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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 ab

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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 -- <br>Exception for testing periods -- Excused absences for deployment and return <br>days of parent or guardian on active duty -- Excused absence to visit parent or <br>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 <br>school for all purposes when participating in regularly scheduled 4-H club <br>educational activities, provided, the student is accompanied by or under the <br>supervision of a county extension agent or the designated 4-H club leader for the 4-<br>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 <br>educational enhancement opportunity determined by the principal to be of <br>significant educational value, including but not limited to participation in an <br>educational foreign exchange program or an intensive instructional, experiential, or <br>performance program in one (1) of the core curriculum subjects of English, science, <br>mathematics, social studies, foreign language, and the arts. <br>(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 <br>grades adversely affected for lack of class attendance or class participation due <br>to the excused absence. (b) Educational enhancement opportunities under this subsection shall not include nonacademic extracurricular activities, but may include programs not <br>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 <br>to the district superintendent, who shall make a determination whether to <br>uphold or alter the decision of the principal. If a superintendent upholds a <br>principal's denial, a student may appeal the decision to the local board of <br>education, which shall make a final determination. A principal, <br>superintendent, and local board of education shall make their determinations <br>based on the provisions of this subsection and the district's school attendance <br>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 <br>for the purposes of calculating average daily attendance as defined by KRS <br>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 <br>established for assessments of the state assessment developed under KRS <br>158.6453 or during a testing period established for the administration of <br>additional district-wide assessments at the school, except if a principal determines that extenuating circumstances make an excused absence to pursue <br>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, <br>including a member of a state National Guard or a Reserve component called <br>to federal active duty, a public school principal shall give the student: <br>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 <br>returns from deployment; and 3. Excused absences for up to ten (10) days for visitation when the member <br>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 <br>grades adversely affected for lack of class attendance or class participation due <br>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 <br>calculating average daily attendance as defined by KRS 157.320 under the <br>Support Education Excellence in Kentucky program. Effective: June 25, 2009 <br>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, <br>sec. 9, effective April 25, 2006. -- Amended 2004 Ky. Acts ch. 87, sec. 1, effective <br>July 13, 2004. -- Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 217, effective July 13, <br>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 <br>together.