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New Kentucky school attendance law could have repercussions for families, including fines

Henderson High School Health Sciences Teacher Cynthia Nunn (left) greets kindergartners bringing their stuffed animals to the Teddy Bear Clinic, March 29.
File photo
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WNIN News
Henderson High School Health Sciences Teacher Cynthia Nunn (left) greets kindergartners bringing their stuffed animals to the Teddy Bear Clinic, March 29. Under a new Kentucky law, school staff must report when a student accrues 15 unexcused absences.

A new Kentucky law just went into effect which requires school employees to report unexcused absences to the county.

This is an update to Kentucky’s School Attendance Law.

Under the new law, the Director of Pupil Personnel will now be required to notify the County Attorney’s office by filing a petition when a student has 15 or more unexcused absences throughout the academic year.

Prior to this, directors of pupil personnel, like Kasey Farmer Wolfe with Henderson County Schools, had more flexibility with these reports.

It just gives us a hard and fast number, and doesn't give us discretion anymore,” she said. “And so, when a child's at 15 unexcused days, then we are required to file a petition of truancy or educational neglect against the child or the parent.”

Once the prosecutor’s office receives the petition it’s up to them to decide what to do.

Wolfe said there could be fines or community service imposed upon parents, or court appearances. However, she said they’d prefer to work with families instead.

“We've just had situations where families have a death in the same way, and they might get to that 15 threshold. It really just kind of takes the discretion away.”

She said she understands the point of the law is to encourage school attendance.

“Attendance is lower across the state of Kentucky, and in the United States Post-COVID,” she said. “And we've experienced that in Henderson County also.”

Wolfe added, “I do believe for some families, it will encourage their children to go to school.”

Under Kentucky law, when a student accrued three unexcused absences, they are considered a “truant,” Wolfe said. Any student that has been reported as a truant two times, is considered a habitual truant.

“So this (new law) has added the next step to that," Wolfe said.