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The Legislature ended in March (2018) and as reported before several important changes for home education students were passed into law.  However, it generally takes several weeks for the Department of Education (DOE) to notify or provide legal interpretation of those laws for the districts.  If the language in the law is not specific enough, then the DOE will tell those affected by the laws how to implement them. HEF has been waiting for that Technical Assistance Paper to be issued regarding how the $550,000 set aside for paying for home education students dual enrollment books is to be distributed.  A document http://www.fldoe.org/core/fileparse.php/7749/urlt/DFC-2018-02.pdf was issued on May 25, 2018, but without specifics on how students are to get their books.  It states that the colleges will be reimbursed for a portion of the cost of dual enrollment books for home education students, but it does not say how those books will be provided.  HEF kept waiting for additional guidance, hoping that there would be a more uniform policy across the 28 state colleges.  There is no mention of state universities in the document.  All the funding went to the DOE so one would assume that the Legislature did not consider paying for dual enrollment books for home education students taking classes at state universities since DOE does not oversee state universities. So, after July 1, when the law actually took affect and no further guidance was issued, Brenda called the DOE Division of State Colleges to see if there was going to be any further information coming out.  I was told that the DOE is leaving how books are to be provided up to the discretion of each state college.  Therefore, home education students will have to check with the Dual Enrollment coordinator at their state college to find out how they are going to get their books. This is what happens when the laws are not specific.  There is too much left up to interpretation.  The funds for the dual enrollment books was not in a policy bill.  HEF tried to get the legislators to put the specifics in the home education bill but they decided just to remove the language in the dual enrollment section of law requiring home education students to provide their own instructional materials.  Separately, the Legislature decided to allocate the funds to cover dual enrollment books for home education students in the budget but without any proviso language to direct the spending of those funds. The good news is that the funds are recurring which means that they will automatically be calculated into the budget in the future if no effort is made to remove that category of funds.  But, as you know, nothing is permanent in statute or budgets. It can be changed each time the Legislature meets.  That is why home educators must have a lobbyist in the Capitol in Tallahassee at all times during the Session to protect the right and freedoms of home educators in Florida.  HEF is your Voice at the Florida Capitol to protect your rights.

Question: Our local community college is telling our students, who are currently enrolled in a private school, that they must register with the county, as home educators, in order to participate in Dual Enrollment. Is that true? Answer: It is incumbent on each private school to negotiate an articulation agreement between their school and the local community colleges. Your students may not be enrolled in a school and with the county. FL Statute 232.02 lists five ways to meet compulsory attendance, and those students registered with you have chosen option # 3. Explain that to the admissions personnel at the CC. They should have a contact person for Articulated Acceleration, so find out who that is, and establish the agreement through that liaison. Familiarize yourself with the statutes that apply to private school articulation (240.116(2)(a)) . Keep in mind that statutorily the law sees your schools’ students as private schoolers, not home schoolers. That is where the differentiation will lie for you and (your local community college).

Question: A parent of a student who is registered under a private (600) school has her child taking band at our local public high school. I don’t believe her child can participate under the “home ed” statutes. Answer: You are correct.  The FL School Music Association, which oversees band and chorus, has the same eligibility standards as FHSAA.  They used to be one in the same when the Florida High School ‘Athletic’ Assoc. became the Florida High School ‘Activities’ Assoc. The guidelines of the Craig Dickinson Act (FL St.1006.16) are the same in both cases, and when the FSMA moved out from under FHSAA, they took along the same standards. That said, some counties do allow private school students to take classes at the public schools.  However, the band competition is what would make this situation fall under eligibility standards. This is one of those situations where the burden to do the right thing falls on home schoolers.  ALL home educators could lose the opportunity to participate in extra-curricular activities once ONE team/band/chorus loses its standing because one of “us” was ineligible. The FSMA website states: 2.3  A student is eligible to participate in FSMA events if that individual: 2.3a. is not a high school graduate; and 2.3b. is a full-time student in the participant school, or has registered as a home-schooled student with the participating school. Here’s the link: http://fsma.flmusiced.org/eligibility/home-education-eligibility/

