FLORIDA
Homeschoolers Hassled
Controversy over a 623 School
Many families throughout Florida choose not to operate under the home school law, and instead enroll their children in a private school, often incorporated under chapter 623 or 617 of the corporation code. This is a legal option families have in Florida, and it is not regulated by local school districts. However, from time to time, school officials question the legality of homeschoolers who are operating under private schools. A school official in Hardee County contacted several families enrolled in a local private school, insisting that they turn in test scores and submit their portfolios for review. HSLDA Attorney Christopher Klicka wrote on behalf of one of the families, emphasizing that the family's home was a satellite campus of the Christian school. The family was accountable only to the Christian school, and it was illegal to regulate them under the home school law. Klicka also included a copy of his memorandum entitled Home-Based Private School Operating Under Chapter 623 or 617 of the Florida Statutes.
In response, the temporary school board attorney wrote an opinion stating, "Technically, Mr. Klicka is correct." However, he still decided to agree with the interpretations of the General Counsel of the Department of Education, which rendered an opinion in 1985 saying it was illegal for home schools to operate under private schools. "It is my opinion," the attorney concluded, "that the interpretations of the General Counsel of the Florida Department of Education should be adhered to as persuasive authority."
After the administrator of the private school met with the superintendent and discussed HSLDA's legal opinion, however, the superintendent decided not to push the issue any further. Homeschoolers in Hardee County are continuing to operate under private schools without being forced to follow the requirements of the home school law.
Attendance Records Are Not Mandatory
Problems have arisen periodically in the area of attendance records. An HSLDA family in Jackson County received blank attendance reports which they were supposed to complete and turn in each month. HSLDA wrote to the school district and explained that nowhere in the statutes are homeschoolers required to turn in attendance records. The portfolio requirement in the home school law does not indicate that daily attendance records should be kept. Furthermore, § 232.021, which mandates attendance records, only mandates it for officials and teachers in public, parochial, denominational, and private schools, including private tutors. No mention is made of families teaching their children at home under the home school law.
Annual Registration Issue and False Deadlines
Numerous school districts are attempting to require home school families to file a registration form annually. There is no such requirement in the home school law; a one-time filing is sufficient. The only other requirement is to complete an annual survey. However, various school districts have threatened homeschoolers with termination if they didn't complete an annual registration form in addition to the annual survey. Such intimidation is uncalled for, and homeschoolers are in their rights not to annually register.
In Marion County, an HSLDA member family was threatened with termination and told that they must enroll either in a private or parochial school if they missed the school official's July 13th deadline for submitting their annual evaluation. Since many families use various testing services around the country, it is not always possible to obtain their test score results in July. Under the law, there is no specific deadline that is mandated. Logic would indicate that homeschoolers merely should get their evaluations in before the beginning of the next school year. HSLDA contacted the school official and emphasized that an arbitrary deadline exceeds his authority and is not enforceable under the law.
Legislation
Over the past year, Home School Legal Defense Association and state home school leaders have been discussing the possibility of introducing legislation to amend the home school law in several areas that have caused conflict for Florida homeschoolers.
The first area of conflict is the portfolio review requirement. HSLDA families in various counties have had trouble with public school officials who reviewed their portfolios. Some school district officials have demeaned home school programs while reviewing portfolios in meetings at the public school. Other school officials insisted on visiting the family's home to review the portfolio.
New legislation could amend the law by providing that homeschoolers' portfolios can only be reviewed "if the superintendent has probable cause to believe that the home education program is not in compliance with the law." This language, which has been adopted by many other states, prohibits arbitrary home school portfolio review. The superintendent must have probable cause to believe that a family is not in compliance with the law, and it must be more than mere suspicion or an anonymous tip. No homeschoolers have had their portfolios reviewed in the states that have this language in their home schoolingstatutes.
New legislation could also eliminate the problems which frequently arise when school districts insist that homeschoolers sign an affidavit to assure the school that they are not convicted or confirmed child abusers. The law does not allow convicted or confirmed child abusers to home school, but neither does it require homeschoolers to sign such an affidavit. HSLDA members in Hernando, Brevard, Polk, Hillsboro, St. John's Bay, Duvall, and Dade Counties have all been told that they were required by law to sign the child abuse affidavit.
Even though every school official has eventually backed down when challenged, homeschoolers throughout the state would be spared much hassle if new legislation specifically outlawed such a requirement. Since Pennsylvania is the only other state with a similar provision, Florida is definitely out-of-step with other home school laws in this regard. Homeschoolers, just like everyone else, should be presumed innocent until proven guilty.
The requirement that national standardized achievement tests be administered only by certified teachers has also been a frustration for many parents, who are completely qualified to administer the tests themselves. This is especially true for families who find it hard to afford to hire a certified teacher. This problem would be remedied if the law were changed to allow for other qualified persons to administer the tests. Many home school laws in the country do not limit test administration to certified teachers.
A fourth problem could also be remedied by legislation. HSLDA has had a number of families placed on probation because of the superintendent's arbitrary authority to review test scores and interpret progress. Many states throughout the country have a cutoff of approximately the 23rd percentile, enabling parents to turn in standardized test scores to the school district without fear of being placed on probation. In Florida, there is no such guarantee. The school officials are free to place on probation any homeschoolers that they believe are not making adequate progress. One child who scored within the 50th percentile was placed on probation, as was another family's child, who scored in the 65th percentile. While we have been successful in getting probation lifted, legislation would greatly help in this area.
As of this writing, no final decision on proceeding with this legislation has been made. However, the favorable outcome in the recent elections makes the 1995 or 1996 sessions good legislative opportunities. If legislation is introduced, we will notify our members immediately.
