Homeschooling is on the rise nationwide. Florida is leading the drive for parents and guardians to take control of their children's education.
For families in the Sunshine State, homeschooling is an attractive option for school because of the state's minimal regulations. Florida recognizes that families have the right to not only homeschool but also the flexibility to make their own decisions about their children's education.
Florida may have fewer regulations than other states. That doesn't mean homeschooling families won't encounter programs.
Educators and politicians with skewed views of education, including the idea that education can occur in a building labeled school, can unfairly hurt homeschooling families. Schools or individuals may use regulations to make it more difficult for families to homeschool or otherwise interfere with their right to make educational decisions.
You can defend your right to make decisions about your children's education. If anyone is interfering with that right, the Education Law Team at the Lento Law Firm can help. Call us at 888-535-3686 or fill out an online form.
Homeschooling in Florida
Florida is a leader in the move to homeschooling. According to the Washington Post, between the 2017-2018 and 2022-2023 school years, Florida saw a 72-percent increase in the number of students who are homeschooled.
Statistics from the Florida Department of Education mirror these numbers, with over 150,000 students being homeschooled during the 2022-2023 school year. The Sunshine State is home to nine of the top ten school districts that have the highest percentage of homeschooled students.
Misconceptions About Homeschooling
For families who decide to homeschool, one of the challenges is confronting the misinformation that abounds about the practice. Such attitudes can undermine children's education or create unnecessary burdens on the family.
For example, despite the popular view that homeschooling disrupts a child's social skills, one student found that homeschooled students had fewer behavioral problems than children enrolled in traditional schools. Other students have found that homeschooled students fared better on standardized tests and had higher college GPAs.
Homeschooling is like any educational option. What families put into the process reflects the result.
How to Homeschool in Florida
Florida gives families flexibility when making educational choices. The state does have some requirements for home education, which is the state's formal term for homeschooling.
Families need to follow these requirements. It's equally important for school districts and other government entities not to overstep their powers or create barriers to parents' and guardians' right to exercise their right to make educational choices for their children.
Parents and guardians don't need to pass any test or possess any specific educational credentials to teach their children. Families do not have to follow any requirements as to curriculum or required subjects.
What families do need to do is maintain a portfolio of records and materials. School districts may ask to review these records.
Registration
Within 30 days of intending to begin home instruction, families must submit a written letter to their district's superintendent. School districts cannot request any information beyond what should be included in the letter of intent.
An increasing number of Florida school districts allow families to submit a letter of intent online. Hillsborough County Public Schools includes both a letter of intent and the steps to meet the state's homeschooling requirements.
Annual Evaluation
Homeschooled students must undergo one evaluation option every school year. Orange County Public Schools includes its evaluation form on its website. Even if not available online, school districts should make this information and any form easily accessible to homeschooling families.
Florida's annual evaluation options for homeschool families:
- A Florida-certified teacher reviews the home education program, including student progress
- A nationally normed achievement test administered by a Florida-certified teacher
- A Florida student assessment exam used by the student's local public school district, administered by a Florida-certified teacher, and at a time and location approved by the school district
- An academic evaluation by a licensed psychologist
- Other evaluation methods agreed upon by the school district and family
Homeschooled students need to undergo only one of these evaluation options every school year. Evaluations matter because Florida does give school districts the power to terminate home education programs that fail to provide an annual evaluation.
Umbrella Schools
Florida allows families to enroll in private schools that help guide and support homeschooling families. Known as umbrella schools, Florida doesn't limit the number of courses students can take through these programs.
Extracurricular Activities
Children who are homeschooled may participate in public school extracurricular activities. Families cannot choose the public school but must participate in the public school a student would attend if they weren't homeschooled.
Florida also allowed students to request to participate in a private school's activities. It's at the private school's discretion as to whether they allow homeschooled students to participate.
Homeschooled students who participate in extracurricular activities must meet the same requirements as students enrolled in that school. Such expectations include meeting the same requirements for residency and academics. They must also follow the same code of conduct.
School districts should have these requirements available for homeschooling families. Broward County provides a summary of how homeschooling students can participate in the district's activities.
Special Education
All children with disabilities have the right to receive special education services from their local school. That a child is part of a home education program or not enrolled in their local school doesn't reduce a school's obligation to provide special education services to that student.
Families cannot simply request special education services. A student must have a qualifying disability to be eligible for services.
Schools determine if a child has a qualifying disability through assessment. Children may be referred to a school, or a family may request an assessment if they believe a child has a disability. This assessment should be provided to the family at no charge.
Similarly, once a child qualifies for special education services, schools cannot charge families. All services must be provided at no cost.
Any child who is under the age of 21 and hasn't graduated from high school is eligible for special education support. This includes babies and toddlers who are too young to attend school. They can qualify for early intervention services.