(1) As used in this section, the term “home education program” has the same meaning as in s. 1002.01. A home education program is not a school district program and is registered with the district school superintendent only for the purpose of complying with the state’s attendance requirements under s. 1003.21(1). The parent is not required to hold a valid regular Florida teaching certificate. (a) The parent, as defined in s. 1000.21, who establishes and maintains a home education program 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 must be in writing, signed by the parent, and include the full legal names, addresses, and birthdates of all children who shall be enrolled as students in the home education program. The notice must be filed in the district school superintendent’s office within 30 days of the establishment of the home education program. (b) The district school superintendent shall accept the notice and immediately register the home education program upon receipt of the notice. The district may not require any additional information or verification from the parent unless the student chooses to participate in a school district program or service. The district school superintendent may not assign a grade level to the home education student or include a social security number or any other personal information of the student in any school district or state database unless the student chooses to participate in a school district program or service. (c) The parent shall file a written notice of termination upon completion of the home education program with the district school superintendent, along with the annual evaluation required in paragraph (f), within 30 days of termination. (d) The parent shall maintain a portfolio of records and materials. The portfolio must 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. (e) The parent shall determine the content of the portfolio, preserve it for 2 years, and make it available for inspection, if requested, 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. (f) 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 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)(f). 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. 1009.53-1009.538. (6) Home education students may participate in dual enrollment programs in accordance with ss. 1007.27(4) and 1007.271(13). (7) Home education students are eligible for admission to Florida College System institutions in accordance with the provisions of s. 1007.263. (8) Home education students are eligible for admission to state universities in accordance with the policies and guidelines of the Board of Governors. (9) 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. (10) 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. (11) A school district may provide access to career and technical courses and programs for a home education program student who enrolls in a public school solely for the career and technical courses or programs. The school district that provides the career and technical courses and programs shall report each student as a full-time equivalent student in the class and in a manner prescribed by the department, and funding shall be provided through the Florida Education Finance Program pursuant to s. 1011.62. (12) Industry certifications, national assessments, and statewide, standardized assessments offered by a school district shall be available to home education program students. Each school district shall notify home education program students of the available certifications and assessments; the date, time, and locations for the administration of each certification and assessment; and the deadline for notifying the school district of the student’s intent to participate and the student’s preferred location. (13) A school district may not further regulate, exercise control over, or require documentation from parents of home education program students beyond the requirements of this section unless the regulation, control, or documentation is necessary for participation in a school district program. History.—s. 106, ch. 2002-387; s. 82, ch. 2007-217; s. 29, ch. 2011-5; s. 5, ch. 2012-191; s. 175, ch. 2014-17; s. 28, ch. 2014-39; s. 2, ch. 2016-137; s. 1, ch. 2018-134. #100241HomeEducationProgram #FloridaHomeEducationLaws #Laws

The Florida Bright Futures Scholarship Program was created to establish a lottery-funded scholarship program to reward any Florida high school graduate who merits recognition of high academic achievement and who enrolls in a degree program, certificate program, or applied technology program at an eligible Florida public or private postsecondary education institution within 3 years of graduation from high school. 1009.531 – Florida Bright Futures Scholarship Program; student eligibility requirements for initial awards 1009.532  – Florida Bright Futures Scholarship Program; student eligibility requirements for renewal awards. 1009.534 – Florida Academic Scholars award. 1009.5341 – Florida Bright Futures Scholarship awards for graduate study. 1009.535 – Florida Medallion Scholars award. 1009.536 – Florida Gold Seal Vocational Scholars and Florida Gold Seal CAPE Scholars awards. 1009.538 – Bright Futures Scholarship recipients attending nonpublic institutions; calculation of awards.

