Digital Learning

Kentucky Online & Virtual Course Providers

Published: 8/6/2021 2:48 PM

Pupil Attendance Regulation Waiver Request (SY 2021-2022)

Districts may request a waiver to specific sections of the Pupil Attendance Regulation to allow for students (K-12) who are enrolled full-time in a virtual school, program or academy to be counted in attendance for the 2021-2022 school year.

This waiver request will allow districts to count students enrolled full-time in a virtual school to be considered “in-attendance” for purposes of recording daily attendance. Districts will continue to have the traditional “performance-based” virtual option for grades 5-12 through 704 KAR 3:305 (7) should they choose not to apply for the waiver. 

Since 704 KAR 3:305 does not permit performance-based courses Kindergarten through Fourth, this waiver becomes necessary if your district plans to offer a K-4 full-time virtual opportunity to students and families for school year 2021-2022. Districts can apply this waiver to just K-4 students but can include other grade levels in their full-time enrolled school, program or academy, as long as waiver assurances are met.

The waiver application window is currently open for new requests.

UPDATE | August 6th, 2021

Districts with a previously approved waiver request wishing to make revisions may do so through the same submission link below. A common example is the addition of grade levels. An updated PDF version of your waiver will be uploaded as part of the submission. The updates should include the date the local board of education was informed, consented, or approved the revision, all the grade levels the school, program or academy will now serve and appropriate signatures. Upon completion of the submission form, a confirmation email will follow to the email address used to complete the form. It will contain a PDF acknowledgement for your waiver records. Should any clarification or modifications be needed, a follow-up email or phone call will be made to the primary point of contact on the waiver form.

Waiver [PDF]

Waiver Submission Form 

For more information or questions, email David CookMarty Park, or Ben Maynard.

Kentucky Online & Virtual Course Providers


Telephone: 270-629-4185 

Corbin School of Innovation

Telephone: 606-528-1303

Jefferson County eSchool

Telephone: 502-485-7800

​Ben Maynard
Office of Education Technology
School Digital Readiness Services
300 Sower Blvd., 4th Floor
Frankfort, KY 40601
(502) 892-6328 
Fax (502) 564-1519

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