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Code · Kentucky · Chapter 159 — Compulsory attendance

159.030 Exemptions from compulsory attendance.

507 words·~2 min read·/ky/chapter-159/159-030

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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:
(a)Who is a graduate from an accredited or an approved four
(4)year high
school; or
(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. If a school declines, for any reason, to notify the
local board of education of those students in attendance, it shall so notify each
student's parent or legal guardian in writing, and it shall then be the duty of
the parent or legal guardian to give proper notice to the local board of
education; or
(c)Who is less than seven
(7)years old and is enrolled and in regular attendance
in a private kindergarten-nursery school; or
(d)Whose physical or mental condition prevents or renders inadvisable
attendance at school; or
(e)Who is enrolled and in regular attendance in private, parochial, or church
school programs for exceptional children; or
(f)Who is enrolled and in regular attendance in a state-supported program for
exceptional children;
(g)For purposes of this section, "church school" shall mean a school operated as
a ministry of a local church, group of churches, denomination, or association
of churches on a nonprofit basis.
(a)Before granting an exemption under subsection (1)(d) of this section, the
board of education of the district in which the child resides shall require
submission to the board of satisfactory evidence in the form of a signed
statement of a properly licensed physician, advanced practice registered nurse,
physician's assistant, psychologist, psychiatrist, or qualified mental health
professional as defined in KRS 202A.011 responsible for diagnosing and
treating the child, stating that the diagnosed condition of the child prevents or
renders inadvisable attendance at school and requires home or hospital
instruction. If the condition is mental health related, then the signed statement
shall be completed by a qualified mental health professional as defined in
KRS 202A.011. On the basis of such evidence, the local board of education
may exempt the child from compulsory attendance.
(b)Any child who is excused from school attendance more than six
(6)months
shall have two
(2)signed statements from a combination of two
(2)of the
professional persons in accordance with paragraph
(a)of this subsection,
except that this requirement shall not apply to a child whose signed statement
certifies that the student has a chronic physical condition that prevents or
renders inadvisable attendance at school and is unlikely to substantially
improve within one
(1)year.
(c)Exemptions of any student under the provisions of subsection (1)(d) of this
section shall be reviewed annually with the evidence required being updated.
(3)The Kentucky Board of Education may promulgate administrative regulations to
establish the components of compulsory attendance and exemptions.
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