Kentucky Statutes 159.030 – Exemptions from compulsory attendance
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(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.
(2) (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.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 31, sec. 1, effective June 29, 2023. — Amended
2020 Ky. Acts ch. 104, sec. 2, effective July 15, 2020. — Amended 2010 Ky. Acts ch. 85, sec. 30, effective July 15, 2010. — Amended 2004 Ky. Acts ch. 46, sec. 1, effective July 13, 2004. — Amended 2000 Ky. Acts ch. 451, sec. 1, effective July 14,
2000. — Amended 1998 Ky. Acts ch. 173, sec. 1, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. — Amended 1990
Ky. Acts ch. 476, Pt. IV, sec. 216, effective July 13, 1990. — Amended 1984 Ky. Acts ch. 111, sec. 91, effective July 13, 1984; and ch. 297, sec. 3, effective July 13,
1984. — Amended 1980 Ky. Acts ch. 286, sec. 8, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 136, sec. 4, effective July 1, 1979; and ch. 155, sec. 82, effective July 17, 1978. — Amended 1974 Ky. Acts ch. 75, sec. 1. — Amended 1948
Ky. Acts ch. 107, sec. 27. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 4434-3.
(a) Who is a graduate from an accredited or an approved four (4) year high school; or
Terms Used In Kentucky Statutes 159.030
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Year: means calendar year. See Kentucky Statutes 446.010
(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.
(2) (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.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 31, sec. 1, effective June 29, 2023. — Amended
2020 Ky. Acts ch. 104, sec. 2, effective July 15, 2020. — Amended 2010 Ky. Acts ch. 85, sec. 30, effective July 15, 2010. — Amended 2004 Ky. Acts ch. 46, sec. 1, effective July 13, 2004. — Amended 2000 Ky. Acts ch. 451, sec. 1, effective July 14,
2000. — Amended 1998 Ky. Acts ch. 173, sec. 1, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. — Amended 1990
Ky. Acts ch. 476, Pt. IV, sec. 216, effective July 13, 1990. — Amended 1984 Ky. Acts ch. 111, sec. 91, effective July 13, 1984; and ch. 297, sec. 3, effective July 13,
1984. — Amended 1980 Ky. Acts ch. 286, sec. 8, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 136, sec. 4, effective July 1, 1979; and ch. 155, sec. 82, effective July 17, 1978. — Amended 1974 Ky. Acts ch. 75, sec. 1. — Amended 1948
Ky. Acts ch. 107, sec. 27. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 4434-3.