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Florida Education Law: Home Education Programs
Frequently Asked Questions

At Home School Legal Defense Association, we frequently receive questions from public school officials and administrators regarding their responsibilities as they relate to home education programs. The following list of frequently asked questions and commonly encountered issues are designed to offer guidance to public schools.

1. How does a person begin a home education program?

Parents need only to file a notice of intent with the county superintendent of schools within 30 days of establishing a home education program. The notice must state the parents' intent to open a home education program and must include only the name, birthdate, and address of each student enrolled in the home education program. County superintendents do not have authority to approve or reject a home education program. Florida Statutes Annotated § 232.0201.

After filing the notice of intent, the parent is required to keep a portfolio of records and materials. Additionally, parents must file a copy of an annual educational evaluation with the county superintendent's office. The educational evaluation can be in the form of either standardized test scores or a portfolio review.

2. What information is required on the notice of intent?

Fla. Stat. Ann. § 232.0201 lists the requirements that parents must meet in order to operate under the home school law. Under subparagraph (1)(a), the notice "shall include the names, addresses, and birthdates of all children who shall be enrolled as students in the home education program" (emphasis added). Any additional information is beyond the scope of the superintendent's authority.

3. Must home schoolers use the school district's notice of intent form?

No. Fla. Stat. Ann. § 232.0201 (1)(a) requires only that the "notice shall be in writing." Thus, any written notice is valid.

4. Must home schoolers notify the superintendent every year?

No. Notification is required only twice: once within 30 days of initially establishing the home education program and once when terminating the home education program. Home schoolers do not have to file the notification annually. Fla. Stat. Ann. § 232.0201 (1)(a).

5. Are school districts required to inspect a home schooler's portfolio?

No. Nothing in the statute requires superintendents to inspect portfolios. In order to avoid disrupting law-abiding home schoolers unnecessarily, as well as to minimize administrative costs, portfolios should be inspected only if the superintendent has probable cause that the family is not complying with the law. Neither the superintendent nor a designee has authority to enter a home without the family's consent, as this would violate the family's Fourth Amendment rights under the U.S. Constitution.

6. Are there annual testing requirements for home schoolers?

Under Fla. Stat. Ann. § 232.0201 (1)(c), parents who home school their children must provide for "an annual educational evaluation in which is documented the pupil's demonstration of educational progress at a level commensurate with his or her ability." The statute further indicates, "the parent or guardian shall select the method of evaluation." Parents have five evaluation options: (1) any nationally normed test, (2) a state student assessment test used by the school district, (3) a portfolio evaluation and discussion with the student by a Florida-certified teacher, (4) an evaluation by a licensed psychologist, or (5) any other valid measurement tool to which the county superintendent agrees.

7. Which standardized tests are acceptable for meeting the evaluation requirement under the testing option?

School superintendents must accept evaluations that are based on any nationally normed test, including SAT and PSAT results. Additionally, parents may elect to have their children take the state student achievement test used by the school district and submit those scores.

8. What is the certification requirement for test administrators?

According to Fla. Stat. Ann. § 232.0201 (c), standardized test administrators must be "a certified teacher." Thus, any teaching certificate for any grade level will suffice. Test administrators are not required to be certified in the particular grade level in which they are administering the test, nor are they required to be Florida certified.

9. What is the certification requirement for evaluators?

As an alternative to submitting standardized test scores, families can choose the option of having their child's academic progress evaluated by a Florida-certified teacher or a licensed psychologist. If the parents choose a certified teacher to conduct the evaluation, the teacher must hold a valid Florida teaching certificate in either elementary or secondary education. As with the standardized testing option, the law does not require that the certified teacher be certified in the particular grade level of the child whom they are evaluating. Thus, a teacher who is certified for elementary education may evaluate a secondary education student.

If the family chooses to use a psychologist, the only requirement is that the psychologist holds a valid, active license to practice psychology.

10. What is the deadline for home schoolers to submit their annual evaluation?

Home education programs in Florida are governed exclusively by the provisions of § 232.0201 of the Florida Statutes Annotated. Thus, local school districts are without any authority to establish any policies or procedures that add to or contradict the provisions of state law.

Fla. Stat. Ann. § 232.0201 (1)(c) sets forth the evaluation requirements as follows: "The parent or guardian shall provide for an annual educational evaluation in which is documented the pupil's demonstration of educational progress at a level commensurate with his or her ability."

This section indicates that parents must submit an educational evaluation annually. As long as parents provide an evaluation within one year of their initial filing date, they satisfy the annual notification requirement. For example, if a family begins home schooling on October 1, they have until October 1 of the following year to submit their evaluation. State law does not impose any other deadline for submitting the evaluation to the county superintendent. Thus, local school districts are without any authority to impose additional requirements or move the date when evaluations must be submitted.

11. By what standard do school superintendents judge the evaluations?

According to Fla. Stat. Ann. § 232.0201 (2), the school superintendent's acceptance of the test results is not discretionary, but rather mandatory: "The school superintendent shall review and accept the results of an annual evaluation." If, however, "the pupil does not demonstrate educational progress at a level commensurate with his or her ability," the superintendent must notify the parents in writing and give them a "one year probationary period." Fla. Stat. Ann. § 232.0201 (2). A simple statement from the evaluator that the child has progressed commensurate with his ability is sufficient to satisfy this requirement.

12. What about home educated students who are beyond the compulsory attendance age?

Fla. Stat. Ann. § 232.01 (1)(a)1 states that "[a]ll children . . . who have not attained to the age of 16 years . . . are required to attend school regularly during the entire school term." Thus, if a child has attained the age of 16 years, he is not required to attend school and the compulsory school attendance laws are inapplicable. A 16-year-old home schooled child may continue his or her home education without submitting annual educational evaluations.

Even though the law does not require compulsory attendance after age 16 for home educated students, it is advisable to continue to submit an annual evaluation to preserve the student’s right to participate in dual enrollment, extracurricular activities, scholarships and good student discounts on auto insurance.