Kentucky Revised Statutes

Ky. Rev. Stat. § 158.030 (2026)

"Common school" defined -- Attendance at public school and primary

✓ current as of May 2026

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

school program -- Advancement without regard to age -- Local boards to adopt policy establishing petition and evaluation process for students who do not meet age requirements.

(1) "Common school" means an elementary or secondary school of the state supported in whole or in part by public taxation. No school shall be deemed a "common school" or receive support from public taxation unless the school is taught by a certified teacher for a minimum school term as defined by KRS 158.070 and every child residing in the district who satisfies the age requirements of this section has had the privilege of attending it. Provided, however, that any child who is six (6) years of age, or who may become six (6) years of age by October 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 October 1, may enter a primary school program, as defined in KRS 158.031, and may advance through the primary program without regard to age in accordance with KRS 158.031(6).

(2) Beginning with the 2017-2018 school year, 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, as defined in KRS 158.031, and may advance through the primary program without regard to age in accordance with KRS 158.031(6).

(3) Each local school board shall adopt a policy to permit a parent or guardian to petition the board to allow a student to attend public school who does not meet the age requirements of subsection (1) or (2) of this section. The policy shall include an evaluation process that will help determine a student's readiness for school and shall ensure that any tuition amount charged under this policy is the same amount charged to a student who meets the age requirements of subsection (1) or (2) of this section. Students enrolled under this policy shall be included in a school's average daily attendance for purposes of funding as provided in KRS 157.310 to 157.440. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 62, sec. 1, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 123, sec. 1, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 20, sec. 2, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 434, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 476, Pt. I, sec. 25, July 13, 1990. -- Amended 1988 Ky. Acts ch. 33, sec. 2, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 367, sec. 5, effective July 13, 1984; and ch. 397, sec. 7, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 306, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 136, sec. 2, effective July 1, 1979. -- Amended 1972 Ky. Acts ch. 151, sec. 4. -- Amended 1962 Ky. Acts ch. 74, sec. 1. -- Amended 1952 Ky. Acts ch. 145, sec. 1. -- Amended 1950 Ky. Acts ch. 108, sec. 1. -- Amended 1946 Ky. Acts ch. 155, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-2.

Notes of Decisions

Cited in 12 cases (8 in the last 5 years), 1950–2026 · leading case: Univ. of the Cumberlands v. Pennybacker, 308 S.W.3d 668 (Ky. 2010).

Sort: Relevance Newest Treatment

Univ. of the Cumberlands v. Pennybacker, 308 S.W.3d 668 (Ky. 2010). · cites it 2× “[4] A "common school" is now defined in KRS 158.030 as "an elementary or secondary school of the state supported in whole or in part by public taxation.”

Fannin v. Williams, 655 S.W.2d 480 (Ky. 1983). · cites it 2× “" Is the appropriation of tax money for educating children in nonpublic schools "for public purposes?" These textbooks are for "distribution without cost to pupils attending grade one (1) through grade twelve (12) of the state's nonpublic schools.”

Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003). “Additionally, when the parties’ joint custody agreement contains a "tie-breaker” provision, the agreement will typically provide that the parent that the parties have designated as the primary residential custodian shall have final decision-making authority.”

Turner v. City Bd. of Educ., 231 S.W.2d 27 (Ky. Ct. App. 1950). “The case, as presented here, is resolved into a review of the judgment with respect to the inclusion or exclusion from the city school district, according to the mathematical formula adopted by the circuit court.”

Commonwealth of Kentucky, Ex Rel. Attorney Gen. Russell Coleman v. Council for Better Educ., Inc. (Ky. 2026). · cites it 4× “See KRS 158.030. Charter schools are not required to answer to local school districts nor be accountable to them in any way; therefore, they are outside of their scope.”

Michelle Grimes Jones, on Behalf of Herself & Her Minor Child. v. Holly M. Johnson, in Her Off. Capacity as Sec'y of the Fin. & Admin. Cabinet (Ky. 2022). “4, “[a] ‘common school’ is now defined in KRS 158.030 as ‘an elementary or secondary school of the state supported in whole or in part by public taxation.”

Council for Better Educ., Inc. v. Holly Johnson, in Her Off. Capacity as Sec'y of the Fin. & Admin. Cabinet (Ky. 2022). “4, “[a] ‘common school’ is now defined in KRS 158.030 as ‘an elementary or secondary school of the state supported in whole or in part by public taxation.”

Akia McNeary v. Council for Better Educ., Inc. (Ky. 2022). “4, “[a] ‘common school’ is now defined in KRS 158.030 as ‘an elementary or secondary school of the state supported in whole or in part by public taxation.”

Commonwealth of Kentucky Ex Rel. Attorney Gen. Daniel Cameron v. Holly Johnson, in Her Off. Capacity as Sec'y of the Fin. & Admin. Cabinet (Ky. 2022). “4, “[a] ‘common school’ is now defined in KRS 158.030 as ‘an elementary or secondary school of the state supported in whole or in part by public taxation.”

W.R. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. Ct. App. 2025). “]” KRS 158.030(2). A child who is five years of age by August 1, “may enter a primary school program[.”

2026 Ca Admin - Non-Confidential Opinion - 003 (Ky. Ct. App. 2026). “See also KRS 158.030 (defining common schools). Parents also argue that KRS 158.”

India Thomason v. Denise Bradshaw, as Adm'x of the Est. of David Bradshaw, III (Ky. Ct. App. 2026). “” KRS 158.030(1) defines “Common school” as a secondary school of the state, supported in whole or in part by public taxation, taught by a certified teacher for a minimum school term as defined by KRS 158.”

— Ky. Rev. Stat. § 158.030(1) — 2 cases

Commonwealth of Kentucky, Ex Rel. Attorney Gen. Russell Coleman v. Council for Better Educ., Inc. (Ky. 2026). “See KRS 158.030. Charter schools are not required to answer to local school districts nor be accountable to them in any way; therefore, they are outside of their scope.”

— Ky. Rev. Stat. § 158.030(2) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.