Kentucky Revised Statutes

Ky. Rev. Stat. § 159.030 (2026)

Exemptions from compulsory attendance

✓ current as of May 2026

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(1) 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 (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. (2) (a) 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 submission to the board of satisfactory evidence in the form of a signed statement of a properly licensed physician, advanced practice registered nurse, physician's assistant, psychologist, psychiatrist, or qualified mental health professional as defined in KRS 202A.011 responsible for diagnosing and treating the child, stating that the diagnosed condition of the child prevents or renders inadvisable attendance at school and requires home or hospital instruction. If the condition is mental health related, then the signed statement shall be completed by a qualified mental health professional as defined in KRS 202A.011. On the basis of such evidence, the local board of education may exempt the child from compulsory attendance. (b) Any child who is excused from school attendance more than six (6) months shall have two (2) signed statements from a combination of two (2) of the professional persons in accordance with paragraph (a) of this subsection, except that this requirement shall not apply to a child whose signed statement certifies that the student has a chronic physical condition that prevents or renders inadvisable attendance at school and is unlikely to substantially improve within one (1) year. (c) Exemptions of any student under the provisions of subsection (1)(d) of this section shall be reviewed annually with the evidence required being updated. (3) The Kentucky Board of Education may promulgate administrative regulations to establish the components of compulsory attendance and exemptions. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 31, sec. 1, effective June 29, 2023. -- Amended 2020 Ky. Acts ch. 104, sec. 2, effective July 15, 2020. -- 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.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1945–2026 · leading case: Jefferson Cnty. Bd. of Educ. v. Fell ex rel. L.F., 391 S.W.3d 713 (Ky. 2012).

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Jefferson Cnty. Bd. of Educ. v. Fell ex rel. L.F., 391 S.W.3d 713 (Ky. 2012). · cites it 3× “This provision requires the parent of a Kentucky school age child, except as provided in KRS 159.030, to “send the child to [either] a regular public day school for the full term that the public school of the district in which the child resides is in session or to the public…”

Fannin v. Williams, 655 S.W.2d 480 (Ky. 1983). · cites it 2× “030, which require compulsory attendance at public school for school age children with certain exceptions, one of which is a child "enrolled and in regular attendance in a private or parochial regular day school approved by the state board of education.”

Nichols v. Henry, 191 S.W.2d 930 (Ky. Ct. App. 1945). · cites it 2× “whereas pupils who attend private, sectarian and parochial schools do so by voluntary choice, by reason of which they are specifically exempted by KRS 159.030 from the compul *438 sory provisions of KRS 159.”

Keeton v. Keith, 511 S.W.3d 918 (Ky. Ct. App. 2017). “010(l)(a), which provides: Except as provided in KRS 159.030 and paragraphs (b) and (c) of this subsection, each parent, guardian, or other person residing in the state and having in custody or charge any child who has entered the primary school program or any child between the…”

Kentucky State Bd., Etc. v. Rudasill, 589 S.W.2d 877 (Ky. 1979). “Attendance at church schools which are not so approved does not qualify the students there enrolled for the exemption from compulsory attendance in the public schools provided by KRS 159.030, in the opinion of the Commonwealth.”

Kentucky State Bd. for Elementary & Secondary Educ. v. Rudasill, 589 S.W.2d 877 (Ky. 1979). “Attendance at church schools which are not so approved does not qualify the students there enrolled for the exemption from compulsory attendance in the public schools provided by KRS 159.030, in the opinion of the Commonwealth.”

Marcinek v. Commonwealth ex rel. Marcum, 999 S.W.2d 721 (Ky. Ct. App. 1999). “The school also provides the students with a transcript which can be used for college applications.”

India Thomason v. Denise Bradshaw, as Adm'x of the Est. of David Bradshaw, III (Ky. Ct. App. 2026). · cites it 2× “It is a -8- term treated as mutually exclusive with nonpublic school by the provisions of KRS 159.030. Fannin v. Williams, 655 S.W.”

— Ky. Rev. Stat. § 159.030(1) — 2 cases

Jefferson Cnty. Bd. of Educ. v. Fell ex rel. L.F., 391 S.W.3d 713 (Ky. 2012). “This provision requires the parent of a Kentucky school age child, except as provided in KRS 159.030, to “send the child to [either] a regular public day school for the full term that the public school of the district in which the child resides is in session or to the public…”

India Thomason v. Denise Bradshaw, as Adm'x of the Est. of David Bradshaw, III (Ky. Ct. App. 2026). “It is a -8- term treated as mutually exclusive with nonpublic school by the provisions of KRS 159.030. Fannin v. Williams, 655 S.W.”

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