If you’re a Florida parent thinking about home education, the legal side can feel overwhelming fast. Between statute language, district forms, and scholarship-program jargon, it’s easy to confuse what the state actually requires with what programs like Step Up for Students say about it. This post focuses on one thing: what Florida’s home education statute (s. 1002.41) requires of families who operate a district-registered home education program.
We serve many families in this situation at our Hialeah Gardens location, and we see the same questions come up in intake calls every week. Here is what the law actually says — and what it doesn’t.
What Is a Florida Home Education Program?
Under Florida law, a “home education program” is a sequentially progressive program of instruction for a student conducted primarily by a parent using their own curriculum and resources. This is a legal status recognized under Florida Statute s. 1002.41.
This is not the same thing as:
- Enrolling in a private school
- Using a virtual or charter school
- Participating in a “home education instructional program” offered by an outside provider (like a learning center)
That last distinction matters a lot for scholarship families — we’ll come back to it in a moment.
Requirement 1: Written Notice of Intent
The first thing you must do before starting — or within 30 days of establishing your home education program — is submit a written notice of intent to your county school district’s superintendent.
For Miami-Dade families, this means contacting the Miami-Dade County Public Schools Home Education office. The notice must include:
- The parent’s or guardian’s name and address
- The student’s name and date of birth
That’s the core of it. You are not submitting a curriculum plan or getting approval — you are registering your intent to operate a home education program.
Important: If you ever end your home education program (for example, your child enrolls in a school), you must also file a notice of termination.
Requirement 2: Portfolio of Educational Records
Florida law requires home education parents to maintain a portfolio of records and materials. This serves as documentation that your child is receiving an education.
The portfolio must include:
- A log of educational activities, including titles of materials used, which can be updated regularly
- Samples of the student’s work — reading, writing, math, and other subjects
There is no mandated format. Florida does not require parents to follow a particular curriculum or submit grades. The portfolio is yours to maintain, and it needs to cover the student’s sequential program of instruction.
What Goes in a Portfolio?
Think of the portfolio as a running record of what your child learned and how. Practical items that work well include:
- Written descriptions of topics studied each week
- Photographs or scans of completed work
- Project documentation
- Copies of any evaluations or assessments
Keep it organized by date and subject area. If you’re also using an outside provider for some instruction — such as a learning center, speech therapy, or enrichment classes — you can document those as part of the student’s program.
Requirement 3: Annual Educational Evaluation
At the end of each year of a home education program, the parent must have the student evaluated using one of several methods recognized under Florida law. You choose one — you are not required to use all of them.
Acceptable annual evaluation options include:
- A Florida-certified teacher reviews the portfolio and evaluates the student’s educational progress
- A teacher employed by a Florida school or holding a valid Florida certificate
- A state or national standardized test administered by a certified teacher or through a registered testing center
- A Florida-licensed psychologist who evaluates the student’s portfolio or the student directly
- A portfolio evaluation by a person the parent designates who holds a Florida educator’s certificate or a relevant degree
Once the evaluation is complete, the parent submits written notification of the evaluation results to the district superintendent.
Does the Evaluation Determine Pass/Fail?
No. The law requires the evaluation to happen and the results to be submitted. It does not require a child to score at grade level or above. The purpose is to document that education is occurring and progressing.
What Happens If You Don’t Comply?
The district can notify you of non-compliance. If the situation is not resolved, the student’s home education program can be terminated and the student would be required to enroll in school.
This is one reason it matters to stay current — especially the annual evaluation deadline.
What This Means for Scholarship Families
If your child participates in a scholarship program like FES-UA and is registered as a home education student with the district, both things apply simultaneously:
- You must meet all Florida home education statute requirements (intent, portfolio, annual evaluation)
- You must also follow the scholarship program’s rules about purchasing services and documentation
The scholarship program does not manage your home education compliance. That is the parent’s responsibility, period.
And as a reminder: our program at Speech and Language Connection Services is a home education instructional program — courses, activities, and support that can be part of your child’s sequential plan. We are not a Florida-registered home education program, and we do not manage your district registration for you. We can be part of your portfolio documentation, though, and we’re happy to provide service records and progress updates to support your annual evaluation process.
A Quick Compliance Checklist
Before you’re more than a few weeks into your home education program, make sure you’ve handled these:
- Filed written notice of intent with Miami-Dade County Public Schools Home Education office
- Established a system for maintaining your portfolio (physical binder, digital folder, or a dedicated app)
- Started logging educational activities and collecting work samples
- Noted the one-year mark on your calendar to schedule the annual evaluation
- Confirmed how the evaluation will be conducted and by whom
Where to Find Official Information
Florida laws and county procedures can change. Always verify current requirements with the Florida Department of Education and the Miami-Dade County Public Schools Home Education office directly.
- Florida Statute s. 1002.41 (search “Florida Statutes 1002.41” at leg.state.fl.us)
- Miami-Dade County Public Schools Home Education office (verify current contact info at the district website)
- Florida Department of Education home education page at fldoe.org
If you have questions about how our services at Speech and Language Connection Services fit into your home education plan — including speech therapy, occupational therapy, and our academic enrichment program — we’d love to talk through it with you.