The Home School Court Report
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January / February 2004

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District "terminates" homeschool

The Cuddington family was distressed to receive a notice in the mail from Duval County Public Schools stating: "[Y]ou have not met the requirements for properly maintaining a Home Education Program. Therefore, your program has been terminated. Upon termination of a home education program, the parent shall select another attendance option for their child." (emphasis in original)

Duval County Public Schools had designated July 1 as the deadline for submitting evaluations. While Florida homeschoolers are required to submit an annual evaluation for each child, this evaluation is due on the anniversary of the family's start date, not on an arbitrary date dictated by the district. The Cuddingtons had moved into Florida and registered their program in January; thus, their evaluations were not technically due for several months.

Since the district's notice gave the family 10 days to enroll their child in public school, Home School Legal Defense Association Senior Counsel Christopher Klicka immediately wrote to the director of student services. He explained the law, verified the Cuddingtons' compliance with the law, and assured the director that the family would submit their evaluation in January. Klicka also requested an immediate response from the school.

Several days later, the HSLDA legal department received a call from the director of student services, assuring us that the family's program would not be terminated and that they were free to submit their evaluation in January.

— Christopher J. Klicka