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If you're local to Tallahassee (or even remotely near it in Florida), and you: Home educate your children Use the Personalized Education Program (PEP) for your children Use the Unique Abilities scholarship for your children Or any combination of the above... Please try to attend this meeting! This subcommittee is meeting on Wednesday, February 12, 2025 from 9am to 11am. See the below forum post for details, and add your comment if you're planning to attend! We are trying to coordinate a list of who is coming, and which parents are planning to speak if possible. (Even if you don't want to speak, please attend! Your presence shows the legislators how important these issues are to parents!) Please comment on the forum post below if you're planning to be there, and tell us whether you would like to speak! https://www.flhef.org/forum/2025-legislative-updates/important-we-need-families-to-appear-in-the-capitol-on-february-12-2025

Prior to the passage of the Personalized Education Program (PEP) last year, the Home Education Foundation (HEF) lobbyist, Brenda Dickinson, brought to the attention of the Legislature issues that needed to be addressed in the bill. Some of those issues had to do with the way that those statutes would actually be implemented. In the end, those details were not included in the law, leaving much of the logistics for implementation unclear. Since that time, HEF has worked with school districts, SFOs, and the Department of Education to work out ways for PEP students to have the same flexibilities and opportunities available to Home Education students as stated in statute FL S. 1002.01(2). This statute references 1002.41(3)-(12) which are all the programs and rights afforded to home education students in Florida. The list includes, but is not limited to: extracurricular student activities Dual enrollment programs Bright Futures Scholarship Program Admission to Florida College System Institutions Admission to state universities Testing and evaluation services HEF, working with the Department of Education, has been successful in helping the FHSAA, the Florida Virtual School, and some colleges for dual enrollment to help them implement the law. However, when bringing our concerns about reporting volunteer hours for Bright Future Scholarships to the Office of Student Financial Assistance over the last 12 months, we were continually told that they were working on a solution. Today, we were on a call with the districts' Home Education Offices across Florida, initiated by the Department of Education Office of Independent Education and Parental Choice. We heard many reasons why the districts could not treat PEP students in the same manner as home education students, ranging from “there are no assigned program codes for PEP students, like they have for home education students” to “it is not our job.” Following that call, HEF requested to have a meeting with the Governor’s office to address the issue of reporting volunteer hours for PEP students applying for Bright Futures Scholarships. Much to our surprise, a call was set up at 4 pm the same day. Not only was the Governor’s Office on the call, but also the Commissioner of Education’s Office, the Office of Student Financial Assistance (OSFA) and the Office of Independent Education and Parental Choice. We expressed our concerns about PEP students having no way to submit their volunteer hours, which might cause them to miss out on Bright Futures Scholarships for this year. HEF had been told in the last few months that the Department was working on a solution, but often it seems, as the old saying goes “that the wheels of government are oiled with epoxy.” But this time, the solution was just slow in coming. HEF was told that by the end of our meeting, a memo would be sent out to all the school districts requiring them to submit the volunteer hours for PEP students applying for Bright Futures Scholarships and giving them directions on how to document and report those hours. The memo states that OSFA has begun processing the applications and the districts must have the volunteer hours for PEP students, as well as home education students, submitted to OSFA by August 31. So what does this mean for PEP families? The memo requiring the districts to accept both PEP and home education students’ volunteer hours for Bright Futures has been sent out, as mentioned above, but it may take a few days for districts to implement. If you are a parent of a PEP student and have had any issues with your district accepting volunteer hours for Bright Futures, you may contact your district Home Education Office next week to see how they want you to submit those hours. Going forward, most of the details for implementing the PEP program have been resolved, and it should be much easier for students to have the same flexibility and opportunities as home education students.

