You have requested our opinion as to whether a home school is recognized in Kentucky
as an educational institution. Kentucky does recognize home schools as educational
institutions if they meet certain requirements.
The facts are as follows. Amanda T~, the child of Laura T~ (NH), is being home schooled.
Amanda turned 18 in August 2002 but has not yet finished high school. Amanda and the
NH submitted documentation showing that Amanda meets federal requirements for full-time
attendance at her home school.
Home schools are considered to be private schools in Kentucky. See Kentucky Department of Education, Home School Requirements Information for Parents (attached). Persons desiring to educate their children at home must establish a home
school and report to the local superintendent of schools the names, ages, and place
of residence of each pupil in attendance, along with any other facts the superintendent
may require to facilitate carrying out laws relating to compulsory attendance and
employment of children. Id.; KRS Ann. 159.160 (2001). Additionally, the home school must offer instruction in
English in the branches of study taught in public schools, including at least reading,
writing, spelling, grammar, history, mathematics, and civics. KRS Ann. 158.080 (2001);
Kentucky State Board for Elementary and Secondary Education v. Rudasill, 589 S.W. 2d 877; cert. denied 446 U.S. 938 (1980). The term of instruction must be at least as long as the term
in effect for the public school in the district where the child resides. KRS Ann.
158.080 (2001). The home school also must record grades in all subjects at the same
interval as the local public school and maintain accurate records of attendance. KRS
159.040 (2001). Home schools are not required to be certified in Kentucky. Home School Requirements Information for Parents.
Amanda's home school would be recognized by Kentucky as an educational institution
if NH has filed the requisite reports with the local superintendent of schools and
has maintained records of subjects taught, grades, attendance, and the length of the
Very truly yours,
Mary Ann S~
Regional Chief Counsel
Laurie G. R~
Assistant Regional Counsel