Across the States
“Open for inspection” in Jackson
In early September 2005, Home School Legal Defense Association member families in Jackson County began receiving letters from their local director of pupil personnel (DPP). In his letter, the DPP demanded certain documentation from every homeschooling family in the county.
Among other things, the DPP insisted that each family submit information concerning their attendance-keeping procedures, a copy of their planned school calendar, and verification that they were teaching the required subjects. Additionally, the DPP sought documentation that each homeschool family was keeping the scholarship reports in the same manner as the public schools.
HSLDA Staff Attorney Thomas Schmidt immediately wrote a letter to the DPP on behalf of all of our member families in the county. He pointed out that none of the requested documentation was required under Kentucky law. Under Kentucky Revised Statutes § 159.030, homeschool families are only required to notify the local school board that they are conducting a homeschool program* and to keep attendance and scholarship records.
If a family has submitted the required notice within two weeks of the beginning of the school year, there is a presumption under the Best Practice Document† that the family is conducting a bona fide homeschool program. This document was agreed to many years ago by the two state homeschool organizations and the Kentucky Directors of Pupil Personnel in recognition of a parent’s right to direct his child’s education.
The only time that a DPP should request to see homeschool attendance or scholarship reports is if there is evidence that the family is not conducting a homeschool program, the family failed to file their notice within two weeks of the start of the school year, or the child has been removed from the public school in the middle of the year.
Since the first letter Schmidt sent to the Jackson County DPP, more families have received letters from the DPP. Many of these letters have threatened that the DPP has the authority to inspect all private schools. These are empty threats. Under the 4th Amendment, each homeschool family has protection in the privacy of their home.
It now appears that Jackson County is harassing homeschooling families for two main reasons. First, the district is “losing” nearly $400,000 through these children not attending the public school. Second, the DPP, without citing any evidence, entertains suspicions regarding the effectiveness of homeschools. In an article dated August 18, 2005, the Jackson County Sun reported that the DPP had indicated he believed that “probably [only] half” of the parents in the county were diligent in teaching their children at home. The county board of education’s creation of a position to monitor private homeschooling appears to be an effort to convince homeschooling families to re-enroll their children in the district and increase public school moneys.
HSLDA will continue to support and defend our members in Jackson County. Through God’s grace and by standing together, homeschooling families will be victorious!
* Homeschools are considered private schools under Kentucky law.
† See "A plethora of forms."
— by Scott A. Woodruff
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