159.035 Participation in 4-H activities to be considered attendance -- Excused absence for educational enhancement -- Appeal of denial of excused absence -- Exception for testing periods -- Excused ab - Kentucky Statutes

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159.035 Participation in 4-H activities to be considered attendance -- Excused absence for educational enhancement -- Appeal of denial of excused absence --
Exception for testing periods -- Excused absences for deployment and return
days of parent or guardian on active duty -- Excused absence to visit parent or
guardian on R and R. (1) Notwithstanding the provisions of any other statute, any student in a public school who is enrolled in a properly organized 4-H club shall be considered present at
school for all purposes when participating in regularly scheduled 4-H club
educational activities, provided, the student is accompanied by or under the
supervision of a county extension agent or the designated 4-H club leader for the 4-
H club educational activity participated in. (2) Except as provided in paragraph (e) of this subsection, a public school principal shall give a student an excused absence of up to ten (10) school days to pursue an
educational enhancement opportunity determined by the principal to be of
significant educational value, including but not limited to participation in an
educational foreign exchange program or an intensive instructional, experiential, or
performance program in one (1) of the core curriculum subjects of English, science,
mathematics, social studies, foreign language, and the arts.
(a) A student receiving an excused absence under this subsection shall have the opportunity to make up school work missed and shall not have his or her class
grades adversely affected for lack of class attendance or class participation due
to the excused absence. (b) Educational enhancement opportunities under this subsection shall not include nonacademic extracurricular activities, but may include programs not
sponsored by the school district. (c) If a request for an excused absence to pursue an educational enhancement opportunity is denied by a school principal, a student may appeal the decision
to the district superintendent, who shall make a determination whether to
uphold or alter the decision of the principal. If a superintendent upholds a
principal's denial, a student may appeal the decision to the local board of
education, which shall make a final determination. A principal,
superintendent, and local board of education shall make their determinations
based on the provisions of this subsection and the district's school attendance
policies adopted in accordance with KRS 158.070 and KRS 159.150. (d) A student receiving an excused absence under the provisions of this subsection shall be considered present in school during the excused absence
for the purposes of calculating average daily attendance as defined by KRS
157.320 under the Support Education Excellence in Kentucky program. (e) A student shall not be eligible to receive an excused absence under the provisions of this subsection for an absence during a school's testing window
established for assessments of the state assessment developed under KRS
158.6453 or during a testing period established for the administration of
additional district-wide assessments at the school, except if a principal determines that extenuating circumstances make an excused absence to pursue
an educational enhancement opportunity appropriate. (3) (a) If a student's parent, de facto custodian, or other person with legal custody or control of the student is a member of the United States Armed Forces,
including a member of a state National Guard or a Reserve component called
to federal active duty, a public school principal shall give the student:
1. An excused absence for one (1) day when the member is deployed; 2. An additional excused absence for one (1) day when the service member
returns from deployment; and 3. Excused absences for up to ten (10) days for visitation when the member
is stationed out of the country and is granted rest and recuperation leave. (b) A student receiving an excused absence under this subsection shall have the opportunity to make up school work missed and shall not have his or her class
grades adversely affected for lack of class attendance or class participation due
to the excused absence. (c) A student receiving an excused absence under this subsection shall be considered present in school during the excused absence for the purposes of
calculating average daily attendance as defined by KRS 157.320 under the
Support Education Excellence in Kentucky program. Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 18, sec. 1, effective June 25, 2009; and ch. 101, sec. 10, effective March 25, 2009. -- Amended 2006 Ky. Acts ch. 252, Pt. XXVIII,
sec. 9, effective April 25, 2006. -- Amended 2004 Ky. Acts ch. 87, sec. 1, effective
July 13, 2004. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 217, effective July 13,
1990. -- Created 1960 Ky. Acts ch. 245, sec. 1. Legislative Research Commission Note (6/25/2009). This section was amended by 2009 Ky Acts chs.18 and 101, which do not appear to be in conflict and have been codified
together.