The Florida K-20 Education Code can be found at http://www.flsenate.gov under Title XLVIII. (That's 48 for those of you who haven't used Roman Numerals in a while.) As you might expect it is pretty voluminous. It is organized by chapters, numbered from 1000 to 1013, with each chapter being further divided into parts ordered by Roman Numerals. Just so you know what you're missing, or not missing, an outline of the Title XLVIII act is provided below. However, the most relevant code for homeschoolers is entitled "STUDENT AND PARENTAL RIGHTS AND EDUCATIONAL CHOICES", in ss. 1002.41 to be exact. A copy of the whole statute is provided here for your convenience.

Since questions frequently arise regarding compulsory attendance ages, the Compulsory Education Law and Pilot Attendance Project laws are also provided here in their entirety. They should take care of the occasional case of insomnia in no time flat.

**These laws are copied here for your information only and should not be misconstrued as legal advice of any kind. Every effort has been made to present them as accurately as possible, however, you should go to http://www.flsenate.gov if you want to be assured of accuracy. (Well, at least you can complain to your local Florida legislative representative if they're not.)**

Title XLVIII K_20 EDUCATION CODE ss. 1002.41

STUDENT AND PARENTAL RIGHTS AND EDUCATIONAL CHOICES

1002.41 home education programs.-- (1) A "home education program" is defined in s. 1002.01. 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 birthdates 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 ss. 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.

School Attendance 1003.21

1003.21 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.

Pilot Attendance Project

1003.61 Pilot attendance project.--It is the purpose of this section to require the Manatee County District School Board to implement a pilot project that raises the compulsory age of attendance for children from the age of 16 years to the age of 18 years. The pilot project applies to each child who has not attained the age of 16 years by September 30 of the school year in which a school board policy is adopted.

(1) Beginning July 1, 1999, the Manatee County District School Board shall implement a pilot project consistent with policy adopted by the school board to raise the compulsory age of attendance for children from the age of 16 years to the age of 18 years.

(2) The district school board must, before the beginning of the school year, adopt a policy for raising the compulsory age of attendance for children from the age of 16 years to 18 years.

(a) Before the adoption of the policy, the district school board must provide a notice of intent to adopt a policy to raise the compulsory age of attendance for children from the age of 16 years to the age of 18 years. The notice must be provided to the parent of each child who is 15 years of age and who is enrolled in a school in the district.

(b) Within 2 weeks after adoption of the school board policy, the district school board must provide notice of the policy to the parent of each child who is 15 years of age and who is enrolled in a school in the district. The notice must also provide information r elated to the penalties for refusing or failing to comply with the compulsory attendance requirements and information on alternative education programs offered within the school district.

(3) All state laws and State Board of Education rules related to students subject to compulsory school attendance apply to the district school board. Notwithstanding the provisions of s. 1003.21, the formal declaration of intent to terminate school enrollment does not apply to the district school board.

(4) The district school board must evaluate the effect of its adopted policy raising the compulsory age of attendance on school attendance and on the school district's dropout rate, as well as on the costs associated with the pilot project. The school district shall report its findings to the President of the Senate, the Speaker of the House of Representatives, the minority leader of each house of the Legislature, the Governor, and the Commissioner of Education not later than August 1 following each year that the pilot project is in operation.

 

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Homeschoolers of Collier County, Inc.
P.O. Box 111716
Naples, FL  34108

(239) 513-3721

homeschoolersofcc
@yahoo.com

 

 

 

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