The Home School Court Report
No. 5

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Morgan County Drops Demands

At the end of the 2005-06 school year, the Morgan County Director of Pupil Personnel (DPP) sent a letter to every homeschooling family in the county demanding a copy of their attendance records and year-end testing. The DPP attached a ”Notice of Attendance” form to be returned by each family.* Home School Legal Defense Association members Douglas and Belinda Keeton knew that something wasn't right and quickly contacted us for help.

HSLDA immediately wrote to Morgan County Schools and informed them that the Keetons were not legally required to provide any of this requested documentation. Homeschooling parents in Kentucky are not required to conduct any year-end test or evaluation of their children. There was simply no legal basis for the DPP to demand this information.

While Kentucky law does require homeschooling families to maintain attendance records, the Best Practice Document does not require parents to submit these records. The only time parents may be required to submit any of their homeschool records is if they fail to submit their notice of intent within two weeks from the beginning of the school year or there is some evidence that the family is not conducting a bona fide homeschool program.

HSLDA Staff Attorney Tj Schmidt also explained to the DPP that Morgan County’s “Notice of Attendance” form requested more information than is required under Kentucky law. For instance, the form requested information on the curriculum the parents would be using, the grade level and date of birth of each child, and the family’s telephone number.

After receiving the letter from HSLDA, the DPP dropped these demands and the Keetons have heard nothing from him since.

— by Thomas J. Schmidt

* See "A plethora of forms" on page 24.