Legal Status of Homeschooling in Florida

There are basically three methods that homeschooling families in Florida use to legally teach their children at home. Each is presented here briefly.

1. Operating under the Constitution of the United States:

This option is one that takes a great deal of personal conviction. If your family has thoroughly reviewed the Constitution and believes that it gives you the right to teach your child without interference from the government, this may be the method for you. We would suggest you consider becoming a member of the Home School Legal Defense Association (HSLDA), a national group which defends homeschooling families. To contact HSLDA: PO Box 159, Paeonian Springs, VA 22129, (703) 882-3838.

2. Nonpublic, Home-based School:

This option is one that many homeschooling families operated under from the early years when there was no defined home education statute. "617/623" refer to the statute numbers which define this option. Both of these statutes allow for a private school to be started as a non-profit corporation. There are guidelines that must be followed such as number of teaching days, hours taught, administrative meetings to be held, etc.

3. Home Education Act of 1985:

This option is a state statute written expressly for homeschooling families, and is the one most used in Palm Beach County. Because of its popularity, it has been explained in detail below.

Steps to Comply with Home Education Enactment Statute

1. If you, as a parent, hold a valid, regular Florida certificate to teach the subjects or grades in which instruction is given, you need only to stay current with your certification.
2. As a parent without a teaching certification, you must comply with the following requirements:
1. Send a letter of intent to the Superintendent of Schools (see sample letter of intent).
1. Include only the names, address, and birth dates of those children in the program. Do not assign a grade level.
2. Include only children who are at least 6 years old by February 1 and less than 16.
3. This letter must be filed within 30 days of establishing the home-education program.
4. Please terminate your program by letter (see sample letter of termination) if you should move or place a child in formal school.
2. Maintain records as delineated. These must be kept for two years. The Superintendent may request (by a 15-day written notice) to see these records.
1. Maintain a portfolio: sampling of children's work.
2. Maintain a daily log: parent's record of daily teaching.
3. Keep a list of reading materials: textbooks and references used.
3. File an annual evaluation with the Superintendent. You may choose one of the following:
1. Teacher evaluation: you choose the teacher (he/she must have a valid regular Florida certificate). An eva luation includes a review of the portfolio and interview with the child.
2. Any nationally normed student achievement test administered by a certified teacher.
3. FCAT, the nationally normed test used by Palm Beach County. Parents who want their child to take the FCAT need to contact the Home Education Office (434-8052) a week or more prior to the beginning of testing. The test schedule is posted on their web site.
4. A psychologist's evaluation.
5. Any valid measurement tool agreed upon by both parent and the Superintendent.

Sample Letter of Intent

Note: This letter should only be sent when the child is entering a home-education program. It is not to be sent at the beginning of each year. Younger children need to be added as they come of age.

Sample Letter of Termination

Note: This letter should only be sent when the child is entering a formal schooling situation, either public or private (include the name of the school the child is entering), or is moving outside of Palm Beach County. It is not to be done at the end of each year.

Additional Resources

Visit these sites for more information about the homeschool laws for the state of Florida and Palm Beach County.

Home Education Florida Statutes

Florida Department of Education

Palm Beach County School District