KENTUCKY
Officials Struggle for Control of Home Schools
Homeschoolers in Kentucky operate as private schools pursuant to the Kentucky Revised Statutes. Kentucky, along with 12 other states, provides a home education exemption from public school attendance via the private school statute. This means that no specific home school law has been passed by the legislatures.
Typically there is much greater freedom for home schools in the states where they operate under private school exemptions, i.e., there are rarely standardized testing requirements (North Carolina is the exception). School officials chaff at this freedom, and from the highest levels in the state departments of education down to the local truant officer, they yearn for control over home school students. As a result, Home School Legal Defense Association is often called to respond to school officials who are attempting to add to the statutory requirements for private schools in the state.
Some school districts in Kentucky are attempting to use this tactic. On October 5, 1994, the Tremble County Schools in Bedford, Kentucky, addressed a memorandum to all the homeschoolers in the county outlining some of the "law/regulations" in an attempt to explain the "home school regulations." The letter included "regulations" which are not in the law. The following points set the record straight:
- Although homeschoolers are to provide instruction for the same number of days as the public school, private schools do not have a 6-hour per day requirement as outlined in the letter.
- The letter enclosed three forms, annual school calendar, monthly attendance record and daily class schedule. A daily class schedule is not included in the requirements for private schools in Kentucky.
Kentucky law provides that private school instruction shall be in the English language and in the several branches of study required to be taught in the public schools of the state. The term of the school program shall not be shorter than the term of the public school provided in the district where the child would have attended or 185 days if year-round school. The law also requires the home school/private school to notify the local board of education of those students in attendance at the school.
A memorandum from the state department of education dated January 21, 1985, states that it is sufficient for the home schools to submit the required information in the form of a letter within the first two weeks of school. Attendance at the private/home school shall be kept in the same manner as required of public schools.
Kentucky Revised Statutes Annotated 159.040 provides that private schools shall at all times be open to inspections by directors of pupil personnel and officials of the department of education. The Tremble County School memorandum stated that the home school may be inspected by the director of pupil personnel, and if, upon the inspection, it is determined that the school is not compliance with the law, the parents will be turned over to the courts on a charge of educational neglect.
Although home schools do qualify as private schools and are exempted pursuant to the private school provision, HSLDA holds that since the primary place education is taking place is in a home, the Fourth Amendment protections against unreasonable searches and seizures applies to home visits. Therefore, without consent of the parents, any attempt to enter the home for the purpose of conducting an inspection would be in violation of the Fourth Amendment. Accordingly, home visits are not enforceable under Kentucky law.
Homeschoolers can comply with any record inspection request without the school district official or official of the Kentucky Department of Education entering the home school.
Feeling thwarted in their attempts to monitor and control home schools, school officials are threatening to introduce legislation in 1996 session to "tighten up the regulations on homeschoolers." Be assured that should legislation be proposed, HSLDA will oppose any effort to take away the freedoms Kentucky homeschoolers have under the private law.
This is not a matter that should cause panic, but homeschoolers need to be aware of what is happening and not take their present freedoms for granted. HSLDA strongly suggests that all member families be involved in a support group and/or one of the state organizations. Then, if needed, an organized effort can be mounted against passage of home school regulations or laws.
