Could a Kentucky school require a student with excessive absences to attend summer school in 1992?

Plain-English summary

The Kentucky School Boards Association asked whether a district could require summer attendance for students whose excessive unexcused absences had put their academic achievement at risk. The AG drew a line between offering more instruction and ordering a student to attend a summer program. It said schools could offer the program but found no specific statutory authority to compel attendance for that reason.

The opinion acknowledged that a reasonable attendance policy could affect course credit. It also recognized authority to extend the school term and, with Department of Education approval, operate year-round. Neither point supplied the mandatory summer-program authority the association asked about.

Currency note

This opinion was issued in 1992. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

School boards and administrators

The AG said they could offer summer instruction to help a student meet educational goals after excessive absences. It also recalled an earlier opinion permitting a reasonable attendance rule for course credit. But it found no statute authorizing a board to require an individual student to attend a summer program because of those absences.

Students and families

Under the law the AG considered, a student with excessive unexcused absences could be offered a summer program. The opinion did not treat that offer as compulsory. It separately recognized the minimum instructional term and the possibility of an approved year-round school schedule.

Common questions

Could the district force a student to attend summer school for too many absences?

The AG said no under the statutes it reviewed in 1992. Schools could offer the program, but the opinion found no specific authority to compel attendance.

Could absences still affect course credit?

Yes. The opinion cited an earlier AG view that a school board could adopt a reasonable attendance requirement for receiving course credit.

Did permission to run a year-round school change the answer?

No. The opinion noted that a board could extend its school term and operate year-round with Department of Education approval, but still found no specific statute requiring an excessively absent student to attend a summer program.

Background and statutory framework

KRS 158.070(7) addressed continuing education for students needing more time to meet the goals in KRS 158.6451. The AG also described the minimum school term in KRS 158.070(1) and (2), the student's minimum attendance duty in KRS 158.070(2)(b), and the year-round option under KRS 158.070 and 702 KAR 7:020. It concluded that none specifically authorized compulsory summer attendance for the student described.

Citations and references

• KRS 158.070(7) and KRS 158.6451: extended educational services and goals discussed in the request.
• KRS 158.070(1), (2), and (2)(b): minimum term, attendance, and extended term discussed by the AG.
• 702 KAR 7:020: regulation cited for year-round operation.
• OAG 74-312: earlier opinion on reasonable attendance requirements for course credit.

Source

• Landing page: https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG92-095.htm

Original opinion text

OAG 92-95

June 9, 1992

Hon. J. Stephen Kirby

Director of Legal Services

Kentucky School Boards Association

260 Democrat Drive

Frankfort, Kentucky 40601

Dear Mr. Kirby:

You have requested a formal written opinion of the Attorney General concerning the Extended School Services Programs enacted in the 1990 Session of the Kentucky General Assembly. KRS 158.070(7) requires schools to provide continuing education for students who need additional time to meet the educational goals set forth in KRS 158.6451. Your question, in particular, is whether a district may compel attendance in a summer program by students who have excessive unexcused absences that have jeopardized the students' academic achievement for that year.

This office has previously addressed attendance policies that require a student to meet certain attendance requirements in order to receive course credit. OAG 74-312. So long as the attendance policy is reasonable, a school board may enact a regulation that a pupil must not be absent for more than a certain number of days and be able to receive credit for his courses.

It is the opinion of this Office that schools may offer the option, but not compel, students who have excessive unexcused absences to attend a summer program when attendance in a summer program will enable the students to achieve the appropriate goals.

KRS 158.070(1) and (2) provide that the minimum school term shall be 185 days, with at least 175 of those days being instructional days. Pupils are required to attend school, " for at least the minimum instructional term." KRS 158.070(2)(b). A board of education may also extend the school term beyond the minimum term, and operate its schools on a year-round basis upon approval by the Department of Education. KRS 158.070(1) and (2), and 702 KAR 7:020.

Nevertheless, there is no specific statute authorizing a board of education to require a student who has excessive absences to attend a summer program.

Sincerely,

CHRIS GORMAN

ATTORNEY GENERAL

Anne E. Keating

Assistant Attorney General

AEK/par