(Formerly known as 1002.385 – The Gardiner Scholarship - see older version below) This is not the full statute. This includes purpose, a few key definitions, and eligibility. THIS LINK will take you to the full statute. (1) PURPOSE. —The Family Empowerment Scholarship Program is established to provide children of families in this state which have limited financial resources with educational options to achieve success in their education. (2) DEFINITIONS.—As used in this section, the term: (e) “Disability” means, for a 3- or 4-year-old child or for a student in kindergarten to grade 12, autism spectrum disorder, as defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association; cerebral palsy, as defined in s. 393.063; Down syndrome, as defined in s. 393.063; an intellectual disability, as defined in s. 393.063; a speech impairment; a language impairment; an orthopedic impairment; any other health impairment; an emotional or a behavioral disability; a specific learning disability, including, but not limited to, dyslexia, dyscalculia, or developmental aphasia; Phelan-McDermid syndrome, as defined in s. 393.063; Prader-Willi syndrome, as defined in s. 393.063; spina bifida, as defined in s. 393.063; being a high-risk child, as defined in s. 393.063(22)(a); muscular dystrophy; Williams syndrome; rare diseases which affect patient populations of fewer than 200,000 individuals in the United States, as defined by the National Organization for Rare Disorders; anaphylaxis; a hearing impairment, including deafness; a visual impairment, including blindness; traumatic brain injury; hospital or homebound; or identification as dual sensory impaired, as defined by rules of the State Board of Education and evidenced by reports from local school districts. The term “hospital or homebound” includes a student who has a medically diagnosed physical or psychiatric condition or illness, as defined by the state board in rule, and who is confined to the home or hospital for more than 6 months. (3) SCHOLARSHIP ELIGIBILITY.— (b) A parent of a student with a disability may request and receive from the state a scholarship for the purposes specified in paragraph (4)(b) if the student: 1. Is a resident of this state; 2. Is 3 or 4 years of age on or before September 1 of the year in which the student applies for program participation or is eligible to enroll in kindergarten through grade 12 in a public school in this state; 3. Has a disability as defined in subsection (2); and 4. Is the subject of an IEP written in accordance with rules of the State Board of Education or with the applicable rules of another state or has received a diagnosis of a disability from a physician who is licensed under chapter 458 or chapter 459, a psychologist who is licensed under chapter 490, or a physician who holds an active license issued by another state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (c) An approved student who does not receive a scholarship must be placed on the wait list in the order in which the student is approved. An eligible student who does not receive a scholarship within the fiscal year must be retained on the wait list for the subsequent year. Older version known as The Gardiner Scholarship The Gardiner Scholarship has been repealed and is now known as the Florida Empowerment Scholarship. (1) ESTABLISHMENT OF PROGRAM.— The Gardiner Scholarship Program is established to provide the option for a parent to better meet the individual educational needs of his or her eligible child. All written explanatory materials, state websites, scholarship organization materials, letters to parents, scholarship agreements, and any other information describing this program to the public shall refer to a scholarship under the program as the “Gardiner Scholarship.” (2) DEFINITIONS.— As used in this section, the term: (a) “Approved provider” means a provider approved by the Agency for Persons with Disabilities, a health care practitioner as defined in s. 456.001(4), or a provider approved by the department pursuant to s. 1002.66. See 1002.394 here

In Florida, Umbrella Schools are considered private schools. They are sometimes also referred to as 600 schools, because of Florida Statutes 623 and 617, the laws under which some umbrella schools incorporate. There are 6 ways to satisfy compulsory attendance in the state of Florida. The following is taken from Florida Statute 1003.01(16)(a)-(f): (16) “Regular school attendance” means the actual attendance of a student during the school day as defined by law and rules of the State Board of Education. Regular attendance within the intent of s. 1003.21 may be achieved by attendance in: (a) A public school supported by public funds; (b) A parochial, religious, or denominational school; (c) A private school supported in whole or in part by tuition charges or by endowments or gifts; (d) A home education program that meets the requirements of chapter 1002; (e) A private tutoring program that meets the requirements of chapter 1002; or (f) A personalized education program that meets the requirements of s. 1002.395. Students who are homeschooling via an umbrella school are not considered home education students according to statutes. They fall under option (c) on the above list, and by law are considered private school students. More information about the statutes and regulations that apply to private schools in Florida can be found below: https://www.fldoe.org/schools/school-choice/private-schools/requirements-for-private-schools.stml

The Home Education Foundation (HEF) compiles scores of home-educated students for future comparison purposes. Individual student information will not be released. By designating HEF as the school, College Boards will send a copy of the scores to us as well as to the parent. Just use the school code: 101661 for the SAT & ACT. Use 991099 for the PSAT.

