702 KAR 7:125. Pupil attendance.
RELATES TO: KRS 157.320, 157.350,
157.360, 158.030, 158.070, 158.100, 158.240, 159.010, 159.030, 159.035,
159.140, 159.170, 161.200
STATUTORY AUTHORITY: KRS 156.070,
156.160, 157.320, 158.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS
157.320 defines average daily attendance of pupils for funding purposes under
the Support Education Excellence in Kentucky (SEEK) Program. KRS 157.360 bases
SEEK funding upon average daily attendance. KRS 158.030, 158.100, and 159.010
establish the age for compulsory school attendance. KRS 158.070 defines the
school term. KRS 158.240 and 159.035 define attendance credit for moral
instruction and 4-H activities. KRS 161.200 requires attendance records to be
kept by teachers. This administrative regulation establishes a uniform method
of recording pupil attendance.
Section 1. Daily Attendance. (1) Daily
attendance of pupils in elementary schools shall be determined by taking
attendance one (1) time each day prior to the start of instruction and
maintaining a pupil entry and exit log at each school.
(2) Daily attendance of pupils in middle
and high schools shall be determined by taking attendance by class period and
maintaining a pupil entry and exit log at each school.
(3) The pupil entry and exit log shall
include the date, pupil name, grade or homeroom, time of late arrival, time of
early departure (with the reason for both listed), and other information
required by the local board of education. For elementary pupils who are signed
out, the pupil entry and exit log shall also include a signature of:
(a) A parent;
(b) A legal guardian; or
(c) An adult with proof of identification
and for whom the school has received a written authorization from the parent or
legal guardian.
(4) Pupils shall be physically present in
the school to be counted in attendance except under the following conditions:
(a) The pupil is a participant in a
co-curricular instructional activity that has been authorized by the local
board of education and is a definite part of the instructional program of the
school;
(b) The pupil is a participant in an
activity as provided in either KRS 158.240 or 159.035;
(c) The pupil is participating in an
off-site virtual high school class or block. A pupil may be counted in attendance
for a virtual high school class or block for the year or semester in which the pupil
initially enrolled in the class or block if the pupil demonstrates proficiency
in accordance with local policies required by 704 KAR 3:305, Section 5(2)(b) or
(3);
(d) The pupil’s mental or physical
condition prevents or renders inadvisable attendance in a school setting, and
the pupil meets the requirements of KRS 159.030(2). A pupil being served in the
home/hospital program shall receive a minimum of one (1) hour of instruction
two (2) times per five (5) instructional days;
(e) The pupil has been court ordered to
receive educational services in a setting other than the classroom. A pupil
being served through a court order shall receive a minimum of one (1) hour of instruction
two (2) times per five (5) instructional days;
(f) The pupil has an individual education
plan (IEP) that requires less than full-time instructional services;
(g) The pupil is participating in
standards-based, performance-based credit that is awarded in accordance with
704 KAR 3:305, Section 5(2)(b) and that falls within one (1) or more of the
categories of standards-based course work outlined in 704 KAR 3:305, Section 2.
A pupil may be counted in attendance for performance-based credit for a class
or block for the year or semester in which the pupil initially enrolled in the
class or block if the pupil demonstrates proficiency in accordance with local
policies required by 704 KAR 3:305, Section 5(3); or
(h) The pupil participates in a school
that is authorized by the commissioner to design and deliver an educational
program so that all graduation requirements are based on pupil proficiency of
standards and performance, rather than time and Carnegie units, as authorized
in 704 KAR 3:305, Section 5.
(5) Even if a pupil's absence or tardy is
due to factors beyond the pupil's control, including inclement weather or
failure of the transportation system to operate, the pupil shall be counted
absent or tardy.
(6) The local board of education shall
determine by local board policy what constitutes an excused and an unexcused
absence.
(7) A pupil shall not be allowed to make
up absences for the purpose of including make-up activities in the calculation
of average daily attendance.
Section 2. Calculation of Attendance. The
guidelines in this section shall be used to calculate pupil attendance for
state funding purposes.
(1) A full day of attendance shall be
recorded for a pupil who is in attendance at least sixty-five (65) percent of
the regularly-scheduled school day for the pupil's grade level.
(2) A tardy shall be recorded for a pupil
who is absent thirty-five (35) percent or less of the regularly-scheduled
school day for the pupil's grade level.
(3) A half day absence shall be recorded
for a pupil who is absent thirty-six (36) percent to eighty-four (84) percent
of the regularly-scheduled school day for the pupil's grade level.
