
    3 (3) Requires students to be in actual attendance for
    4 the minimum length of time prescribed by s. 228.041(16).