Requirements for Students Exhibiting a Pattern of Nonattendance

The first portfolio review must occur within the first 30 calendar days of the establishment of the program.

Florida Statue 1003.26

(f)1. If the parent of a child who has been identified as exhibiting a pattern of nonattendance enrolls the child in a home education program pursuant to chapter 1002, the district school superintendent shall provide the parent a copy of s. 1002.41 and the accountability requirements of this paragraph. The district school superintendent shall also refer the parent to a home education review committee composed of the district contact for home education programs and at least two home educators selected by the parent from a district list of all home educators who have conducted a home education program for at least 3 years and who have indicated a willingness to serve on the committee. The home education review committee shall review the portfolio of the student, as defined by s. 1002.41, every 30 days during the district's regular school terms until the committee is satisfied that the home education program is in compliance with s. 1002.41(1) (b). The first portfolio review must occur within the first 30 calendar days of the establishment of the program. The provisions of subparagraph 2. do not apply once the committee determines the home education program is in compliance with s. 1002.41(1) (b).

2. If the parent fails to provide a portfolio to the committee, the committee shall notify the district school superintendent. The district school superintendent shall then terminate the home education program and require the parent to enroll the child in an attendance option that meets the definition of “regular school attendance” under s. 1003.01(13)(a), (b), (c), or (e), within 3 days. Upon termination of a home education program pursuant to this subparagraph, the parent shall not be eligible to reenroll the child in a home education program for 180 calendar days. Failure of a parent to enroll the child in an attendance option as required by this subparagraph after termination of the home education program pursuant to this subparagraph shall constitute noncompliance with the compulsory attendance requirements of s. 1003.21 and may result in criminal prosecution under s. 1003.27(2). Nothing contained herein shall restrict the ability of the district school superintendent, or the ability of his or her designee, to review the portfolio pursuant to s. 1002.41(1) (b).

(g) If a student subject to compulsory school attendance will not comply with attempts to enforce school attendance, the parent or the district school superintendent or his or her designee shall refer the case to the case staffing committee pursuant to s. 984.12, and the district school superintendent or his or her designee may file a truancy petition pursuant to the procedures in s. 984.151.

Nonattendance Review Committee FAQ's

Can the parent of a student who has been found to exhibit a pattern of nonattendance enroll that student in a home education program? Yes. However, at the time that a student who has been found to exhibit a pattern of nonattendance is enrolled in a home education program, the home education contact will:
a. Provide the parent or guardian with a copy of the home education law, Section 1002.41, F.S., and the accountability requirements of the truancy law, Section 1003.26, F.S.; and b. Refer the parent or guardian to a home education review committee composed of members as specified in Section 1003.26, F.S.
What are the accountability requirements for home education, once a student has been found to exhibit a pattern of nonattendance? The parent must submit a portfolio, as defined by Section 1002.41, F.S., to be reviewed by a home education review committee every 30 days until the committee determines that the home education program is in compliance with Section 1003.26, F.S. The first portfolio review must occur within the first 30 calendar days of the establishment of the home education program.
What will happen if the home education review committee determines that the home education program is in compliance with the statute? Once the committee determines that the home education program is in compliance, the parent will no longer be required to submit a portfolio to the home education review committee. The parent will be required to comply with the requirements of a home education program pursuant to Section 1002.41, F.S., as is any parent involved in a home education program.
What will happen if the parent of a student who has been found to exhibit a pattern of nonattendance, and who has been enrolled in home education, fails to provide a portfolio for review by the committee? The committee shall notify the superintendent of schools who shall then terminate the home education program and require the parent to enroll the student in an attendance option provided under Section 1002.41, F.S., within three days. Failure of a parent or guardian to enroll a student in an attendance option after termination of a home education program shall constitute non-compliance with the compulsory attendance requirement and may result in criminal prosecution of the parent under Section1003.27(2), F.S.
How can I get more information about truancy and driver’s licenses for home education students? You may contact the Florida Department of Motor Vehicles at (850) 922-9000.
May a home education student be automatically dropped at the age of 16? No. The family must notify the school district if the student wishes to terminate the home education program. Section 1003.21, F.S. requires that students terminating enrollment at age 16 must be notified that their earning power is likely to be reduced. It is in the best interest of the student for the district to maintain home education records until the completion of high school.