(4) A full day absence shall be recorded
for a pupil who is absent more than eighty-four (84) percent of the
regularly-scheduled school day for the pupil's grade level.
Section 3. Shortened School Day. A local
board of education may permit an arrangement whereby a pupil has a shortened
school day in accordance with KRS 158.060, or local board of education policy.
The time a pupil is in attendance shall be included in calculating the district's
average daily attendance.
Section 4. Dual Enrollment. A local board
of education may permit an arrangement in which a pupil pursues part of the pupil’s
education under the direction and control of one (1) public school and part of
the pupil’s education under the direction and control of another public or
nonpublic school. The time a pupil is served by each public school shall be
included when calculating the district’s average daily attendance.
Section 5. Private School Placement. If a
local school district, under the provisions of KRS 157.360(7), enrolls a child
with a disability in a private school or agency, the private school or agency
shall certify the attendance of the child to the local school district at the
close of each school month.
Section 6. Age of Pupil. (1) Prior to the
2017-18 school year, if a local school district enrolls in the entry level
program a pupil who will not be five (5) years of age on or before October 1 of
the year of enrollment, the total aggregate days attendance for the pupil shall
not be included in calculating the district's average daily attendance.
Beginning with the 2017-18 school year, if a local school district enrolls in
the entry level program a pupil who will not be five (5) years of age on or
before August 1 of the year of enrollment, the total aggregate days attendance
for the pupil shall not be included in calculating the district’s average daily
attendance.
(2) Prior to the 2017-18 school year, if a
local school district enrolls in the second level of the primary program a
pupil who will not be six (6) years of age on or before October 1 of the year
of enrollment, the total aggregate days attendance for the pupil shall not be
included in calculating the district's average daily attendance except under
the conditions established in this subsection. Beginning with the 2017-18
school year, if a local school district enrolls in the second level of the
primary program a pupil who will not be six (6) years of age on or before August
1 of the year of enrollment, the total aggregate days attendance for the pupil
shall not be included in calculating the district’s average daily attendance
except under the conditions established in this subsection.
(a) The local board of education shall
have determined that the pupil is eligible for enrollment in the second level
of the primary program after academic, social, and developmental progress
records from multiple data sources are reviewed by a team and determined to
support accelerated placement. These sources shall include:
1. Anecdotal records;
2. A variety of pupil work samples,
including evidence of pupil self-reflection; and
3. Standardized test results.
(b) The team shall be comprised of three
(3) members who have knowledge of the pupil’s developmental skills and abilities.
Team members shall be chosen from these categories:
1. Teachers;
2. Parents;
3. Psychologists;
4. Principals; or
5. District specialists.
(c) At least one (1) team member shall
represent the district office and have an understanding of early childhood
development and knowledge of developmentally-appropriate practices.
(d) If a pupil is recommended by the
local board of education for accelerated placement into the second level of the
primary program, the district shall forward that recommendation to the department
for approval with:
1. A list of data sources used in making
the decision;
2. A list of all individuals who
submitted the data sources;
3. A list of team members; and
4. The data needed to create a pupil
attendance record.
(3) A local school district shall enroll
any resident pupil, not holding a high school diploma, under the age of
twenty-one (21) years who wishes to enroll. The days attended after the pupil’s
21st birthday shall not be included in the calculation of the district's average
daily attendance.
Section 7. Due Dates for Certain Reports.
(1) The Growth Factor Report for the first two (2) school months of the school
year created pursuant to KRS 157.360(9) shall be submitted to the department within
ten (10) business days following the last day of the second school month or by
November 1 of each year, whichever occurs first.
(2) Pursuant to KRS 157.360(2), the
Superintendents Annual Attendance Report (SAAR) for the school year shall be
submitted to the department by June 30 of each year.
Section 8. Nonresident Pupils. (1)(a) A
written agreement executed by local boards of education for enrollment of
nonresident pupils as provided by KRS 157.350(4)(a) shall be filed in both the
attending district and the resident district no later than February 1 of the
year prior to the school year to which it will apply.
(b) The written agreement shall include
the specific terms to which the districts have agreed.
(c) A list of the names of all
nonresident pupils enrolled in the attending district covered by the agreement
shall be filed in both the attending district and the resident district not
later than November 1 of the school year covered by the agreement.
(d) A change may be made to the original
nonresident pupil agreement up to the close of the school year to include the
nonresident pupils enrolling after the close of the second school month. The
amendment shall be filed in both the attending district and the resident
district no later than June 30 of each year.
