Three Legal Ways to Home School in Florida

Florida’s compulsory attendance law (§1003.21, Fla. Stat.) requires
children ages 6 to 16 to be in school — but it recognizes three separate ways to satisfy that
requirement at home. They are not the same, and the one you choose controls your paperwork, your
freedom, and your access to funding.

1. The Home Education Program — governed by §1002.41, Fla.
   Stat. You register with your county superintendent, keep a portfolio, and submit one
   annual evaluation. You control the curriculum completely. This is the pathway most Florida
   families use, and the rest of this article focuses on it.
2. Operate as a private school — under §1002.42, Fla.
   Stat. Your household registers with the state as a private school. There is no annual
   evaluation, but you must file an annual enrollment survey and keep attendance and immunization
   records. Used mostly by experienced families who want to drop the evaluation requirement.
3. Enroll in an “umbrella” or cover school — a registered private school that
   allows home-based instruction. The school keeps your student’s records and issues a transcript
   and diploma. Requirements vary entirely by provider.

Starting a Home Education Program: The Notice of Intent

To begin, you file a written Notice of Intent with the superintendent of the
county where you live. Under §1002.41(1)(a), the notice must be signed
by the parent and include the full legal names, addresses, and birthdates of every child being
enrolled. You have 30 days from the day you begin home educating to get it on file.

The superintendent must accept the notice and register your program immediately on receipt. By
law, the district cannot demand additional information, assign your child a grade
level, or place your child in any state database — unless your child later chooses to use a district
program or service. §1002.41(13) bars the district from regulating you
beyond what the statute itself requires. Keep a dated copy of your notice and proof of delivery.

The Portfolio You Must Keep

A home education program is built around a portfolio, not attendance sheets.
Florida law does not require you to track attendance or meet the definition of a “school day.”
Under §1002.41(1)(b), your portfolio must contain:

• A log of educational activities, made as you go, that also lists the titles of
  any reading materials used; and
• Samples of the student’s work — writings, worksheets, workbooks, or creative
  materials the student used or produced.

You must preserve the portfolio for two years and make it available to the
superintendent for inspection on 15 days’ written notice. In practice, inspections are rare — but
the records must exist.

The Annual Evaluation: Five Options

Once a year you must document that your child is making “educational progress commensurate with
his or her ability” and file the result with the superintendent. The evaluation is due on the
anniversary of your Notice of Intent, and you may switch methods from year to year.
§1002.41(1)(f) gives you five choices:

• Teacher portfolio review. A teacher you select reviews the portfolio and talks
  with your child. The teacher must hold a valid, regular Florida certificate to teach at the
  elementary or secondary level. (The most common option.)
• Nationally normed achievement test administered by a certified teacher.
• State assessment used by the school district, administered by a certified
  teacher under district-approved conditions.
• Evaluation by a licensed psychologist under §490.003(7)
  or (8).
• Any other valid measurement tool mutually agreed on by you and the
  superintendent.

You typically file only a brief signed letter stating that your child is performing at a level
commensurate with ability — not the test scores or the portfolio itself.

Probation and Ending the Program

If an evaluation does not show adequate progress, the superintendent notifies you in writing and
places the program on probation for one year, giving you time to remediate.
Continuing past that year depends on the next evaluation showing progress. Failing to file
an evaluation at all puts your program out of compliance and can lead the superintendent to
terminate it, after notice — which would require enrolling your child in public or private school.

When you decide to stop home educating, file a written Notice of Termination with
the superintendent within 30 days, together with that year’s annual evaluation
(§1002.41(1)(c)).

What Home Schoolers Can Still Access

Registering a home education program does not cut your child off from public benefits. Under
§1002.41 and related statutes, home education students may:

• Play public-school interscholastic sports and activities in their zoned school
  (§1006.15);
• Qualify for Bright Futures Scholarships (§§1009.53–1009.538);
• Take dual enrollment college courses (§§1007.27, 1007.271);
• Gain admission to Florida College System schools and state universities
  (§1007.263); and
• Use district diagnostic and testing services, including for students with
  disabilities.

Paying for It: The PEP Scholarship

Since House Bill 1 (2023), Florida funds parent-directed education through the
Personalized Education Program (PEP), an education savings account offered under the
Florida Tax Credit Scholarship and administered by organizations such as Step Up For Students. PEP
provides on average about $8,000 per year for curriculum, tutoring, online classes,
therapies, and approved educational expenses, and is open to K–12 students regardless of household
income (lower-income families receive funding priority).

Families whose child has a qualifying diagnosis (autism, Down syndrome, cerebral palsy, a specific
learning disability such as dyslexia, and others) may instead qualify for the more generous
Family Empowerment Scholarship for Students with Unique Abilities (FES-UA).

What You Need to Get Started

• A written, signed Notice of Intent with each child’s full legal name, address,
  and birthdate — filed with your county superintendent within 30 days
• Proof your superintendent received it (keep a dated copy)
• A portfolio: a running activity log plus samples of your child’s work, kept
  for two years
• An annual evaluation, filed on the anniversary of your Notice of Intent
• (Optional) A decision on PEP funding — and, if you take it, a Notice of
  Termination of the home education program