KENTUCKY
School Census and Survey Probe Home Schoolers
A number of county school boards, including Jefferson and Fayette Counties, mailed the private schools in their jurisdiction a school census form. The accompanying letter indicated that the private school was required by law to complete the census. Because home schools are considered private schools in Kentucky, home schoolers received the census form. Home School Legal Defense Association legal staff received numerous calls from concerned parents regarding the information requested on the form.
The school census requested demographic information on each student enrolled in the private school such as social security number, date of birth, race, etc. HSLDA attorney Michael Smith reviewed the sections of the Kentucky Revised Statutes cited in the letter from the school board and determined that the school census only applied to public school students, not those enrolled in private schools/"home" schools. We advised our member families that they were not required to complete the census and also addressed a letter to the Fayette County Public Schools explaining our position. To date we have not received a response from Fayette County.
Harrison County decided to survey home schoolers to find out why they have chosen home education and to determine how to draw these students back into the public school. Survey questions included, "How many children do you have?" "How many years have you been home schooling?" and "How much formal education do you have?" Although the school board indicated the survey was not mandatory and a family could respond anonymously, if desired, some of the questions caused us concern and we advised our families to not respond to the survey.
A member family in Edmonson County was contacted regarding scheduling an on-site visit of their "private school." While there is a provision in the Kentucky Revised Statutes authorizing public school officials to do on-site visits of private schools, HSLDA continues to take the position that the home is protected by the Fourth Amendment to the U.S. Constitution which protects citizens from unwarranted search and seizure. HSLDA attorney Michael Smith directed a letter to the Edmonson County Director of Pupil Personnel, outlining our legal position. As of this date, there has been no response and no further contact with the family regarding the request for an inspection.
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