BASIC (12-06)

PS 08005.020 Kentucky

A. PS 03-037 Request for Legal Opinion Number Holder - Laura T~, SSN ~

DATE: September 4, 2001

1. SYLLABUS

Kentucky considers home schools to be private schools and recognizes them as educational institutions if they meet the following requirements:

  • Individuals who wish to educate their children at home must establish a home school and must report to the local superintendent of schools the name, age, and residence, of each student in attendance;

  • The home school must offer instruction, which must be in English, in reading, writing, spelling, grammar, history, mathematics, and civics;

  • The term of instruction must be at least as long as the term in the child's public school district, and the minimum school term is 185 days, with no fewer than the equivalent of 175 six-hour instructional days;

  • The home school must record grades in all subjects at the same interval as in the local public school;

  • The home school must maintain accurate attendance records in a notebook or on a computer list; and

  • The home school must be open to inspection by directors of pupil personnel or officials of the Department of Education.

The home school instructor must submit evidence that Kentucky laws are being met.

2. OPINION

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 school term.

Very truly yours,

Mary Ann S~
Regional Chief Counsel

Laurie G. R~
Assistant Regional Counsel

B. PS 02-127 Request for Legal Opinion Number Holder - Laura T~, SSN ~

DATE: September 4, 2001

1. SYLLABUS

Kentucky considers home schools to be private schools and recognizes them as educational institutions if they meet the following requirements:

  • Individuals who wish to educate their children at home must establish a home school and must report to the local superintendent of schools the name, age, and residence, of each student in attendance;

  • The home school must offer instruction, which must be in English, in reading, writing, spelling, grammar, history, mathematics, and civics;

  • The home school must record grades in all subjects at the same interval as in the local public school;

  • The term of instruction must be at least as long as the term in the child's public school district, and the minimum school term is 185 days, with no fewer than the equivalent of 175 six-hour instructional days;

  • The home school must maintain accurate attendance records in a notebook or on a computer list; and

  • The home school must be open to inspection by directors of pupil personnel or officials of the Department of Education.

The home school instructor must submit evidence that Kentucky law