KENTUCKY

Home Visits Threatened

In November, the Director of Student Services sent a letter to all the private "home" schools in the Henry County Public School District. The director's letter indicated that home visits would be conducted in December in order to inspect school records. According to a follow-up letter to one family, the visits are being prompted as a result of the new Kentucky Education Reform Act (KERA) requirements. According to the KERA regulations, the public schools are required to examine the home school curriculum to determine if a similar course of study is being used in the private "home" school as used in the public school.

Home School Legal Defense Association Vice President Michael Smith responded to the director's letter on behalf of the family, outlining HSLDA's position regarding home visits in any state: the home, regardless of whether a home school program is being conducted or not, is protected from unwarranted search and seizures by the 14th Amendment to the U.S. Constitution. In addition, as a result of a Kentucky Supreme Court decision in case of Kentucky State Board of Elementary and Secondary Education v. Rudasill, 589 SW 2d 877, the state would be required to demonstrate a compelling interest in requiring private schools to open for inspection.

Therefore, HSLDA continues to advise its members that they are not required to submit to inspections of their school records either in the home or at the office of the school official requesting the inspection. In addition, if any school official shows up unexpectedly at your door demanding entrance for an on-site inspection, HSLDA members should tell the official that their attorney has instructed them to not submit to any inspection without contacting the attorney first. Tell them that your attorney will be in touch with them after you have had an opportunity to review the matter with him. Immediately contact our office.