In Kentucky, private, home, parochial and church schools are all considered non-public schools.
Kentucky Constitution Sec. 5 and Kentucky State Board for Elementary and Secondary Education V Rudasill, Ky. 589 S.W. 2nd 877 (1979) establishes the prerogatives of the parents to choose the formal education for the child.
Kentucky Constitution Sec.170 declares nonprofit educational institutions to be exempt of taxation.
Kentucky Constitution Sec. 189 prohibits the appropriation, use or aid of any non-public school through state taxes levied for education purposes.
KRS 159.030 requires compulsory school attendance for every child between the ages of 6 and 16 and exempts a child from attending public school who is enrolled and regularly attending a non-public school.
KRS Ann. 159.010(2) requires that an unmarried child between the ages of 16 to 18 who wishes to terminate his public or non-public education prior to graduation from high school shall do so only after a conference with the principal/designee, and the principal shall request a conference with the parent(s), guardian or other person residing in the state and having custody or charge over the child. The parents and child shall be required to attend a one-hour counseling session with a school counselor on potential problems of nongraduates.
KRS Ann. 156.160(3) provides optional certification for non-public schools that comply with curriculum, certification and textbook standards established by the Kentucky Board of Education. For detailed information on the certification process, go to Certification of Non-Public Schools on the Non-Public School Overview page.
KRS Ann. 159.160 requires non-public schools to report to the local school superintendent the names, ages and place of residence of all pupils and any other information the superintendent requires to comply with the laws related to the compulsory attendance and employment of children.
KRS Ann. 159.030(1)(b) requires that if a non-public school declines to notify the local board of education of these students in attendance, the school must notify each parent /guardian in writing and it becomes the duty of the parent/guardian to notify the local board of education.
KRS 159.040 requires non-public schools to keep accurate records of pupil attendance. Attendance may be recorded in a notebook or on a computer list.
KRS 159.040 requires non-public schools to record and maintain scholarship reports of each student's progress at the same interval as in the local public school, grading all subjects taught.
KRS 159.040 requires that all non-public schools be open to inspection by directors of pupil personnel.
KRS 158.080 requires non-public schools to provide instruction for a term at least as long as the term in effect for the public schools in the district where the child resides.
KRS 158.070 requires the minimum school term to be 185 days that includes no less than the equivalent of 175 six-hour instructional days.
KRS 158.080 and Kentucky State Board for Elementary and Secondary Education V. Rudasill, Ky., 589 S.W. 2d 877 (1979) requires non-public schools to teach those subjects that will educate children to be intelligent citizens. The General Assembly requires that the instruction be offered in English and in the branches of study that are taught in the public schools. This has been interpreted to include at least reading, writing, spelling, grammar, history, mathematics and civics.
KRS 211.180 and KRS 212.210 authorizes the Cabinet for Health Services to regulate certain public health matters relating to the detection, prevention and control of communicable diseases and health hazards relating to sanitation and safety in schools.
KRS Ann. 165A.310, 165A.370 requires privately owned educational institutions offering instruction in business, trade, technical, industrial or related areas, but not including the above described non-public schools, are subject to state minimum standards. The standards cover, but are not limited to, the school's facilities, quality and content of courses, qualifications of instructors and administrators, and finances. Student and faculty records must be available for inspection.
Non-public schools must comply with the accessibility regulations of the Kentucky Department of Housing, Building and Construction.
KRS Ann. 157.280(1), (2); 707 KAR 1:350 allows public school districts to place students in non-public schools that maintain special education programs if the local district does not provide a special education program that follows the Kentucky Program of Studies for that child. The total cost for this education will be borne by the local school district.
KRS Ann. 438.050 superseded by Federal law, which inhibits smoking inside educational facilities.
KRS Ann. 224.20-300 provides the Kentucky Department of Environmental Protection, Division for Air Quality, will maintain a comprehensive statewide asbestos assessment and response program that identifies and controls asbestos hazards in public and non-public schools. Under this program, the Division reviews non-public school asbestos management plans and inspects school buildings for compliance.
KRS Ann. 339.430 requires the use of machinery for mechanical arts classes in non-public schools be subject to the approval of the local board of education and the general industrial safety standards.
KRS Ann. 157.360(2) allows that any school district which contracts to furnish transportation to students attending non-public schools may adopt any payment formula which assures that no public school funds are used for the transportation of nonpublic school students.
KRS Ann. 156.495 allows the Kentucky Department of Education to operate a program to identify and locate missing children. The Department must distribute a list of missing Kentucky school children to non-public schools monthly.
Non-public schools must notify the Department at its earliest known contact with any child appearing on the list.
KRS Ann. 116.046 updated January 2000 allows that voter registration forms are available to non-public schools upon request from the county clerk. The school may designate an individual to inform students and employees of the availability of the forms and assist them in properly registering. The completed forms must be returned to the county clerk for official registration.