We teach our own,and trust our own judgment.

Under both federal and Kentucky law, parents have a fundamental, constitutionally protected right to direct the upbringing and education of their children. This right is protected under the Due Process Clause of the Fourteenth Amendment to the United States Constitution and the Kentucky Constitution, which guarantees protection against arbitrary state action and ensures procedural due process. Specifically, parents have the right to educate their children in a home-school setting, which is recognized as a legitimate means of satisfying Kentucky's compulsory school attendance requirements, KRS § 159.030.

The Right to Home School in Kentucky

In Kentucky, a child may be exempt from compulsory public school attendance if they are enrolled and in regular attendance in a private, parochial, or church regular day school, KRS § 159.030. Under Kentucky law, home schools operate under the statutes and regulations governing private schools, Commonwealth ex rel. Francis v. Francis. To satisfy the compulsory attendance laws, a home-school program must not be "spurious or illegitimate," Commonwealth ex rel. Francis v. Francis.

The program must provide "appropriate instruction" in subjects such as history, science, government, literature, grammar, composition, and mathematics, yielding an education that is "substantially equivalent" to what the child would obtain in a traditional public school, Commonwealth ex rel. Francis v. Francis. Active parental involvement in lesson planning and scheduling, as well as the use of standardized testing (such as the California Achievement Test) to demonstrate student performance, support the legitimacy of a home-school program, Commonwealth ex rel. Francis v. Francis.

Under the general compulsory attendance framework, parents or guardians must send any child between the ages of six (6) and sixteen (16) to a regular public day school unless an exemption applies, KRS § 159.010. However, individual school districts may adopt local policies extending the compulsory attendance age to eighteen (18), KRS § 159.010.

Notice and Reporting Requirements

To lawfully establish and operate a home-school program, parents must comply with specific statutory notice and reporting requirements:

• Initial and Annual Notification

  Private schools — including home schools — must notify the local board of education of the students in attendance, KRS § 159.030. If a school declines to notify the board directly, it must notify the parent or guardian in writing, shifting the legal duty to the parent or guardian to provide "proper notice" to the local board of education, KRS § 159.030.

• Two-Week Reporting Window

  The principal, teacher, or parent in charge of the home school must report to the superintendent of the local school district the names, ages, and places of residence of all pupils in attendance, along with any other facts the superintendent may require to facilitate compulsory attendance laws, KRS § 159.160. This report must be submitted within two (2) weeks of the beginning of each school year, KRS § 159.160.

• General Recordkeeping

  To maintain a lawful home-school program, parents generally must also maintain and report an enrollment or attendance register.

Withdrawal Requirements for Older Students

If a student is between the ages of sixteen (16) and eighteen (18) and resides in a school district that has not adopted an extended compulsory attendance policy to age eighteen, specific withdrawal procedures apply if they wish to terminate their public or nonpublic education prior to graduation, KRS § 159.010. Written notification of withdrawal must be received from the parent, guardian, or custodian, KRS § 159.010. Additionally, the child and parent must attend a one-hour counseling session with a school counselor regarding the potential problems of nongraduates, following a mandatory conference with the school principal or their designee, KRS § 159.010. Written permission for withdrawal is not required after the child's eighteenth birthday, KRS § 159.010.

In Summary

In conclusion, parents in Kentucky have a constitutionally protected right to educate their children at home by operating as a private school. To legally exercise this right and remain exempt from compulsory public school attendance, parents must provide written notice containing the names, ages, and residences of the students to the local school district superintendent within two weeks of the start of each school year.