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FS 1002.41 Sections 4-9
Other Stuff - private schools, reenrollment, virtual schools, diplomas
FS 1002.41 Sections 1-3
Q. Okay, the laws look pretty good, but can you restate them in plain English?
A. Sure. Let's break down what FS 1002.41 is saying
1) A "home
education program" is defined in s. 1002.01. The parent is not required to
hold a valid regular Florida
teaching certificate.
- 1002.01 just says a home education program is
sequentially progressive instruction (proceeding at progressively higher
levels year to year), directed by a parent/guardian in order to satisfy
compulsory attendance laws (ages 6-16)in Florida.
- And you don’t have to be a certified teacher to teach
your child.
- Nor do you have to do the teaching. You direct
your child’s education, meaning you can use tutors, cooperative learning
programs, correspondence programs, etc. Even if you do not teach
your child yourself, however, you are responsible for satisfying the
letter of the law with respect to home education, and must comply with
annual evaluation and other related requirements.
a) The parent shall
notify the district school superintendent of the county in which the parent
resides of her or his intent to establish and maintain a home education
program. A written notice of termination of the home education program shall be
filed in the district school superintendent's office within 30 days after said
termination.
- This means send your district a note, keeping a copy for
yourself, preferably via certified mail with a return receipt requested
(depending upon where you live, sometimes a letter of acknowledgement is
sent, sometimes not).
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.
- That means that you should include in your note:
1. the names of your school age kids, (ages 6 – 16 only please
– newborns to five year olds are not of compulsory attendance age and your
eagerness to educate them notwithstanding, they cannot be legally enrolled in
the home education program, and early requests are often returned)
2. their address and
3. their birthdates
4. saying that you intend to home educate them, and
5. Sign and date the letter.
The notice shall be filed
in the district school superintendent's office within 30 days of the
establishment of the home education program.
- This just means send them your letter within 30 days
of establishing your program – not prior to establishing it,
or telling them that you’re considering establishing one. And please don’t send the district a
letter saying you want to start your program in six months or so. They’ll
“open” your program the date they receive your letter, and that will always
be the date from which your annual program is dated.
- Your letter of intent to the school district should
NOT include:
- Your life story or that of your children’s;
- Social security numbers;
- Grade designations – you don’t need to say what
specific grade level you’ll be teaching your children, a nice piece of
freedom that leaves you great latitude in teaching to your child’s
ability rather than age;
- Health issues;
- Political or religious opinions;
- Explanations of what you plan to teach and why;
- Lists of books or curriculum you plan to use;
- Your educational philosophy or
- Your opinions about what’s wrong with public
education today.
A written notice of
termination of the home education program shall be filed in the district school
superintendent's office within 30 days after said termination.
- And if you decide this isn’t for you, please be sure
to tell them! Send a note to the school district advising them of your
intent to close your program (you don’t need any details about your plans),
with the name, address and birthdate of the child withdrawn from the
program. As always, use certified mail to ensure your correspondence is
received.
· Okay,
the portfolio is a disproportionately discussed and stressed over thing, for
some reason. A “portfolio,” by definition, refers to “a personal
collection of information describing and documenting a person’s achievements
and learning.” That means it’s different for everyone, for each child in your
family, and that you and your child have complete creative license in creating
one. Portfolios can be
o an
accordion folder with a selection of items in it across several subjects like
writing, geography, history, art, etc.;
o one
of the increasingly popular “ePortfolios” on a CD featuring Word documents,
photographs and scanned copies of artwork; Check out http://electronicportfolios.com/blog/ http://www.danwilton.com/eportfolios/ , or http://www.educause.edu/ir/library/pdf/ELI3001.pdf
o
a scrapbook, or a
o
a file folder, or several file folders
o
or any other way you find to collect, save and showcase your child’s work.
The portfolio shall consist of the following:
· Put this stuff in it:
1. A log of educational activities that is made contemporaneously with the instruction and that designates by title any reading materials used.
- The “educational activities made contemporaneously with instruction” can consist of day book entries, a running list, an Excel spreadsheet or anything in more or less chronological order.
2. Samples of any writings, worksheets, workbooks, or creative materials used or developed by the student.
- That means just that – your kids’ stuff, of your own and your child’s choosing, selections of work that you feel are representative of your child’s best or most interesting work
· It does NOT mean:
- You have to include everything your child did every day of the year (unless you want to, but that becomes a pretty bulky collection over time.
- School attendance dates. Homeschoolers are exempt from the public school attendance requirement of 180 days (FS 1002.41 2(3) ),
- and you do not have to homeschool for any particular number of days.
The portfolio shall be
preserved by the parent for 2 years and shall be made available for inspection
by the district school superintendent, or the district school superintendent's
agent, upon 15 days' written notice. Nothing in this section shall require the
district school superintendent to inspect the portfolio.
