2023 Kentucky Revised Statutes
Chapter 159 - Compulsory attendance
159.035 Participation in 4-H activities, page programs of the General Assembly, and ten days of military basic training to be considered attendance -- Excused absence for educational enhancement or attendance at Kentucky State Fair -- Appeal of denial of excused absence -- Exception for testing periods -- Excused absences for deployment and return days of parent or guardian on active duty -- Excused absence to visit parent or guardian on R and R -- Excused absence due to mental or behavioral health status.
Universal Citation:
KY Rev Stat § 159.035 (2023)
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159.035 Participation in 4-H activities, page programs of the General Assembly,
and ten days of military basic training to be considered attendance -- Excused
absence for educational enhancement or attendance at Kentucky State Fair -Appeal of denial of excused absence -- Exception for testing periods -- Excused
absences for deployment and return days of parent or guardian on active duty
-- Excused absence to visit parent or guardian on R and R -- Excused absence
due to mental or behavioral health status.
(1)
(2)
(3)
(4)
(5)
Notwithstanding the provisions of any other statute, any student in a public school
who is enrolled in a properly organized 4-H club shall be considered present at
school for all purposes when participating in regularly scheduled 4-H club
educational activities, provided, the student is accompanied by or under the
supervision of a county extension agent or the designated 4-H club leader for the 4H club educational activity participated in.
Notwithstanding the provisions of any other statute, any student in a public school
shall be considered present for all purposes for up to ten (10) days while attending
basic training required by a branch of the United States Armed Forces.
Beginning with the 2021-2022 school year, notwithstanding the provisions of any
other statute, any student enrolled in a public school shall not have his or her perfect
attendance record negatively affected by participating in any of the page programs
of the General Assembly.
Students applying for excused absence for attendance at the Kentucky State Fair
shall by granted one (1) day of excused absence.
Except as provided in paragraph (e) of this subsection, a public school principal
shall give a student an excused absence of up to ten (10) school days to pursue an
educational enhancement opportunity determined by the principal to be of
significant educational value, including but not limited to participation in an
educational foreign exchange program or an intensive instructional, experiential, or
performance program in one (1) of the core curriculum subjects of English, science,
mathematics, social studies, foreign language, and the arts.
(a) A student receiving an excused absence under this subsection shall have the
opportunity to make up school work missed and shall not have his or her class
grades adversely affected for lack of class attendance or class participation due
to the excused absence.
(b) Educational enhancement opportunities under this subsection shall not include
nonacademic extracurricular activities, but may include programs not
sponsored by the school district.
(c) If a request for an excused absence to pursue an educational enhancement
opportunity is denied by a school principal, a student may appeal the decision
to the district superintendent, who shall make a determination whether to
uphold or alter the decision of the principal. If a superintendent upholds a
principal's denial, a student may appeal the decision to the local board of
education, which shall make a final determination. A principal,
superintendent, and local board of education shall make their determinations
(6)
(7)
based on the provisions of this subsection and the district's school attendance
policies adopted in accordance with KRS 158.070 and KRS 159.150.
(d) A student receiving an excused absence under the provisions of this
subsection shall be considered present in school during the excused absence
for the purposes of calculating average daily attendance as defined by KRS
157.320 under the Support Education Excellence in Kentucky program.
(e) A student shall not be eligible to receive an excused absence under the
provisions of this subsection for an absence during a school's testing window
established for assessments of the state assessment developed under KRS
158.6453 or during a testing period established for the administration of
additional district-wide assessments at the school, except if a principal
determines that extenuating circumstances make an excused absence to pursue
an educational enhancement opportunity appropriate.
(a) If a student's parent, de facto custodian, or other person with legal custody or
control of the student is a member of the United States Armed Forces,
including a member of a state National Guard or a Reserve component called
to federal active duty, a public school principal shall give the student:
1.
An excused absence for one (1) day when the member is deployed;
2.
An additional excused absence for one (1) day when the service member
returns from deployment; and
3.
Excused absences for up to ten (10) days for visitation when the member
is stationed out of the country and is granted rest and recuperation leave.
(b) A student receiving an excused absence under this subsection shall have the
opportunity to make up school work missed and shall not have his or her class
grades adversely affected for lack of class attendance or class participation due
to the excused absence.
(c) A student receiving an excused absence under this subsection shall be
considered present in school during the excused absence for the purposes of
calculating average daily attendance as defined by KRS 157.320 under the
Support Education Excellence in Kentucky program.
A local school board may include provisions in its student attendance policy for
excused absences due to a student's mental or behavioral health status.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 168, sec. 1, effective April 8, 2022; and ch. 228,
sec. 1, effective July 14, 2022. -- Amended 2016 Ky. Acts ch. 47, sec. 1, effective
July 15, 2016; and ch. 128, sec. 1, effective July 15, 2016. -- Amended 2009 Ky.
Acts ch. 18, sec. 1, effective June 25, 2009; and ch. 101, sec. 10, effective March 25,
2009. -- Amended 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 9, effective April 25,
2006. -- Amended 2004 Ky. Acts ch. 87, sec. 1, effective July 13, 2004. -- Amended
1990 Ky. Acts ch. 476, Pt. IV, sec. 217, effective July 13, 1990. -- Created 1960 Ky.
Acts ch. 245, sec. 1.
Legislative Research Commission Note (7/14/2022). This statute was amended by 2022
Ky. Acts chs. 168 and 228, which do not appear to be in conflict and have been
codified together.
Legislative Research Commission Note (4/8/2022). 2022 Ky. Acts ch. 168, sec. 4,
provides that the Act, which amended this statute, may be cited as Wyatt’s Act.
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