(2) A list of the names of all
nonresident pupils whose parent is an employee of the district as provided by
KRS 157.350(4)(b) and who are not covered by the nonresident agreement shall be
filed in both the attending district and the resident district not later than November
1 of the school year.
Section 9. Weather-related Low Attendance
Days. (1) The SAAR shall be considered:
(a) The request to substitute prior
year's average daily attendance for up to ten (10) designated weather-related
low attendance days; and
(b) Certification that the low attendance
was due to inclement weather, in accordance with KRS 157.320(17).
(2) Documentation that the low attendance
was due to inclement weather shall be retained at the central office.
Section 10. Health and Safety Closings. (1)
The SAAR shall be considered:
(a) The request to substitute prior
year's average daily attendance for up to ten (10) designated instructional
days, in accordance with KRS 158.070(10); and
(b) Certification that the low attendance
was due to health and safety reasons.
(2) Documentation that the low attendance
was due to health and safety reasons shall be retained at the central office.
(3) Days granted in this section shall be
in addition to any days granted under Section 9 of this administrative regulation.
Section 11. Original Source of Attendance
Data. (1) The school's records of daily attendance and teacher's monthly attendance
reports, daily and class period absentee lists, pupil entry and exit logs, and
the Home/Hospital Program Form, shall be the original source of attendance data
for all pupils enrolled in the public common schools and shall be verified at
the end of each school month.
(2) The school’s records of daily
attendance and teachers’ monthly attendance reports shall be signed by a
designated certified person within the elementary or secondary school who shall
be responsible for verifying and certifying the state attendance documents for
accuracy.
(3) The school's records of daily
attendance and tenth month teacher's monthly attendance reports shall be
retained at least twenty (20) years. The daily and class period absentee lists,
and pupil entry and exit logs shall be retained at least two (2) full school years
after the current school year.
Section 12. Enrollment Codes. The
following entry, reentry, and withdrawal codes shall be used to indicate the
enrollment status of pupils:
(1) E01 - A pupil enrolled for the first
time during the current year in either a public or nonpublic school in the
United States;
(2) E02 - A pupil previously enrolled
during the current school year in either a public or nonpublic school in
another state who has not previously enrolled in Kentucky during the current
school year;
(3) E03 - A pupil enrolling for the first
time during the current school year in either a public or nonpublic school, who
withdrew as a W06, W07, W13, W16, or W18 during the 2004-2005 school year or as
a W24 or W25 for previous school years;
(4) R01 - A pupil received from another
grade or grade level in the same school year, or having a change in schedule
structure or enrollment service type;
(5) R02 - A pupil received from another
public school in the same public school district;
(6) R06 - A pupil reentering the school
after dropping out, discharge, or expulsion from a school district in Kentucky
during the current school year, who has not entered any other school during the
intervening period;
(7) R20 - A pupil previously enrolled in
a home school in Kentucky during the current school year;
(8) R21 - A pupil previously enrolled in
any public or nonpublic school (excluding home schools) in Kentucky during the
current school year;
(9) W01 - A pupil transferred to another
grade in the same school or with grade level changes in the same school
mid-year, or with a change in schedule structure or enrollment service type. The
reentry code to use with W01 shall be R01;
(10) W02 - A pupil transferred to another
public school in the same public school district. The reentry code to use with
W02 shall be R02;
(11) W07 - A pupil withdrawn due to those
communicable medical conditions that pose a threat in school environments
listed in 902 KAR 2:020, Section 2(1), accompanied by a doctor's statement certifying
the condition, or any other health-related condition for which the pupil is too
ill to participate in regular school attendance or local homebound
instructional services, or if the pupil has obtained a doctor's statement
certifying the condition. The reentry code to use with W07 shall be R06;
(12) W08 - A pupil withdrawn due to
death;
(13) W12 - A pupil under the jurisdiction
of the court. For purposes of the W12 code, a pupil may be considered under the
jurisdiction of the court on the day the petition is filed with the court. The
reentry code to use with W12 shall be R06. For accountability purposes, a W12
shall be considered a dropout if the district cannot substantiate enrollment in
the proper educational setting as designated by the court;
