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159.030 Exemptions from compulsory attendance.
(1)
(2)
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 application to study; 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.
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 satisfactory
evidence, in the form of:
(a) A signed statement of a licensed physician, advanced practice registered
nurse, psychologist, psychiatrist, chiropractor, or public health officer, that
the condition of the child prevents or renders inadvisable attendance at
school or application to study. On the basis of such evidence, the board
may exempt the child from compulsory attendance. Any child who is
excused from school attendance more than six (6) months shall have two
(2) signed statements from a combination of the following professional
persons: a licensed physician, advanced practice registered nurse,
psychologist, psychiatrist, chiropractor, and health officer, except that this
requirement shall not apply to a child whose treating physician, advanced
practice registered nurse, chiropractor, or public health officer certifies
that the student has a chronic physical condition that prevents or renders
inadvisable attendance at school or application to study and is unlikely to
substantially improve within one (1) year; or
(b) An individual education plan specifying that placement of the child with a
disability at home or in a hospital is the least restrictive environment for
providing services.
Exemptions of all children under the provisions of subsection (1)(d) of this
(3)
section shall be reviewed annually with the evidence required being updated,
except that for an exceptional child whose treating physician, advanced
practice registered nurse, chiropractor, or public health officer certifies that the
student has a chronic physical condition unlikely to substantially improve within
three (3) years, the child's admissions and release committee shall annually
consider the child's condition and the existing documentation to determine
whether updated evidence is required. Updated evidence shall be provided for
a child upon determination of need by the admissions and release committee,
or at least every three (3) years.
For any child who is excluded under the provisions of subsection (1)(d) of this
section, home, hospital, institutional, or other regularly scheduled and suitable
instruction meeting standards, rules, and regulations of the Kentucky Board of
Education shall be provided.
Effective:July 15, 2010
History: 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.
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