Are you considering enrolling your home educated high school student into public school?  The Transfer of Credit Rule will give you the latest information on how high school credits are earned and applied. 1003.4282-Transfer of Credit

Websites: http://www.florida529plans.com/Administration/statute.html http://www.florida529plans.com/ http://www.myflorida.com/myflorida/education/learn/aplusplan/prepaid.html Phone: 850-488-8514

Late Friday afternoon, HB 793 passed out of the Senate and will now be sent to the Governor for his signature.  The Governor has 7 or 15 days to make a decision on signing the bill depending on when it reaches his desk.  So, we will know soon if the changes to the Bright Futures Scholarships become law. The passage of SB 793 will make the Medallion test scores for all students, including home education students, the same test scores at 1170 SAT or 26 for ACT.  The current language requiring home education students to make a higher test score if the parent could not document the 16 required courses will be stricken from law. The bill also creates a new scholarship, the Florida Gold Seal CAPE Scholars award.  This scholarship will allow a home education student who earns a minimum of 5 postsecondary credit hours through CAPE industry certifications and who completes at least 30 hours of volunteer service work to qualify for this scholarship. The bill also expands the areas of community service to include work for a business or governmental internship, work for a nonprofit community service organization, or activities on behalf of a candidate for public office.  HEF is really excited about this expansion because it could help students learn about our government and get to know candidates and their values first hand. It also allows a student who is unable to accept an initial Bright Futures award immediately after completion of high school due to a full-time religious or service obligation lasting at least 18 months to begin the 2-years eligibility period for his or her initial award and the 5-year renewal period upon the completion of his or her religious or service obligation. This is a real victory for home education students.  Parents, if you have not sent an email or note of thanks to Sen. Tom Lee and Rep. Marlene O’Toole for their great work please do so now. Sen. Tom Lee’s email:    lee.tom.web@flsenatel.gov Rep. Marlene O’Toole email:  marlene.otoole@myfloridahouse.gov

Legislative Update:  Governor’s Bill Action Although Session is over HEF is still working and watching the bills passed during Session by the Legislature.  The bills which made it through both Chambers are slowly making their way to the Governor’s desk. Everyday HEF is watching the Governor’s page to see what bills he is receiving and signing.  You can too at: http://www.flgov.com/  Click the link on the right sidebar titled “2016 Bill Actions.”  This document shows when he received a bill and the date he has to make a decision about signing, not signing or vetoing the bill.  Not all the bills passed by the Legislature has reached his desk yet.  So, HEF will keep you posted when he makes a decision on a bill which may affect you or your home educated child. Below is a summary of the 2016 bills which the Governor has signed into law. The Gardiner Scholarship Program (SB 672)  (Became law on 1-21-16) Expand the disabilities included in the program to include high-risk 3- and 4- year old children and those with muscular dystrophy. Expands the definition of autism to autism spectrum disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association. Increases the funding for this program from $53.4 million in 2015-16 to $73.3 million in 2016-17 to accommodate the potential increase in students participating in the program. Creates The Florida Postsecondary Comprehensive Transition Program and Florida Center for Students with Unique Abilities. The purpose is to increase independent living, inclusive and experiential postsecondary education, and employment opportunities for students with intellectual disabilities through degree, certificate, or non-degree programs and to establish statewide coordination of the dissemination of information regarding programs and services for students with disabilities. It is the intent of the Legislature that students with intellectual disabilities and students with disabilities have access to meaningful postsecondary education credentials and be afforded the opportunity to have a meaningful campus experience. Bright Futures Scholarships (HB 793)    (Became law on 3-24-16) Creates the Florida Gold Seal CAPE Scholars award as an alternative to the current Florida Gold Seal Vocational Scholars award. A student may qualify for the Florida Gold Seal CAPE Scholars award if he or she meets the general eligibility requirements for the Florida Bright Futures Scholarship program and earns a minimum of five postsecondary credits through CAPE industry certifications which articulate for college credit. Provides a maximum of 100% award for the number of credit hours or clock hours required to complete certain technical degrees. Equalizes the Medallion Scholarship ACT/SAT scores for all students, including home education students, at 1170 SAT and 26 ACT.  Eliminates the higher test score of !220 SAT or 27 ACT for home education students whose parents cannot document that the 16 required courses were taken in a public or private school. Modifies the initial eligibility period for the Florida Bright Futures Scholarship Program for students who are unable to accept an award due to full-time religious or service obligations lasting at least 18 months. Eligible students can defer the 2-year initial award period and the 5-year renewal period until the student completes the religious or service obligation. The organization sponsoring the full-time religious or service obligation must be a federal government service organization or satisfy the Internal Revenue Code’s requirements for nonprofit status. Modifies student community service work requirements for the Florida Bright Futures Scholarship Program awards to include an internship with a business or government agency, employment with a nonprofit community service organization, or an activity on behalf of a candidate for public office.

