Kentucky
Not Open . . . for Inspection
Once again the issue has arisen whether private “home” schools must be open for inspection in Kentucky. It is Home School Legal Defense Association’s position that the law does not require small private schools in the home to be open for inspection.
The following are Kentucky’s private school
requirements:
- The principal or teacher in charge shall report to the superintendent of schools of the district in which the school is situated the names, ages, and places of residence of all pupils in attendance at the private school within the first two weeks of the beginning of each school year. (KRS §159.160 and §159.030.)
- Private schools shall be taught in the English language. (KRS §158.080.)
- Private schools shall offer instruction in the several branches of study required to be taught in the public schools of the state. (KRS §158.080.)
- Attendance at the private school shall be kept in a register provided by the state board of education. (KRS §159.040.)
- Private school authorities shall make attendance and scholarship reports in the same manner as required by law of public schools. (KRS §159.040.)
- Private schools shall at all times be open to inspection by directors of pupil personnel and officials of the department of education. (KRS §159.040.)
The primary use of the dwelling where the private school is located is a home. The home is protected from inspection by the Fourth Amendment to the U.S. Constitution, which requires a warrant to be issued upon probable cause to enter a home—absent consent or exigent circumstances (e.g., a child is in immediate danger).
HSLDA assumes that the purpose of requests for on-site visits is to review the attendance and scholarship records, because the records are required to be kept by the private school. Again, it is HSLDA s position that the statutory scheme does not give authority to DPP to observe the records required to be kept. Since there is no specific authority for DPP to review and evaluate the reports, parents are not mandated by law to produce these reports to prove that the private school requirements are being met.
Representatives of the Kentucky Directors of Pupil Personnel Association and leaders of the state home school associations agree with this position in their August 21, 1997, Best Practice Document. On page 6, the document states that the home school requirements do not mandate the submission of documents upon request:
a) This provision [the keeping of scholarship records] does not require that the home school parents submit these reports to their local school district, state department of education, or anyone else. It simply requires that they maintain the records in some sort of ongoing fashion. Any HSLDA member family who is asked for an on-site visit should contact our office for assistance.
School Census
Another issue that seems to come up routinely is the request for school census information. These requests ask for information such as names, ages, addresses, race, and social security numbers. The school district is mandated by state law to conduct a school census; however, citizens are not mandated to participate in such census. Therefore, home schoolers cannot be compelled to provide this information if they do not wish to do so.
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Kentucky
Ancient bones were not so highly regarded in 1773, when explorer James Douglas used the ribs of mastadons for tentpoles.
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