702 Kar 7:125. Pupil Attendance

Link to law: http://www.lrc.ky.gov/kar/702/007/125.htm
Published: 2015

      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.)
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