The Florida Senate

232.02  Regular school attendance.--Regular attendance is the actual attendance of a pupil during the school day as defined by law and regulations of the state board. Regular attendance within the intent of s. 232.01 may be achieved by attendance in:

(1)  A public school supported by public funds;

(2)  A parochial, religious, or denominational school;

(3)  A private school supported in whole or in part by tuition charges or by endowments or gifts; or

(4)  A home education program as defined in s. 228.041, provided that at least one of the following conditions is met:

(a)  The parent holds a valid regular Florida certificate to teach the subjects or grades in which instruction is given and complies with any other requirements prescribed by law or rules of the state board; or

(b)  The parent does not hold a valid regular Florida certificate to teach and complies with the following requirements:

1.  Notifies the superintendent of schools of the county in which the parent resides of her or his intent to establish and maintain a home education program. The notice shall be in writing, signed by the parent, and shall include the names, addresses, and birthdates of all children who shall be enrolled as students in the home education program. The notice shall be filed in the superintendent's office within 30 days of the establishment of the home education program. A written notice of termination of the home education program shall be filed in the superintendent's office within 30 days of said termination.

2.  Maintains a portfolio of records and materials. The portfolio shall consist of a log, made contemporaneously with the instruction, which designates by title the reading materials used and samples of any writings, worksheets, workbooks, and creative materials used or developed by the student. The portfolio shall be preserved by the parent for 2 years and shall be made available for inspection by the superintendent, or the superintendent's agent, upon 15 days' written notice.

3.  Provides for an annual educational evaluation in which is documented the pupil's demonstration of educational progress at a level commensurate with her or his ability. A copy of the evaluation shall be filed annually with the district school board office in the county in which the pupil resides. The annual educational evaluation shall consist of one of the following:

a.  A teacher selected by the parent shall evaluate the pupil's educational progress upon review of the portfolio and discussion with the pupil. Such teacher shall hold a valid regular Florida certificate to teach academic subjects at the elementary or secondary level. The teacher shall submit a written evaluation to the school superintendent;

b.  The pupil shall take any nationally normed student achievement test used by the district and administered by a certified teacher. Such test results shall be reported to the school superintendent;

c.  The pupil shall take a state student assessment test. Such test results shall be reported to the school superintendent;

d.  The pupil shall be evaluated by an individual holding a valid, active license pursuant to the provisions of s. 490.003(7) or (8). Such results shall be reported to the school superintendent; or

e.  The pupil shall be evaluated with any other valid measurement tool as mutually agreed upon by the school superintendent of the district in which the pupil resides and the pupil's parent or guardian. Such results shall be reported to the superintendent.

The school superintendent shall review and accept the results of the annual educational evaluation of the pupil in a home education program. If the pupil does not demonstrate educational progress at a level commensurate with her or his ability, the 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 pupil. At the end of the 1-year probationary period, the pupil shall be reevaluated as specified in this subparagraph. Continuation in a home education program shall be contingent upon the pupil demonstrating educational progress commensurate with her or his ability at the end of the probationary period.

History.--s. 602, ch. 19355, 1939; CGL 1940 Supp. 892(173); s. 9, ch. 59-371; s. 92, ch. 72-221; ss. 2, 3, ch. 85-144; s. 1, ch. 87-64; s. 16, ch. 87-252; s. 11, ch. 89-70; s. 26, ch. 90-306; s. 19, ch. 91-57; s. 1258, ch. 95-147; s. 52, ch. 95-228; s. 20, ch. 97-198; s. 212, ch. 97-264.