
Requirements
THE LEGAL DEFINITION OF HOMESCHOOLING:
Home education, as defined by Florida law, is “sequentially progressive instruction of a student directed by his or her parent or guardian in order to satisfy the requirements of Statute 1003.21 and 1002.41.” The law is broad, giving parents quite a bit of freedom to direct their child’s education. Children of all ages are home-educated across the state, and many are entering college straight from their courses of study at home.
Link to Florida Statutes (Chapter 1002)
Home education
is one of five ways to satisfy Florida’s compulsory attendance law. Statute 1003.01 (13) gives parents the choice of achieving regular school attendance through one of these provisions:
• Public school
• Parochial, religious or denominational school
• Nontraditional private school
• Home-education program
• Private tutoring program
Four of these options are in the private sector — ultimately parents choose the setting, curriculum, opportunities and educational experiences. In all cases, a child turning 6 before February 1 of the school year is subject to compulsory attendance and must attend school regularly the entire term.
Home-Education Program : Florida Statute 1002.41
Under this statute, parents who choose to teach and direct the education of their own children at home must notify their district school superintendent and meet all requirements of this law. The child must show educational progress each year. Students registered with the school district are, by law, home education students. The parent must keep a portfolio rather than records of instructional hours or days of attendance each year.
Private Schools : Florida Statute 1003.23 (2)
Parents may choose to register their children in a private school (parochial, religious, denominational or nontraditional). The school is responsible for keeping attendance records and enrollment registers.Students registered in one of these schools are, by law, private school students, not home education students.
Private Tutoring Program : Florida Statute 1002.43
Parents may choose to hire a private tutor to educate their children. The law requires a tutor to hold a Florida certificate in the grades and subjects in which instruction is given.
Note: To clarify the status of any legal information, contact your FPEA District Director or local homeschool group leader.
How Do I Comply with
Homeschool Law?
By definition, a home-education program is “sequentially progressive instruction of a student directed by his or her parent in order to satisfy the requirements of Statute 1003.21 and 1002.41.”
The parent is not required to be a certified teacher or have any educational qualifications. As the parent, you are the primary instructor for, and supervisor of, your child’s education. Supplementary instruction through other activities is permissible and encouraged, including extracurricular athletic or music activities, Florida Virtual School, part-time enrollment at a public or private school, or dual enrollment in a college or university.
People often ask if it is legal to teach other people’s children. If someone else becomes a child’s primary instructor and directs the child's education whether in the home or not, and if the instruction takes place daily and consistently, then the instructor must hold a valid Florida teaching certificate in the subjects and grades being taught. Legally, this type of teaching falls under private tutoring (see page 25). However, this does not preclude someone with primary responsibility for the child from home-educating the child. The definition of “parent” in Statute 1000.21(5) “is either or both parents of a student, any guardian of a student,or any person in a parental relationship to a student, or any person exercising supervisory authority over a student in place of the parent.”
The parent is not required to be a certified teacher or have any educational qualifications. As the parent, you are the primary instructor for, and supervisor of, your child’s education. Supplementary instruction through other activities is permissible and encouraged, including extracurricular athletic or music activities, Florida Virtual School, part-time enrollment at a public or private school, or dual enrollment in a college or university.
People often ask if it is legal to teach other people’s children. If someone else becomes a child’s primary instructor and directs the child's education whether in the home or not, and if the instruction takes place daily and consistently, then the instructor must hold a valid Florida teaching certificate in the subjects and grades being taught. Legally, this type of teaching falls under private tutoring (see page 25). However, this does not preclude someone with primary responsibility for the child from home-educating the child. The definition of “parent” in Statute 1000.21(5) “is either or both parents of a student, any guardian of a student,or any person in a parental relationship to a student, or any person exercising supervisory authority over a student in place of the parent.”
Is Kindergarten
Mandatory?
Kindergarten is mandatory only if you will be enrolling your child in a public school for first grade. Placement is determined by the principal, and even if you have documented kindergarten and turned in an evaluation, the principal still can decide to have your child repeat kindergarten.
Unless a parent is absolutely sure the child will be home educated in first grade, the safest route is to register your child with the county for kindergarten. You would then be required by law to turn in an evaluation for that year.
Some school districts will not allow a child to be registered for kindergarten for home education. Check with your school district regarding what process might be used if the child was not home educated for kindergarten and was to be enrolled in a public school for first grade. The school, for example, might assess the child after a month or two and move the child into first grade.
If a child is registered for kindergarten, the school would require proof that your child has satisfactorily completed a kindergarten program, so an evaluation would need to be submitted to the school district. Some private schools may also require this. Entry into any grade beyond first will not require proof of kindergarten but may require demonstration of minimum skills for the grade entered.
Unless a parent is absolutely sure the child will be home educated in first grade, the safest route is to register your child with the county for kindergarten. You would then be required by law to turn in an evaluation for that year.
Some school districts will not allow a child to be registered for kindergarten for home education. Check with your school district regarding what process might be used if the child was not home educated for kindergarten and was to be enrolled in a public school for first grade. The school, for example, might assess the child after a month or two and move the child into first grade.
If a child is registered for kindergarten, the school would require proof that your child has satisfactorily completed a kindergarten program, so an evaluation would need to be submitted to the school district. Some private schools may also require this. Entry into any grade beyond first will not require proof of kindergarten but may require demonstration of minimum skills for the grade entered.

