Kentucky Homeschool Requirements

The Kentucky Department of Education Homeschool Information Packet (citing KRS §159.160 as interpreted in the homeschool context) requires parents to 'notify the superintendent of the local school board in writing within ten days of the beginning of the school year of their intent to homeschool their child(ren) each year they homeschool. The letter must include the name, ages and residence of each child in attendance of the homeschool.' A sample letter of intent is provided by the KDE. KRS §159.160 itself requires school authorities to report attendance details to the superintendent; the KDE applies this framework to require annual written notice from homeschooling families. Kentucky classifies homeschools as private/non-public schools per KRS §159.030.

The KDE Homeschool Information Packet states that 'Subjects taught should include reading, writing, spelling, grammar, history, mathematics, science, and civics. It is the parents' right to offer other subjects, as well. See KRS 158.080, KRS 156.160, and KRS 156.445.' This is the same subject-matter framework applied to private and parochial schools in Kentucky, as homeschools are classified as non-public schools. All core instruction must be conducted in the English language. The KDE acknowledges that, per the Kentucky Supreme Court ruling in Kentucky State Board for Elementary and Secondary Education v. Rudasill (589 S.W.2d 877, Ky. 1979), it cannot prescribe curriculum standards beyond what is set by the General Assembly.

The KDE Homeschool Information Packet states: 'The minimum school term is 1062 instructional hours. The term of the school shall not be for a shorter period in each year than the term of the public school in the district in which the child attending the school resides.' For year-round school districts, the minimum is 185 days. This requirement derives from KRS §159.040 (attendance at private and parochial schools). Kentucky uses hours rather than days as the primary measure, which gives families flexibility in scheduling longer or shorter school days.

The Kentucky Supreme Court in Kentucky State Board for Elementary and Secondary Education v. Rudasill, 589 S.W.2d 877 (Ky. 1979), held that the KDE may not prescribe curriculum standards, teacher certification, or accreditation standards for homeschooling. By extension, no mandatory external assessment program applies to homeschoolers. The KDE's Homeschool Information Packet does not list testing as a requirement. Families who want to use standardized tests may do so privately. Students applying to colleges typically submit ACT/SAT scores.

KRS §159.040 requires private and parochial schools (including homeschools) to keep attendance records using a register provided by the Kentucky Board of Education and to make attendance and scholarship reports in the same manner required of public schools. The KDE Homeschool Information Packet states: 'Record and maintain scholarship reports of each student's progress in all subjects taught at the same intervals as the local public schools. See KRS 159.040.' Attendance records may be kept in any format (notebook, computer, etc.) but must be readily available. The KDE recommends maintaining a portfolio of best work samples and a course/grade record.

The Rudasill decision (589 S.W.2d 877, Ky. 1979) held that the KDE cannot require teacher certification for homeschool instructors. This remains the controlling precedent. The KDE Homeschool Information Packet confirms: 'The responsibility for the education of the homeschooled child is borne completely by the guardians. The guardians select the curriculum and educational materials.' No degree, credential, or background check is mandated by Kentucky statute.

KRS §214.036 governs school immunization requirements in Kentucky and applies to students 'attending' a public, private, or parochial school. Because homeschools are classified as private schools, immunization requirements technically apply; however, in practice enforcement depends on whether the student has contact with district authorities. The KDE Homeschool Information Packet does not list immunization as a specific homeschool requirement. Students who access public school programs, sports, or classes would be subject to the district's immunization policies upon enrollment.

Under IDEA (20 U.S.C. §1412(a)(10)(A)) and the KDE's guidance, when a student with a disability is withdrawn to homeschool, the school district is relieved of its FAPE and IEP obligations. Instead, the district develops a 'services plan' based on proportional federal special education funding. The KDE Homeschool Information Packet states that the 'district is no longer required to provide a free appropriate public education (FAPE) or implement the IEP.' Families must contact the district's special education coordinator to request evaluation or proportional services. KRS §157.200 et seq. governs Kentucky's exceptional children programs.

The KDE Homeschool Information Packet instructs parents to notify the superintendent in writing annually. When withdrawing a child from public school, written notice should be provided promptly. KRS §159.030 authorizes parents to withdraw children from public school to attend a private or home setting. When re-enrolling in public school, if the student lacks a properly certified transcript, the public school may place the student using one of two methods: (1) passing a similar examination, or (2) achieving a 'C' average in the course by the 12th week of school. KRS §158.140 governs credit transfer for successful completion.

KRS §159.010(1)(a) requires children ages 6 through 16 to attend school. Under §159.010(1)(b), effective with the 2015-2016 school year, local boards may extend compulsory attendance to age 18 by adopting a district-wide policy. Under §159.010(1)(c), when 55% of all school districts have adopted the extended age policy, all districts must adopt it four years thereafter. Children between 16 and 18 in districts that have not extended the age may withdraw only after a counseling session. The KDE Homeschool Packet confirms: 'all children must be enrolled in school between the ages of six (6) and 18.'

The KDE Homeschool Information Packet states: 'Students from non-accredited/non-certified private schools or homeschools do not receive a diploma recognized by the Kentucky Department of Education (KDE). It is the responsibility of the homeschool to issue a diploma to the student.' Homeschools cannot seek traditional accreditation and will not appear on the Kentucky list of certified schools. Some college-bound students take the ACT or SAT to supplement their homeschool diploma. Students who complete a homeschool education approved under state law qualify for federal student aid under 20 U.S.C. §1091(d). KRS §158.140 governs credit recognition when re-enrolling in public school.

The KDE Homeschool Information Packet states: 'Participation in extracurricular activities sponsored by the public school is decided upon by individual school districts. State law only requires the public school district to allow opportunity for a student to participate in extracurricular activities if the student is enrolled in the public school district. Some districts are willing to allow homeschools to participate, but this is decided by individual school districts.' Kentucky's 'No Pass/No Drive' law (KRS §186.440) applies equally to homeschooled students and public school students.