Florida Student Scholarship and Grant Programs Bright Futures Scholarships Dual Enrollment Courses That Count Toward Bright Futures History of Bright Futures Scholarships FLORIDA LAW 1009.53 – Bright Futures Scholarships

HEF's analysis: FTC-PEP is not a government funded program. It is funded from private, voluntary contributions to the Scholarship Funding Organizations (SFOs). It is created to improve the quality of education and ensure that parents may exercise and enjoy their basic right to educate their children as they see fit. 1002.395 Florida Tax Credit Scholarship Program. (1) FINDINGS AND PURPOSE.— (a) The Legislature finds that: 1. It has the inherent power to determine subjects of taxation for general or particular public purposes. 2. Expanding educational opportunities and improving the quality of educational services within the state are valid public purposes that the Legislature may promote using its sovereign power to determine subjects of taxation and exemptions from taxation. 3. Ensuring that all parents, regardless of means, may exercise and enjoy their basic right to educate their children as they see fit is a valid public purpose that the Legislature may promote using its sovereign power to determine subjects of taxation and exemptions from taxation. (b) The purpose of this section is to: 1. Enable taxpayers to make private, voluntary contributions to nonprofit scholarship-funding organizations in order to promote the general welfare. 2. Provide taxpayers who wish to help parents with limited resources exercise their basic right to educate their children as they see fit with a means to do so. 3. Promote the general welfare by expanding educational opportunities for children of families that have limited financial resources. 4. Enable children in this state to achieve a greater level of excellence in their education. 5. Improve the quality of education in this state, both by expanding educational opportunities for children and by creating incentives for schools to achieve excellence. (2) DEFINITIONS.—As used in this section, the term (see statute HERE for full details) (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.— (a) The Florida Tax Credit Scholarship Program is established. (b)1. A student is eligible for a Florida tax credit scholarship under this section if the student is a resident of this state and is eligible to enroll in kindergarten through grade 12 in a public school in this state. 2. Priority must be given in the following order: a. A student whose household income level does not exceed 185 percent of the federal poverty level or who is in foster care or out-of-home care. b. A student whose household income level exceeds 185 percent of the federal poverty level, but does not exceed 400 percent of the federal poverty level. (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for a scholarship while he or she is: (a) Enrolled in a public school, including, but not limited to, the Florida School for the Deaf and the Blind, the College-Preparatory Boarding Academy, a developmental research school authorized under s. 1002.32, or a charter school authorized under this chapter. For purposes of this paragraph, a 3- or 4-year-old child who receives services funded through the Florida Education Finance Program is considered a student enrolled in a public school; (b) Enrolled in a school operating for the purpose of providing educational services to youth in a Department of Juvenile Justice commitment program; (c) Receiving any other educational scholarship pursuant to this chapter; (d) Not having regular and direct contact with his or her private school teachers pursuant to s. 1002.421(1)(i) unless he or she is enrolled in a personalized education program; (e) Participating in a home education program as defined in s. 1002.01(1); (f) Participating in a private tutoring program pursuant to s. 1002.43 unless he or she is enrolled in a personalized education program; or (g) Participating in virtual instruction pursuant to s. 1002.455 that receives state funding pursuant to the student’s participation. (5) SCHOLARSHIP-FUNDING TAX CREDITS; LIMITATIONS.—(LINK HERE for full details) (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS.—(LINK HERE for full details) (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM PARTICIPATION.— (a) Parent with child in private school must...