UNOFFICIAL COPY 23 RS HB 241/GA
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HB024110.100 - 1370 - XXXX 3/7/2023 7:51 PM GA
AN ACT relating to compulsory attendance. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 159.030 is amended to read as follows: 3
(1) The board of education of the district in which the child resides shall exempt from 4
the requirement of attendance upon a regular public day school every child of 5
compulsory school age: 6
(a) Who is a graduate from an accredited or an approved four (4) year high 7
school; or 8
(b) Who is enrolled and in regular attendance in a private, parochial, or church 9
regular day school. It shall be the duty of each private, parochial, or church 10
regular day school to notify the local board of education of those students in 11
attendance at the school. If a school declines, for any reason, to notify the 12
local board of education of those students in attendance, it shall so notify each 13
student's parent or legal guardian in writing, and it shall then be the duty of 14
the parent or legal guardian to give proper notice to the local board of 15
education; or 16
(c) Who is less than seven (7) years old and is enrolled and in regular attendance 17
in a private kindergarten-nursery school; or 18
(d) Whose physical or mental condition prevents or renders inadvisable 19
attendance at school; or 20
(e) Who is enrolled and in regular attendance in private, parochial, or church 21
school programs for exceptional children; or 22
(f) Who is enrolled and in regular attendance in a state-supported program for 23
exceptional children; 24
(g) For purposes of this section, "church school" shall mean a school operated as 25
a ministry of a local church, group of churches, denomination, or association 26
of churches on a nonprofit basis. 27 UNOFFICIAL COPY 23 RS HB 241/GA
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HB024110.100 - 1370 - XXXX 3/7/2023 7:51 PM GA
(2) (a) Before granting an exemption under subsection (1)(d) of this section, the 1
board of education of the district in which the child resides shall require 2
submission to the board of satisfactory evidence in the form of a signed 3
statement of a properly licensed physician, advanced practice registered nurse, 4
physician's assistant, psychologist,[ or] psychiatrist, or qualified mental 5
health professional as defined in KRS 202A.011 responsible for diagnosing 6
and treating the child, stating that the diagnosed condition of the child 7
prevents or renders inadvisable attendance at school and requires home or 8
hospital instruction. If the condition is mental health related, then the signed 9
statement shall be completed by a qualified mental health professional as 10
defined by KRS 202A.011[licensed physician, psychiatrist, psychologist, or 11
physician's assistant described in KRS 202A.011 or an advanced practice 12
registered nurse defined in KRS 314.011 and certified in psychiatric-mental 13
health nursing]. On the basis of such evidence, the local board of education 14
may exempt the child from compulsory attendance. 15
(b) Any child who is excused from school attendance more than six (6) months 16
shall have two (2) signed statements from a combination of two (2) of the 17
professional persons in accordance with paragraph (a) of this subsection, 18
except that this requirement shall not apply to a child whose signed statement 19
certifies that the student has a chronic physical condition that prevents or 20
renders inadvisable attendance at school and is unlikely to substantially 21
improve within one (1) year. 22
(c) Exemptions of any student under the provisions of subsection (1)(d) of this 23
section shall be reviewed annually with the evidence required being updated. 24
(3) The Kentucky Board of Education may promulgate administrative regulations to 25
establish the components of compulsory attendance and exemptions. 26