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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
(3)
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 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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