I didn’t realize how little time was left in the children’s school year, until I read yesterday’s post by Taron’s teacher; guess I don’t have much time left to find materials to begin schooling the kids over the summer. Yes, you read that right–I’m planning on schooling the kids during summer vacation.

For years, Diana and I have discussed homeschooling the children–Taron, in particular–in an effort to try and give them more, and to reduce instances of negative behavior; a few months ago these talks resurfaced, leading to more in-depth research on “how” to school the children at home. Honestly, making the decision and informing the school district is easy–thanks to a little line in the “Bill of Rights” included in the Commonwealth’s constitution:

“…nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed;”

Granted, this statement is secured under the rights of religious freedom; however, it seems to leave the door wide open for individuals to educate their children in any manner they desire, so long as documentation–in the form of a notice of intent–is supplied to the school district, in order to satisfy the requirements of compulsory attendance. Confused? Okay, I’ll try and explain…

Let’s say I discover that the educational system is failing–imagine that; I can then decide to withdraw my child from the common school on the basis of my beliefs that he is not being provided the care and instruction that he needs. Then what? I have to send him to some private school? No, again–based under the same established right–I do not have to enroll him into one of the established alternates, citing differences in opinion over instruction and social interaction. My child is, however, required to be receiving educational instruction in some form, as required by KRS 159.010:

Except as provided in KRS 159.030, each parent, guardian, or other person residing in the state and having in custody or charge any child who has entered the primary school program or any child between the ages of six (6) and sixteen (16) shall send the child to a regular public day school for the full term that the public school of the district in which the child resides is in session or to the public school that the board of education of the district makes provision for the child to attend. A child’s age is between six (6) and sixteen (16) when the child has reached his sixth birthday and has not passed his sixteenth birthday.

KRS 159.030 provides the exemption for homeschools under the label of “private”:

The board of education of the district in which the child resides shall exempt from the requirement of attendance upon a regular public day school every child of
compulsory school age:

(b) Who is enrolled and in regular attendance in a private, parochial, or church
regular day school. It shall be the duty of each private, parochial, or church
regular day school to notify the local board of education of those students in
attendance at the school…

…it has been argued that a homeschool has not been legally defined as a private school; for this, however the remedy is simple–call your homeschool a private school!–(This is actually recommended by the Kentucky Department of Education–how cool is that?)

See, there really aren’t any requirements for private schools in Kentucky, other than those provided in KRS 159.040, 158.070 and 158.080. In a nut-shell, these statutes state:

159.040 – Schools must keep record of grades and attendance.

158.070/158.080 – Schools should instruct for a minimum of 185 days, or the equivilent of 175 six-hour instructional days–making the requirement a total of 1050 hours of instruction.

158.080 – Schools should use the English language, and teach courses required in 156.445; KRS 156.445 states that materials should be comprehensive and at the student’s grade level. Additionally, 156.445 refers private schools to 156.160.

156.160 – Private schools can elect to use KDE approved materials, or have their own materials “certified”; nowhere does is state that following the KDE or acquiring certification is mandatory. Side-note: Private schools–in the “true” sense of the word–must have their materials certified in order to be accredited. Homeschools, unfortunately, have no means of being accredited.

…back to the homeschool as a private school, thing…

To “enroll” the child and inform the school district the parent simply writes a formal letter–a sample is even provided by the KDE–stating that the child(ren) will be schooled privately for that academic school-year. The purpose of this letter is to comply with the “compulsory attendance law”, where the school district is responsible for making sure that every child in that is attending school. Additionally, the law allows for the district’s “director of pupil personnel” to come and request attendance records. Ah-ha!–a sticky/scary point! Law requires the district to check up on the school! Well, no, not really…

…law requires that the district verifies that the kids are in school; inspection of the school building/environment/materials is not required; attendance records and any other materials that the district may request for review can be shown at any neutral location–something that is recommended by every homeschool organization, and the KDE.