- Stick
the whole thing in the attic for a couple of years and then toss it, or
keep it forever to enjoy in your old age, or to embarrass your kids when
they’re teens. If they already are teens, they may want to collect the
high school level stuff into a college admissions portfolio.
- The
school district can look at your portfolio with 15 days written notice,
but that doesn’t mean they have to do so regularly or ever. Most districts
never ask. A few ask all the time. Just keep it handy.
(c) The parent shall
provide for an annual educational evaluation in which is documented the
student's demonstration of educational progress at a level commensurate with
her or his ability. The parent shall select the method of evaluation and shall
file a copy of the evaluation annually with the district school
superintendent's office in the county in which the student resides.
- That means, once a year, on the anniversary of
the date you opened your homeschool program – NOT
o a
date the county assigns you, nor
o automatically
at the end of the public school year, unless that’s the anniversary of when you
opened your program, nor
o several
weeks after that anniversary,
- but one year
from the date you opened your program, you must have a copy of the
evaluation you choose in your school district office.,
The annual educational evaluation shall consist of one of the following
- You select one of several legally prescribed ways to show the state you’ve been successfully homeschooling your child. These are:
1. A teacher selected by the parent shall evaluate the student's educational progress upon review of the portfolio and discussion with the student. Such teacher shall hold a valid regular Florida certificate to teach academic subjects at the elementary or secondary level;
[That means a teacher can look at the portfolio and discuss it with the student and parent, and then sign a statement that says the child he or she reviewed proved to have progressed commensurate (along ) with ability as per state law – and that’s the evaluation statement you send your county. Many people choose this method of assessment because it’s relaxed and personal, and gives everyone in the family a good opportunity to evaluate the year.]
2. The student shall take any nationally normed student achievement test administered by a certified teacher;
[That means your child can take any of the typical achievement tests as long as it’s administered by a certified teacher. The results DO NOT need to be included in the evaluation report, only a comment by the teacher or parent advising that student results showed progress commensurate with ability, as per state law. ]
3. The student shall take a state student assessment test used by the school district and administered by a certified teacher, at a location and under testing conditions approved by the school district;
[Sort of a restatement of the above, but with respect to state assessment tests, like the FCAT, rather than national tests. PLEASE NOTE: If you choose to have your child evaluated using the FCAT, those results are automatically submitted to the county school board and that will be your annual evaluation, whether your child did well or didn’t do well. ]
4. The student shall be evaluated by an individual holding a valid, active license pursuant to the provisions of s. 490.003(7) or (8); or
[Your child can be evaluated by a psychologist or a school psychologist using whatever assessment tools you agree upon, and then a statement to that effect can be submitted to the school district.]
5. The student shall be evaluated with any other valid measurement tool as mutually agreed upon by the district school superintendent of the district in which the student resides and the student's parent.
[You can meet with or talk to your county school superintendent and discuss any other method you feel might be best for your child.]
(2) The district school superintendent shall review and accept the results of the annual educational evaluation of the student in a home education program.
· That means they gotta just accept it unless…
If the student does not
demonstrate educational progress at a level commensurate with her or his
ability, the district school superintendent shall notify the parent, in
writing, that such progress has not been achieved.
- ·Unless,
for some reason, they feel your child hasn’t demonstrated educational progress
along the lines of his or her ability, which only happens if:
o You
send in test scores each year and one year the test scores are worse than those
of the year before;
o You
fail to send in evaluations at all;
o Or
a teacher evaluating your child alerts the school board to the fact that
perhaps your child isn’t learning as desired.
·
The above are avoided by:
o Not
sending in test scores, especially if your child doesn’t test well. It
also helps to be informed about the law and to be ready to remind the county
that *low* test scores (should you actually be choosing to send such in) do not
immediately translate to poor progress, especially if test scores, however low,
are still higher than the previous year’s. But there really isn’t any need to
send test scores in anyway.
o Sending
in your evaluations in a timely fashion! Don’t make the school board come
looking for you.
o Making
sure you select a teacher who understands homeschooling. Most teachers are very
accommodating and understanding these days, and most homeschool support groups
have lists of teachers who do evaluations.
The parent shall have 1 year from the date of receipt of the written notification to provide remedial instruction to the student. At the end of the 1-year probationary period, the student shall be reevaluated as specified in paragraph (1)
(c). Continuation in a home education program shall be contingent upon the student demonstrating educational progress commensurate with her or his ability at the end of the probationary period.
- If, for whatever reason, your child does not meet state requirements, your child will have one year to improve and be evaluated anew the following year, at which time, if conditions are met, your child will be taken off probation and your home school program continues as before.
(3) A home education program shall be excluded from meeting the requirements of a school day.
- That means just what it says -- you're free of public "school day" requirements
Read on for a look at Sections 4-9
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