(14) W17 - An entry level pupil in the
primary program, withdrawn during the first two (2) months enrolled due to
immaturity or mutual agreement by the parent, guardian or other custodian and
the school in accordance with 704 KAR 5:060;
(15) W20 - A pupil transferred to a home
school. The reentry code to use with W20 shall be R20;
(16) W21 - A pupil transferred to a
nonpublic school (excluding home school). The reentry code to use with W21
shall be R21;
(17) W22 - A pupil who has transferred to
another Kentucky public school district and for whom a request for pupil records
has been received or enrollment has been substantiated;
(18) W23 - A pupil withdrawn for a second
or subsequent time who initially withdrew as a W24 or W25 during the current
school year;
(19) W24 - A pupil who has moved out of
this public school district for whom enrollment elsewhere has not been
substantiated;
(20) W25 – Prior to the 2017-18 school
year, a pupil who is at least the local board policy’s minimum age for
withdrawal and has withdrawn from public school; beginning with the 2017-18
school year, a pupil who is at least eighteen (18) years of age and has withdrawn
from public school;
(21) W26 - A pupil who has withdrawn from
school after completing a secondary GED program and receiving a GED
certificate;
(22) W27 – A pupil who has withdrawn from
school and subsequently received a GED;
(23) W28 - A pupil who has reached the
maximum age for education services without receiving a diploma or an alternative
high school diploma;
(24) W29 - A pupil who has moved out of
state or out of the United States;
(25) W30 - A pupil with an IEP enrolled
in Grade 14 who has previously received an alternative high school diploma, re-enrolled,
and withdrew in the middle of the reporting school year;
(26) C01 - A pupil who completes the
school year in the school of the most current enrollment;
(27) G01 - A pupil who graduates in less
than four (4) years;
(28) G02 - A pupil who graduates in four
(4) years;
(29) G03 - A pupil who graduates in five
(5) or more years;
(30) G04 - A pupil who graduates in six
(6) or more years; and
(31) NS - A pupil who completed the prior
year with a C01 and was expected to enroll in the district but did not enroll
by October 1 of the current year whose enrollment elsewhere cannot be substantiated.
Section 13. Suspension. (1) For a pupil
who has been suspended, a code of S shall be used to indicate the days suspended.
(2) Suspension shall be considered an
unexcused absence.
Section 14. Ethnicity. The ethnicity of
each pupil shall be designated as either Hispanic/Latino or not Hispanic/Latino.
The designation shall be "Hispanic/Latino" if the person is of
Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish
culture of origin regardless of race. The term "Spanish origin" may
be used in addition to "Hispanic/Latino".
Section 15. Racial Category Codes. One
(1) or more of the following racial codes shall be used to indicate the racial
category of pupils:
(1) White - A person having origins in
any of the original peoples of Europe, North Africa, or the Middle East;
(2) Black or African American - A person
having origins in any of the black racial groups of Africa;
(3) Asian - A person having origins in
any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea,
Malaysia, Pakistan, the Philippine Islands, Thailand, or Vietnam;
(4) American Indian or Alaskan Native - A
person, having origins in any of the original peoples of North America and
South America (including Central America), who maintains cultural identification
through tribal affiliation or community attachment; and
(5) Native Hawaiian or other Pacific
Islander - A person having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands.
Section 16. Withdrawal and Transfer
Records. (1) The Student Dropout Questionnaire shall be completed during the
one (1) hour counseling session mandated in accordance with KRS 159.010.
(2) The request for records and other
information involving the withdrawal and transfer of pupils shall be processed
by the local superintendent or his or her designee pursuant to KRS 159.170, and
shall be maintained in the pupil’s permanent file.
Section 17. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Home/Hospital Program Form",
November 2013;
(b) "Student Dropout Questionnaire",
November 2013;
(c) "Growth Factor Report", November
2013; and
(d) "Superintendent's Annual
Attendance Report (SAAR)", November 2013.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Department of
Education, 15th Floor, Capital Plaza Tower, 500 Mero Street, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (23 Ky.R. 2352; Am.
2722; eff. 1-9-1997; 25 Ky.R. 1137; 1597; eff. 1-19-1999; 27 Ky.R. 1871; 2439;
eff. 3-19-2001; 29 Ky.R. 2349; 29 Ky.R. 2349; 2685; eff. 4-15-2003; 30 Ky.R.
2380; 31 Ky.R. 76; eff. 8-6-2004; 32 Ky.R. 1771; 2009; eff. 6-2-2006; 36 Ky.R.
466; 1212; eff. 1-4-2010; 37 Ky.R. 2291; 2572; eff. 6-3-2011; 40 Ky.R. 1362;
1732; eff. 3-7-2014.)