requirements -- Adoption of truancy policies by local school boards --
Implementation of early intervention and prevention programs.
(1) Any student who has attained the age of six (6) years, but has not reached his or her
eighteenth birthday, who has been absent from school without valid excuse for three
(3) or more days, or tardy without valid excuse on three (3) or more days, is a
truant.
(2) Any student enrolled in a public school who has attained the age of eighteen (18)
years, but has not reached his or her twenty-first birthday, who has been absent from
school without valid excuse for three (3) or more days, or tardy without valid
excuse on three (3) or more days, is a truant.
(3) Any student who has been reported as a truant two (2) or more times is an habitual
truant.
(4) For the purposes of establishing a student's status as a truant, the student's
attendance record is cumulative for an entire school year. If a student transfers from
one (1) Kentucky public school to another during a school year, the receiving school
shall incorporate the attendance information provided under KRS 159.170 in the
student's official attendance record.
(5) A local board of education may adopt reasonable policies that:
(a) Require students to comply with compulsory attendance laws;
(b) Require truants and habitual truants to make up unexcused absences;
(c) Impose sanctions for noncompliance; and
(d) Collaborate and cooperate with the Court of Justice, the Department for
Community Based Services, the Department of Juvenile Justice, regional
community mental health centers, and other service providers to implement
and utilize early intervention and prevention programs, such as truancy
diversion, truancy boards, mediation, and alternative dispute resolution to
reduce referrals to a court-designated worker.
Effective: July 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 15, effective July 1, 2015. -- Amended
2007 Ky. Acts ch. 122, sec. 1, effective June 26, 2007. -- Amended 2005 Ky. Acts
ch. 172, sec. 1, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 611, sec. 2,
effective July 15, 1998. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, sec.
413, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 33, sec. 1, effective July
15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 4434-14.
Notes of Decisions
Millis Pub. Schs. v. M.P., 89 N.E.3d 1170 (Mass. 2018).
· cites it 2× “§§ 38-2022 (d), 38-2253 ; Ky. Rev. Stat. Ann. §§ 159.150 , 630.020, 630.”
J.K.B. v. Commonwealth, 336 S.W.3d 917 (Ky. Ct. App. 2011).
· cites it 7× “020(28) as “any child who has been found by the court to have been reported as a truant as defined in KRS 159.150(1) two (2) or more times during a one (1) year period.”
Commonwealth v. Hager, 35 S.W.3d 377 (Ky. Ct. App. 2000).
“The Commonwealth argued that if a definition for “habitual truant” was used, it should be taken from KRS 159.150, which holds that “[a]ny child who has been absent from school without valid excuse for three (3) or more days, or tardy on three (3) or more days, is a truant.”
N.K. v. Commonwealth, 324 S.W.3d 438 (Ky. Ct. App. 2010).
“140(1) as follows: (c) Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the home with the work and advantages of the school; (d) Ascertain the causes of irregular attendance and truancy, through documented contact with the…”
S.B. v. Commonwealth, 396 S.W.3d 928 (Ky. Ct. App. 2013).
“080, shall: (c) Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the home with the work and advantages of the school; (d) Ascertain the causes of irregular attendance and truancy, through documented contact with the custodian…”
B.H. v. Commonwealth, 329 S.W.3d 360 (Ky. Ct. App. 2010).
“080, shall: [[Image here]] (c) Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the *366 home with the work and advantages of the school; (d) Ascertain the causes of irregular attendance and truancy, through documented contact…”
JKB v. Com., 336 S.W.3d 917 (Ky. Ct. App. 2011).
· cites it 7× “020(28) as "any child who has been found by the court to have been reported as a truant as defined in KRS 159.150(1) two (2) or more times during a one (1) year period.”
NK v. Com., 324 S.W.3d 438 (Ky. Ct. App. 2010).
“140(1) as follows: (c) Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the home with the work and advantages of the school; (d) Ascertain the causes of irregular attendance and truancy, through documented contact with the…”
J.L.C. v. Commonwealth, 491 S.W.3d 519 (Ky. Ct. App. 2016).
“080, shall: ⅜ ⅜ ⅜ (e) Acquaint the school with the home conditions- of a habitual truant as described in KRS 159.150(3), and the home with the work and advantages of the school; (d) Ascertain.”
BH v. Com., 329 S.W.3d 360 (Ky. Ct. App. 2010).
“(c) Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the *366 home with the work and advantages of the school; (d) Ascertain the causes of irregular attendance and truancy, through documented contact with the custodian of the…”
— Ky. Rev. Stat. § 159.150(1) — 2 cases
J.K.B. v. Commonwealth, 336 S.W.3d 917 (Ky. Ct. App. 2011).
“020(28) as “any child who has been found by the court to have been reported as a truant as defined in KRS 159.150(1) two (2) or more times during a one (1) year period.”
JKB v. Com., 336 S.W.3d 917 (Ky. Ct. App. 2011).
“020(28) as "any child who has been found by the court to have been reported as a truant as defined in KRS 159.150(1) two (2) or more times during a one (1) year period.”
— Ky. Rev. Stat. § 159.150(2) — 2 cases
J.K.B. v. Commonwealth, 336 S.W.3d 917 (Ky. Ct. App. 2011).
“020(28) as “any child who has been found by the court to have been reported as a truant as defined in KRS 159.150(1) two (2) or more times during a one (1) year period.”
JKB v. Com., 336 S.W.3d 917 (Ky. Ct. App. 2011).
“020(28) as "any child who has been found by the court to have been reported as a truant as defined in KRS 159.150(1) two (2) or more times during a one (1) year period.”
— Ky. Rev. Stat. § 159.150(3) — 6 cases
N.K. v. Commonwealth, 324 S.W.3d 438 (Ky. Ct. App. 2010).
“140(1) as follows: (c) Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the home with the work and advantages of the school; (d) Ascertain the causes of irregular attendance and truancy, through documented contact with the…”
S.B. v. Commonwealth, 396 S.W.3d 928 (Ky. Ct. App. 2013).
“080, shall: (c) Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the home with the work and advantages of the school; (d) Ascertain the causes of irregular attendance and truancy, through documented contact with the custodian…”
B.H. v. Commonwealth, 329 S.W.3d 360 (Ky. Ct. App. 2010).
“080, shall: [[Image here]] (c) Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the *366 home with the work and advantages of the school; (d) Ascertain the causes of irregular attendance and truancy, through documented contact…”
NK v. Com., 324 S.W.3d 438 (Ky. Ct. App. 2010).
“140(1) as follows: (c) Acquaint the school with the home conditions of a habitual truant as described in KRS 159.150(3), and the home with the work and advantages of the school; (d) Ascertain the causes of irregular attendance and truancy, through documented contact with the…”
J.L.C. v. Commonwealth, 491 S.W.3d 519 (Ky. Ct. App. 2016).
“080, shall: ⅜ ⅜ ⅜ (e) Acquaint the school with the home conditions- of a habitual truant as described in KRS 159.150(3), and the home with the work and advantages of the school; (d) Ascertain.”
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