Were Kentucky students excused from compulsory school attendance after becoming parents?

Short answer No. The 1997 AG opinion said KRS 159.030 contained no school attendance exemption for mothers, fathers, or married students. It expressly overruled an earlier opinion that had recognized exemptions for mothers and married students.

State

Kentucky

Opinion

OAG 97-26

Issued

August 8, 1997

Issued by

Office of the Kentucky Attorney General

Requested by

Virginia W. Gregg, general counsel to Board of Education of Fayette County

Source

View official page

Apply this to your situation

This page answers the general question as of 1997. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.

Disclaimer: This is an official Kentucky Attorney General opinion. AG opinions are advisory and are not binding court precedent. This page is informational and is not legal advice.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.

View original AG opinion (official page)

Plain-English summary

In 1997, Kentucky's Attorney General concluded that becoming a parent did not exempt a student from compulsory school attendance. KRS 159.030 listed the exemptions, and the AG found none for mothers, fathers, or married students.

The opinion expressly overruled OAG 81-73, which had said mothers and married students could be excused. It clarified that an attempted overruling in OAG 93-37 had cited the earlier opinion by the wrong number.

Currency note

This opinion was issued in 1997. 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

Student parents and schools

The question asked whether an earlier exemption for mothers caring for young children also applied to fathers. The AG answered that neither mothers nor fathers had such an exemption under KRS 159.030. It said the statute did not exempt married students either. The opinion placed any decision to create those exemptions with the General Assembly.

Earlier opinions

OAG 81-73 had recognized exemptions for mothers and married students that were absent from the statute. OAG 93-37 had tried to overrule that opinion but incorrectly identified it as OAG 81-79. OAG 97-26 removed the ambiguity by naming and overruling OAG 81-73 directly.

Common questions

Did giving birth excuse a Kentucky student from school attendance under this opinion?

No. The AG said the compulsory attendance statute contained no exemption for mothers caring for a child.

Did the AG reach the same conclusion for student fathers?

Yes. It said neither mother nor father was exempt from attending school after the child's birth.

Did the earlier opinion exempting mothers remain in effect?

No. OAG 97-26 explicitly overruled OAG 81-73 and said it no longer represented the office's view.

Background and statutory framework

The Fayette County Board of Education's general counsel asked about OAG 81-73's treatment of student mothers. The AG read the exemption list in KRS 159.030 and explained the mistaken opinion number in OAG 93-37. The result concerned the statute and opinions as discussed in 1997.

Citations and references

KRS 159.030: compulsory attendance exemptions.
OAG 81-73: earlier opinion expressly overruled here.
OAG 93-37: attempted overruling that identified OAG 81-73 by the wrong number.

Source

Original opinion text

OAG 97-26
August 8, 1997
Subject:

Whether mother caring for young child must attend
school

Requested by: Virginia W. Gregg, general counsel to Board of Education of Fayette County Written by:

Ross T. Carter

Syllabus:

Compulsory school attendance law does not except
mothers

Statutes construed:
OAGs cited:

KRS 159.030

OAG 81-73; OAG 93-37

Opinion of the Attorney General
In OAG 81-73 we said that mothers caring for a young child need
not attend school. We have been asked whether that exemption applies to fathers as well. We conclude that there is no exemption for either mothers or fathers and both must attend school after the birth of a child. KRS 159.030 lists exemptions from compulsory school attendance. In OAG 81-73 we created two exemptions that did not appear in the statute: for married students and for mothers.

OAG 97-26
Page 2

In OAG 93-37 we overruled OAG 81-73. Unfortunately that opinion was incorrectly referenced as OAG 81-79, leaving some doubt whether OAG 81-73 continued to represent the views of this office. In this opinion we say what we meant to say in OAG 93-37: that OAG 81-73 is overruled and does not in any respect represent the views of this office. There are no exemptions in KRS 159.030 for married students or for mothers; if such exemptions are desirable it is for the General Assembly, and not the Attorney General, to create them. A. B. Chandler III Attorney General

Ross T. Carter
Manager of the Opinions Branch

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