School District Troubles? Know Your Rights: Florida Home Education Laws

We hope that today's podcast will inspire parents and embolden them into their roles as principal, first voice and the core foundation of their homes. We further hope that those parents who rely on the public education system might start stretching out their hand to exercise their rights.

We've had some conversations lately with parents, districts, etc. in which those rights have been infringed upon, and we're glad to report that because these rights are recognized in statute, they are easier to defend against the infringement.

“The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

- Justice James C. McReynolds (Majority)

https://youtu.be/6PcMDgB6nG4

The Home Education Foundation, Brenda Dickinson and Jason Crawford, are dedicated to being the parent's voice in The Capitol (Tallahassee, FL). We host a podcast each Monday at noon, and discuss various issues that arise from our advocacy and lobbying.

Today's Topic (Episode 145) is of vital importance. We have seen districts recently pushing back on parents as they decide to bring their students out of public school and into home education or a personalized education program. We have had some challenging conversations with our districts and parents recently, and wanted to do an episode dedicated to parental authority.

This episode is a reminder that the PARENT is the one directing the education, and the public school system is available to be chosen by the parent. When the parent directs their own students into a home education program, the role of the district becomes one of note taker. File the Letter of Intent - District takes Notice. File the annual evaluation - District takes notice. And it reminds parents of the limitations of the school district so that they can effectively move forward exercising their authority - not authority granted to them or permission given to them by the school district, but inherent authority of being the parent.

Here's what you can expect to find in this episode:

HEF Presentation - FL Home Ed RIGHTS_smaller.pdf

Download PDF • 7.67MB

Statement	Quote from Law	Source
Parents have the fundamental right to direct their child's education. School districts cannot override your decisions.	"...The state, any of its political subdivisions, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child..."	F.S. 1014.03
All parental rights are reserved to you. The government cannot obstruct or interfere with your choices.	"All parental rights are reserved to the parent of a minor child in this state without obstruction or interference from the state, any of its political subdivisions, any other governmental entity, or any other institution..."	F.S. 1014.04(1)
You establish and direct the program. The district has no say in your curriculum, schedule, or instructional choices.	"A 'home education program' means the sequentially progressive instruction of a student directed by his or her parent..."	F.S. 1002.01(1)
Registration is for attendance only. Home Education is not a school district program. The district's unique role is keeping track of your mandatory compliance with state attendance.	"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..."	F.S. 1002.41(1)
The district must register your program immediately. They cannot enforce "waiting periods" or arbitrary summer start dates.	"The district school superintendent shall accept the notice and immediately register the home education program upon receipt of the notice."	F.S. 1002.41(1)(b)
Districts are prohibited from inventing extra rules. If a requirement isn't explicitly in the state statute, it is illegal for them to enforce it.	"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..."	F.S. 1002.41(13)
You choose how your child is evaluated. You select the evaluation method every year, and the superintendent is legally required to accept the results.	"The parent shall select the method of evaluation and shall file a copy of the evaluation annually... The district school superintendent shall accept the results of the annual educational evaluation..."	F.S. 1002.41(1)(f) & (2)
Extra paperwork is only for extra district services. You only owe the district additional data if your child voluntarily participates in a public school class, sport, or test.	"...unless the regulation, control, or documentation is necessary for participation in a school district program."	F.S. 1002.41(13)

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