(LINK HERE for full details) (b) A parent whose student will not be enrolled full time in a public or private school must: 1. Apply to an eligible nonprofit scholarship-funding organization to participate in the program as a personalized education student by a date set by the organization. The request must be communicated directly to the organization in a manner that creates a written or electronic record of the request and the date of receipt of the request. Beginning with new and renewal applications for the 2025-2026 school year and thereafter, notify the organization by May 31 that the scholarship is being accepted, renewed, or declined. 2. Sign an agreement with the organization and annually submit a sworn compliance statement to the organization to satisfy or maintain program eligibility, including eligibility to receive and spend program payments, by: a. Affirming that the program funds are used only for authorized purposes serving the student's educational needs, as described in paragraph (6)(d), and that they will not receive a payment, refund, or rebate of any funds provided under this section. b. Affirming that the parent is responsible for all eligible expenses in excess of the amount of the scholarship and for the education of his or her student. c. Submitting a student learning plan to the organization and revising the plan at least annually before program renewal. d. Requiring his or her student to take a nationally norm1691 referenced test identified by the Department of Education, or a statewide assessment under s. 1008.22, and provide assessment results to the organization before the student's program renewal. e. Complying with the scholarship application and renewal processes and requirements established by the organization Renewing participation in the program each year. A student whose participation in the program is not renewed may continue to spend scholarship funds that are in his or her account from prior years unless the account must be closed pursuant to s. 1002.394(5)(a)2. f. Procuring the services necessary to educate the student. When the student receives a scholarship, the district school board is not obligated to provide the student with a free appropriate public education. For purposes of this paragraph, full-time enrollment does not include enrollment at a private school that addresses regular and direct contact with teachers through the student learning plan in accordance with s. 1002.421(1)(i). (c) A parent may not apply for multiple scholarships under this section and s. 1002.394 for an individual student at the same time. An eligible nonprofit scholarship-funding organization may not further regulate, exercise control over, or require documentation beyond the requirements of this subsection unless the regulation, control, or documentation is necessary for participation in the program. TO USE FTC-PEP in a Hybrid of Private and Home Education (Parent-Directed) options s. 1002.421(1)i (i) Maintain a physical location in the state at which each student has regular and direct contact with teachers. Regular and direct contact with teachers may be satisfied for students enrolled in a personalized education program if students have regular and direct contact with teachers at the physical location at least two school days per week and the student learning plan addresses the remaining instructional time.

Home education students with disabilities are entitled to testing and diagnostic services through the school district. A school district may provide education-related services in a public school. A home education student with certain disabilities may be eligible for The Gardiner Scholarship. 1002.41(9) – Testing and Diagnostic Services Testing and evaluation services at diagnostic and resource centers shall be available to home education program students, including, but not limited to, students with disabilities, in accordance with the provisions of s. 1006.03. 1002.41(10) – School district education-related services A school district may provide exceptional student education-related services, as defined in State Board of Education rule, to a home education program student with a disability who is eligible for the services and who enrolls in a public school solely for the purpose of receiving those related services. The school district providing the services shall report each student as a full-time equivalent student in the class and in a manner prescribed by the Department of Education, and funding shall be provided through the Florida Education Finance Program pursuant to s. 1011.62. 1002.394 – The Family Empowerment Scholarship