2013 Kentucky Revised Statutes CHAPTER 159 - COMPULSORY ATTENDANCE 159.035 Participation in 4-H activities to be considered attendance -- Excused absence for educational enhancement -- 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.
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159.035 Participation in 4-H activities to be considered attendance -- Excused
absence for educational enhancement -- 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.
(1)
(2)
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 4-H club educational activity participated in.
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 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
(3)
(a)
(b)
(c)
excused absence to pursue an educational enhancement opportunity
appropriate.
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.
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.
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.
Effective:June 25, 2009
History: 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 (6/25/2009). This section was amended
by 2009 Ky Acts chs.18 and 101, which do not appear to be in conflict and have
been codified together.
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