(See here for info on the offices which govern private schools and home education programs.) Dual Enrollment: The passage of Senate Bill 1246 on 1-21-2020, in the Senate Education Committee gives me hope that the Legislature will ensure that all students have access to dual enrollment in the future. The ill is sponsored by Sen. Kelli Stargel, Chair of the Appropriation Sub-Committee of Education, therefore, it appears she has the funding worked out with leadership in the Senate.  The Senate blocked the House bill from passing last year, but SB 1246 is a much better bill than last year’s House bill and this year’s House Companion bill 187. Governor DeSantis and the Richard Corcoran, Commissioner of Education, have both indicated that they support the expansion of the dual enrollment program for all students.  The Commissioner recommended $16 million in the Department of Education proposed budget for 2020.  The analysis of SB 1246 estimates that the cost to provide funding for private school and home education students during the fall and spring terms and all students during the summer term will cost $28.5 million. SB 1246 states that both public postsecondary and eligible private postsecondary institutions shall receive funding equivalent to the standard tuition rate per credit hour for each dual enrollment course taken by a private school or home education student during the fall and spring terms but this is subject to an annual appropriation. My concern is that if the “subject to an annual appropriation” language remains in the bill it would require lobbying the Legislature every year to make sure the money is in the final budget. SB 1246 provides a mechanism for colleges and universities to be reimbursed for private and home education students’ tuition, registration fees and instructional materials through the Dual Enrollment Scholarship Program.  If the postsecondary institutions are compensated for tuition and fees, they will be more friendly toward dual enrollment students. The goal is to give students the opportunity to earn an AS, AA, or industry certification before they graduate from high school.  This bill encourages dual enrollment. The House Bill 187, sponsored by Representative Zika, is significantly different from the SB 1246 and has passed the first committee in the House. The House bill prohibits public postsecondary institutions from charging private schools or private school students tuition and registration fees for dual enrollment, but does not say how those cost will be paid.  Under HB 187 the postsecondary institution would have to absorb the cost.  HB 187 does provide $550,000 to cover the cost of private school student’s instructional materials. The differences between these bills will have to be worked out in the Subcommittee on Education in the Senate and the Appropriations Committees in both Chambers. Needless to say we would like for SB 1246 to be the bill that passes this Session. The Gardiner Scholarship Today in Tallahassee there was Rally to support the K-12 state scholarship programs, including the Gardiner Scholarship.  Both the Governor and the Senate President spoke at the Rally in support of the Gardiner Scholarship Program and the desire to add $42 million to the appropriation in order to serve the 3500 students on the waiting list.  I believe that the House will support the increase because they have consistently supported choice programs for Florida students. Please go to www.flhef.org to donate to The Home Education Foundation through Paypal.

You've no doubt heard the arguments online: "You're not real homeschoolers." It's a very popular topic. It begs the question, "What is home education?" and, "Is homeschooling different than home education?" Honestly, all of this is very interesting to me. It really depends on your purpose for asking the question. See, the question itself doesn't give enough information to answer it directly. Are you asking from a legal point of view, or are you asking from a colloquial use point of view? Legally, in Florida there's no statute that references homeschooling. All of the statutes refer to home education. But what's even more interesting is the definition given for home education: s. 1002.01 Definitions. (1) A “home education program” means the sequentially progressive instruction of a student directed by his or her parent to satisfy the attendance requirements of ss. 1002.41, 1003.01(16), and 1003.21(1). This definition in statute clarifies two things. First, the instruction of the student by the parent satisfies an attendance requirement given by the state. Second, the nature of the difference in home education and other forms of education recognized by the state is that it is PARENT-DIRECTED. In fact, it's likely to become more useful to refer to all forms of home education and homeschooling, etc. by these words because they're descriptive of function and form. The reason this is important is not because it differentiates home education from homeschooling, but because there is a growing trend to lump all forms of non-traditional schooling in together as "other choice options" (FLDOE). Step Up for Student's President, Doug Tuthill, recently wrote an interesting article in which he argues for public funding to go to all forms of public education initiatives, and that all forms of education, from public school to private and homeschool, etc., are public education options. He's trying to draw out a nuanced oversight on the part of people arguing against the "privatization" of public education spending, by stating that the constitution seats public school and all public education options together to serve the public good. Homeschooling is not public school at home. Blurring the line between homeschooling and public schooling is problematic. One issue the HEF lobbyists ran into this past legislative season is that many of the legislators have only the vaguest mental image of what homeschooling is... yet they're writing laws that regulate it. The more the lines between homeschooling and public schooling are blurred, the harder it becomes to hold the line and fight for home education freedoms. In Doug Tuthill's argumentation about the validity of the funding, home education is losing its iconic freedom. The emphasis on homeschooling as a form of public education should cause an alarm in your head to go off. While it is true that the constitution reads it exactly that way, legislation and the rules according to the FLDOE reads it as follows: "Home Education is a parent-directed educational option that satisfies the requirement for regular school attendance enshrined in the Florida Statutes since 1985. Parents have the freedom to determine their child’s educational path and the plan for reaching their goals." This is a rewording of the Florida statute 1002.01 "Definitions," but aligns with it. The statutes then go on to state: s. 1002.41(1) A home education program is not a school district program and is registered with the district school superintendent only for the purpose of complying with the state’s attendance requirements under s. 1003.21(1). The parent is not required to hold a valid regular Florida teaching certificate. OK! So, what's the big deal about defining homeschooling or home education, and why does all of this matter? It matters because there are several growing trends across the nation. One of those trends was brought on by the COVID response. Everything seemingly across the globe shutdown, and the ruts every family found themselves in were suddenly and forcibly changed. Kids were home. Many started to peek behind the curtain of what's really going on in schools and they didn't like what they saw. Another trend is that a superspike in homeschooling families has changed the heartbeat and pulse of the home education community. Pre-pandemic numbers for home education in Florida reported by the FLDOE were around 90k students and post pandemic numbers show upwards of 152k. That's over a 60% growth spike. The traditional, freedom-loving, off-the-grid, homeschooling student is almost instantly a minority. And the growth trend seeks to eliminate the distinctions we've worked so hard over the years to make, and the freedoms attached to those distinctions we've aimed at fighting for. One final trend, and this is the one Doug Tuthill wrote about, and one which many parents are concerned about—the inherent growth and rerouting of public funds to support the choices parents are making for their families. Obviously, this begs the question as to whether it's good or bad, right or wrong, and this article is not for that topic. Whether it's good or bad, it's happening. We are concerned with the changes all of these trends are making to the landscape of homeschooling. We are concerned that the landmark decision made by the US Supreme Court in 1925 will find itself lost in the momentum and growth adding confusion and a loss of freedoms as programs become lumped together. That Supreme Court decision stated in clear terms, "The child is not the mere creature of the State." The child is the creation of the parents. The child born in the United States has a God-given right recognized by our government to life, liberty, and the pursuit of happiness. The parents have the "right coupled with the high duty" [268 U.S. 510 (1925)] to educate and prepare that child for life. That is why it's vital to define Home Education and Homeschooling as PARENT-DIRECTED EDUCATION. And to protect this line. We all need to unite to protect our right to direct the education of our children without interference. References: Statutes : Chapter 1002 Students and Parents Rights and Educational Choices Home Education (fldoe.org) School Choice (fldoe.org) Article IX, Florida Constitution - Ballotpedia Pierce v. Society of Sisters - Wikipedia Home-Ed-Annual-Report-2021-22 (fldoe.org)

