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hayway hearth

Florida homeschool laws and recordkeeping

Reviewed against primary sources 2026-07-26 · next review due 2026-10-26

Florida's home education program is registration-light but record-centered. A parent files a notice of intent within 30 days of starting, keeps a portfolio with an activity log and work samples preserved for two years, and files one of five annual evaluation options with the district. No days, hours, or subjects are prescribed, and the state is barred from controlling home education curricula. Separate private-school and certified-tutor paths exist outside these rules.

LEGAL STATUS

Under Fla. Stat. 1002.41(1), a home education program is not a school district program and is registered with the district superintendent only to document compliance with compulsory attendance. Fla. Stat. 1002.01(1) defines it as sequentially progressive instruction directed by the parent, and Fla. Stat. 1003.21(1)(b) bars the state and districts from overseeing or controlling the curricula or academic programs of home education programs.

What Florida requires

Notice of intent

A parent files a signed written notice of intent with the district superintendent within 30 days of establishing the program, listing the full legal names, addresses, and birthdates of each child enrolled.

Source: Fla. Stat. 1002.41(1)(a)

Compulsory ages

Attendance is compulsory for children who turn 6 by February 1 of the school year through age 16. A student who turns 16 can end enrollment only by filing a formal declaration of intent to terminate, signed by both the student and a parent, acknowledging that leaving school may reduce future earning potential.

Source: Fla. Stat. 1003.21(1), (1)(c)

Instruction time and subjects

State law sets no minimum days or hours and prescribes no subjects for a home education program. Compliance rests on the notice, the portfolio, and the annual evaluation, and the statute bars state or district control over curriculum.

Source: Fla. Stat. 1002.41; Fla. Stat. 1003.21(1)(b)

Portfolio

The parent maintains a portfolio: a log of educational activities made contemporaneously with instruction, plus samples of writings, worksheets, workbooks, and creative materials. The portfolio must be preserved for two years and made available for inspection by the superintendent on 15 days written notice.

Source: Fla. Stat. 1002.41(1)(d), (e)

Annual evaluation

Each year the parent files an evaluation with the district using one of five options: a Florida-certified teacher's portfolio review, a nationally normed achievement test administered by a certified teacher, a state assessment at a district-approved location, an evaluation by a licensed or school psychologist, or another tool mutually agreed with the superintendent.

Source: Fla. Stat. 1002.41(1)(f)

Insufficient progress

If the evaluation does not show progress commensurate with the student's ability, the superintendent notifies the parent in writing, and the parent has one year from receipt to provide remedial instruction before the student is reevaluated.

Source: Fla. Stat. 1002.41(2)

Ending the program and diplomas

A written notice of termination, filed together with the final annual evaluation, is due within 30 days of ending the program. Florida issues no state diploma for home education completion; the family's own completion documentation serves that role, and a student may instead earn a State of Florida High School Diploma through the GED pathway.

Source: Fla. Stat. 1002.41(1)(c); FLDOE Home Education pages

Alternative tracks

Outside the 1002.41 program, a family may enroll the child in a registered private school under Fla. Stat. 1002.42, including schools that accept students who study primarily at home, or use a private tutor holding a valid Florida certificate under Fla. Stat. 1002.43, in which case the tutor keeps the records and makes required reports. A separate scholarship-linked personalized education program category also exists under Fla. Stat. 1002.01(2).

Source: Fla. Stat. 1002.42; Fla. Stat. 1002.01(2), (3); Fla. Stat. 1002.43; Fla. Stat. 1003.01(16)

Extracurricular activities

A home education student may participate in interscholastic and intrascholastic extracurricular activities at a public school in the resident district, subject to the statutory eligibility standards; 2026 legislation effective July 1, 2026 broadened access beyond the previously assigned school.

Source: Fla. Stat. 1006.15, as amended by SB 538 (2026)

Where hearth fits

hayway hearth is in development, and for Florida families it is planned to keep the two records the state actually checks: a contemporaneous activity log that builds itself from completed lessons, and a dated work-sample portfolio organized by child, with the 30-day notice window and the annual evaluation date surfaced ahead of time. It will not file anything with a district or claim a portfolio satisfies Florida law.

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Primary sources

This page is informational, not legal advice. Requirements change; verify against the linked primary sources or your district before acting.