HB 423

To amend Section 16-28-4, Code of Alabama 1975, relating to the minimum age for attendance at public schools; to require a child who is five years of age on or before September 1 to enroll in kindergarten; to provide for circumstances under which a child who is under five years of age on September 1 may be admitted to public kindergarten; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Section 16-28-4 of the Code of Alabama 1975, is amended to read as follows:

§16-28-4.

(a)(1) A child who is six years of age on or before December 31 or the date on which school begins in the enrolling district, and who has successfully completed public or nonpublic kindergarten, shall be entitled to admission to the first grade in the public elementary schools at the opening of such schools for that school year, or as soon as practicable thereafter. Successful completion of public or nonpublic kindergarten shall also be required before admission to the first grade under subdivisions (2) and (3) or any other provision of law.

(2) A child who is under six years of age on December 31 or the date on which school begins in the enrolling district shall not be entitled to admission to the first grade in the public elementary schools during that school year; except, that an underage child who transfers from the first grade of a school in another state may be admitted to school upon approval of the local board of education in authority, and an underage child who has moved into this state having completed or graduated from a mandated kindergarten program in another state shall be entitled to admission to the public elementary schools regardless of age.

(3) A child who becomes six years of age on or before February 1 may, on approval of the local board of education, may be admitted at the beginning of the second semester of that school year to schools in school systems having semiannual promotions of pupils.

(b)(1) A child who is five years of age on or before September 1 or the date on which school begins in the enrolling district December 31, shall be entitled to admission to the local public school kindergartens at the opening of such schools for that school year or as soon as practicable thereafter; a.

(2) A child who is under five years of age on September 1 or the date on which school begins in the enrolling district December 31, shall not be entitled to admission to such schools during that school year; except that, an underage child who transfers from the public school kindergarten in another state may be admitted to local public kindergarten on the prior approval of the local board of education on a space available basis. The aforementioned underage Underage children transferring from the public school kindergartens of another state, upon successful completion of the kindergarten in the local public or nonpublic schools, will shall then be allowed admission to the first grade of the local public schools.

(c) No public school system shall lose any teacher unit as a result of this section. The State Board of Education is authorized to shall adopt policies for local boards of education for the implementation of this section."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.