from @tj schmidt, at HSLDA "We at HSLDA have received many calls from homeschool families across Kentucky who have begun receiving the "Declaration of Intent" forms that usually come out around this time of year. As always, you could fill them out and return them declining the services offered. However, you are not legally required to fill these forms out. The schools are only required to send them to you as you are considered a private school under Kentucky law. Since they must document that they have sent the information to every school, they like to receive information back from a homeschool program that you will not be participating. Again, you are not legally required to respond to the forms.
What is new this year is that the Kentucky Department of
Education (KDE) has provided some incorrect information to all of the
school districts. The KDE has also included this information in the
forms they have revised for this year. The incorrect information is that
"Home schools, by their nature, are considered non-profit." While most
of us are homeschooling without any expectation of seeing a financial
profit within our homeschool program (unless it is in the lives and
character of our children), this information is not technically
accurate. In order to be considered non profit under Kentucky law you
must file as an appropriate organization with the Kentucky Secretary of
State. Private homeschool programs that are made up of parents teaching
their children at home do not need to file articles of incorporation or
do anything to attempt to establish a non profit entity.
is contacting the KDE about the incorrect information in their letter
and forms. We hope they will immediately take action to correct the
misunderstanding they have created across the state. We expect to put
this information and the resolution up on our website in the coming
days. In the meantime, Kentucky parents don't need to do anything
different than they have done in the past. They are free to complete or
not complete the "Declaration of Participation" forms they receive from
their local school district."