Students may qualify for special education services under one of two federal laws:
Schools will generally first check to see if a child qualifies under IDEA. This law has a more limited definition of qualifying disabilities. When a student meets its eligibility requirements, a school must provide that student with an Individualized Education Plan (IEP).
For students who don't meet IDEA's requirements, Section 504 uses a broader definition of disability. If a student has a qualifying disability under Section 504, they'll receive a 504 Plan.
That a child with disabilities is homeschooled doesn't reduce a public school's obligation to provide them with the services and support they need. If a school district is attempting to deny its duty to provide your child with special education services, contact the Education Law Team at the Lento Law Firm.
Vaccines
Florida doesn't require home education students to fulfill any immunization requirements. The exception is if students participate in extracurricular activities or receive special education services at a public school. Any child or teenager who participates in campus activities must meet the same immunization requirements as children enrolled in public schools.
Florida has three categories for immunization exemptions. Families will need to submit a form specific to each exemption to the school district. Florida's recognized exemptions:
- Temporary Medical Exemptions (TME) are for students who are in the process but haven't completed their required immunizations. Students must complete the required vaccines before a TME's expiration date.
- A Permanent Medical Exemption, completed by a child's doctor, can be used when medical reasons limit a child's ability to be immunized. PMEs must include the reason for the exemption, and the exemption must be based on “valid clinical reasoning or evidence.”
- Religious Exemptions can be filed due to “established religious beliefs or practices only.” They're based on a child's parent or guardian's beliefs and tenets, and county health departments issue all religious exemptions.
Both permanent medical exemptions and religious medical exemptions need to be based on established knowledge or research. Families cannot make up a religious tenet or decline to provide a medical reason for an exemption.
On the other side of the coin, a school district cannot refuse to accept immunization exemptions simply because they dislike the reasons given. If a school district does deny an exemption, the district should provide specific reasons.
For immunization purposes, school districts should treat homeschooled students the same as enrolled students. School districts shouldn't create extra immunization requirements for homeschooled students or otherwise use vaccines to limit a child's access to campus activities. They cannot, for example, refuse to accept an exemption for a homeschooled student if they would accept it for an enrolled student.
Scholarships and the Cost of Homeschooling
Florida has evolving opportunities to help homeschooling families cover costs. Parents and guardians who home school may apply for the Family Empowerment Scholarship – Unique Abilities (FES-UA) and Personalized Education Program (PEP). Both were signed into law in 2023.
FES-UA scholarships expand support options for families of students with disabilities. The program gives families money to invest in certain educational programs and support rather than having to rely on public schools. Families need to reapply annually. The FES-UA Scholarship was previously known as the Gardiner Scholarship.
PEP is intended to support up to 40,000 students annually. It eliminates the income eligibility restrictions for the Florida Tax Credit Scholarship Program and allows families to use an education savings account to support home education financially.
These programs may have additional requirements for families who receive scholarships. The Tampa Bay Times has suggested that scholarship recipients may have added “accountability measures.” Families may have to trade some for their freedom to make educational choices for financial support.
These scholarships can provide useful financial support. Homeschooling can be expensive. It's estimated that homeschooling, at its most basic, can cost between $700 and $1800 annually for each child.
These scholarships are intended to help homeschooling families. If they're used to enforce a certain curriculum or otherwise impede a family's educational choice, they may instead end up being disadvantageous to the families who qualify for the funds.
New and evolving areas of laws, such as FES-UA and PEP, can have unexpected challenges. New laws may have undefined gray areas or disadvantage the people they're expected to help. If you've qualified for these scholarships and believe they're being used to limit or burden your choice to homeschool, contact the Education Law Team at the Lento Law Firm.
College and Dual Enrollment
Florida recognizes that students who complete a home education program have the same right to attend college as students who graduate from traditional schools. Homeschooled high school graduates may also apply for the Florida Bright Futures Scholarship Program.
Colleges and universities may have different application requirements for homeschooled students. Students may also be eligible to participate in dual enrollment. Dual enrollment allows students still finishing high school to take some college classes.
Families should check with specific schools to see the application requirements. Eastern Florida State College has a specific page explaining how homeschooled students can apply for dual enrollment.
When looking at the differences in application requirements for students who are homeschooled versus those who attend a high school, families should keep in mind the requirements don't have to be identical. Rather, they need to be similar.
If an admission requirement creates a significantly higher bar or places burdens on homeschooled students, a school may discriminate against students simply because their families exercised their educational rights.
Homeschooling is a Right
In Florida, families have a fair amount of flexibility to homeschool. The state recognizes parents' right to decide on their child's education.
If and when an individual or organization attempts to limit or impede that educational right, the Education Law Team at the Lento Law Firm can assist. We help families throughout Florida defend their right to homeschool. Call us at 888-535-3686 or fill out an online form.