(6) “Parent” is either or both parents of a student, any guardian of a student, any person in a parental relationship to a student, or any person exercising supervisory authority over a student in place of the parent. edit: updated April 2024 #DefinitionofParent1000215 #FloridaHomeEducationLaws #Laws #parentdirected

The state recognizes the contributions of private schools and home education programs in providing alternatives to public school education. These nongovernmental educational systems serve the public, but are not considered to be a part of the public system of education. (1) The Office of Private Schools and Home Education Programs is established within the Department of Education. The Department of Education and the Commissioner of Education have no authority over the institutions or students served by the office. The office shall: (a) Serve the interests of students and the parents of students in private schools and home education programs. (b) Serve the interests of private institutions. (c) Provide general information to the public about private and home education delivery systems. (2) The Commissioner of Education shall appoint an executive director for the office who shall: (a) Serve as a source of communication between private schools, home education programs, the Commissioner of Education, and the State Board of Education. (b) Evaluate pending policy to ensure that the policy does not subject private schools and home education programs to additional regulation or mandates. (c) Establish a clearinghouse of information for the public. (d) Foster a collaborative spirit and working relationship among private schools, home education programs, and the public sector. (e) Identify and convey the best practices of private schools and home education programs for the benefit of the public and private education delivery sectors. (f) Represent issues and concerns relating to home education programs and private schools on all applicable ad hoc advisory bodies. #100121GovernanceOfficeofPrivateSchoolsandHomeEducationPrograms #FloridaHomeEducationLaws #Laws

1002.37(b) The mission of the Florida Virtual School is to provide students with technology-based educational opportunities to gain the knowledge and skills necessary to succeed. The school shall serve any student in the state who meets the profile for success in this educational delivery context and shall give priority to: 1. Students who need expanded access to courses in order to meet their educational goals, such as home education students and students in inner-city and rural high schools who do not have access to higher-level courses. See 1002.37 here #FLoridaVirtualSchool #highschool #100237b1 #ExtracurricularActivities #FloridaHomeEducationLaws

(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. #10030113 #Attendance #FloridaHomeEducationLaws

(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. Public school students who have attained the age of 16 years and who have not graduated are subject to compulsory school attendance until the formal declaration of intent is filed 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 shall notify the student’s parent of receipt of the student’s declaration of intent to terminate school enrollment. #Attendance #curricula #FloridaHomeEducationLaws #stateregulated