Kentucky Law KRS 158.030 states, “... any child who is six (6) years of age, or who may become six (6) years of age by August 1, shall attend public school or qualify for an exemption as provided by KRS 159.030. Any child who is five (5) years of age, or who may become five (5) years of age by August 1, may enter a primary school program” or may wait until the child is six (6) years old. Enrollment of children into the Primary Program at the age of 5 is voluntary; however, once a child is enrolled, Kentucky law makes attendance mandatory. If, however, within two pupil months after enrollment a child is found to be immature or by mutual agreement by the parent, guardian, or other custodian and the school, the student may withdraw with a withdrawal code of W17.

• Kentucky Department of Education (KDE) Attendance Manual: https://education.ky.gov/districts/enrol/Pages/Pupil-Attendance-Program-Documents.aspx

• JCPS Pupil Personnel Manual: https://www.jefferson .kyschools.us/data-management-planning-and -program-evaluation-division/data-control/attendance

As of July 1, 2015, new compulsory attendance laws (KRS 159.010) went into effect, which require all students to attend school until they are 18 years old or have completed a high school program. The district records excused and unexcused absences daily to comply with Kentucky law, KRS 159.150, which states, “Any child who has attained the age of six years but has not reached their eighteenth birthday, who has been absent from school without a valid excuse for three or more days, or [who has been] tardy without a valid excuse on three or more days is a truant. Any student enrolled in a public school who has attained the age of 18 years but has not reached their twenty-first birthday, who has been absent from school without a valid excuse for three or more days, or [who has been] tardy without a valid excuse on three or more days is a truant.” The law defines a habitual truant as “any student who has been reported as truant two or more times.” Kentucky law, KRS 159.990, holds accountable a public school student who has attained the age of 18, but who has not reached their twenty-first birthday, if the student fails to comply with school truancy laws; holds accountable the parent/guardian or custodian of a public school student who has not reached their eighteenth birthday if the student fails to comply with school truancy laws; and holds accountable the court-appointed guardian of a public school student who has been identified as an exceptional child or youth and has not reached their twenty-first birthday if the student fails to comply with school truancy laws. Any parent/guardian or custodian who fails to comply with the requirements may face fines of $100 for the first offense and $250 for the second offense and may be charged with a Class B misdemeanor for each subsequent offense. Charges of educational neglect and/or unlawful transaction with a minor may also be filed.

An excused absence or tardy is one for which work may be made up. Excused absences and tardies include such circumstances and occasions as a death or severe illness in the student’s immediate family, an illness of the student, religious holidays and practices, one day for attendance at the Kentucky State Fair, and other valid reasons as determined by the principal. When a student accumulates a total of ten full-day absences due to illness, parents are required to present a written statement from a medical professional (e.g., doctor, dentist, psychologist) for additional absences during the current school year in order for the student to be excused.

If a student’s parent or legal guardian is a member of the United States Armed Forces, including a member of a state National Guard or Reserve unit, and is called to federal active duty, a JCPS principal shall grant the student an excused absence for one school day when the parent/guardian is deployed. The student will also be granted an excused absence for one school day when the parent/ guardian returns from deployment. If a student’s parent/guardian is stationed out of the country and is granted rest and recuperation leave, the student will be allowed up to ten excused absences for visitation. A student receiving an excused absence for these purposes shall be considered present in school and will have the opportunity to make up schoolwork missed and will not have their class grades adversely affected for lack of class attendance or class participation due to the excused absence.

Excused absences for the purpose of an Educational Enhancement Opportunity (https://www.jefferson.kyschools.us/sites/default/ files/forms/Educational%20Enhancement%20Opportunity%20 Request.pdf) may be granted for up to ten school days in order for a student to pursue an opportunity that the local school administrator determines to be of significant educational value, provided that the date(s) requested does not conflict with state or district testing periods. Requests must be made on appropriate forms and received by the school five days in advance of the anticipated absence. This opportunity may include, but is not limited to, participation in an educational foreign exchange program or an intensive instructional, experiential, or performance program in one of the core curriculum subjects of English, science, mathematics, social studies, foreign language, or the arts. A principal’s determination may be appealed to the superintendent/designee, whose decision may then be appealed to the Board of Education. A student receiving an excused absence to pursue an educational enhancement opportunity shall be considered present in school during the excused absence.

Parents/Guardians are to notify the school on the day on which their child is absent and provide notes to explain and confirm excused absences and tardies within three school days of the student’s return.

When a student is truant, the local school clerical and/or administrative staff may:

• Notify the parent/guardian by telephone or in writing of unexcused absence(s).

• Send a letter to the parent/guardian stating that the student is truant after the third unexcused absence.

• Hold a conference with the parent/guardian after the sixth unexcused absence.

• Notify the Pupil Personnel Department electronically via the JCPS Student Attendance Reporting System (SARS) after the sixth unexcused absence and record any interventions conducted at the local school.

• Refer the student to the FRYSC coordinators, school nurses, MHPs or additional collaborating agencies, who will work with the student and their family in support of regular attendance.

When a student has six or more unexcused absences:

• Students who continue to be absent from school may be required to attend a formal district-level review with their parent/guardian to recommend further services or interventions.

• Pupil Personnel staff or a school social worker may visit the home of the student and/or schedule a Parent Engagement Meeting (PEM) in collaboration with additional community agencies to address all barriers to regular school attendance.

• A final notice may be served in person or sent by certified mail to the parent/guardian.

• Pupil Personnel staff or a school social worker may require a parent/guardian conference and/or file an educational neglect report with Child Protective Services (CPS).

• A student may be referred to Family Court by the assistant director of Pupil Personnel and may be subject to legal action if absences continue to accumulate.

A student receiving an excused absence shall have the opportunity to make up missed schoolwork and not have their class grades adversely affected for lack of class attendance or class participation due to the excused absence. A student returning to school after an excused absence or suspension may request make-up work within three school days of their return to each class. The student will have the number of school days of absence or suspension plus one school day from the time they receive the make-up work to complete the work and submit it to the teacher. For ECE students, this must be done in accordance with the IEP. For Section 504 students, this must be done in accordance with their 504 Plan.

The local SBDM Council or, if none exists, the principal, with input from teachers and parents, shall establish rules regarding make-up work for unexcused absences other than suspensions.