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HB43 Alabama 2023 Session

Updated Feb 22, 2026
Notable

Summary

Session
Regular Session 2023
Title
To amend Section 16-28-4, Code of Alabama 1975, relating to the minimum age for attendance at public schools; to require a child to complete kindergarten or demonstrate first grade readiness before entering the first grade; to provide for circumstances under which a child who is under five years of age on September 1 may be admitted to public kindergarten; to provide for circumstances under which a child who is under six years of age on December 31 may be admitted to public school first grade; 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 Section 111.05 of the Constitution of Alabama of 2022.
Summary

HB43 changes when children can start kindergarten or first grade by tying entry to kindergarten completion or readiness, with new rules for younger and underage students and local funding considerations.

What This Bill Does

If enacted, HB43 would let a child who turns six between September 1 and December 31 enter first grade after completing kindergarten or showing first-grade readiness. It also allows certain under-five children on September 1 to enroll in public kindergarten under local board approval and readiness criteria, and it provides a process for underage children who become six by February 1 to start the second semester in districts with semiannual promotions. The bill sets up a State Board–approved readiness assessment, requires the Department of Education to publish readiness information, and grants transfer rules for children moving from other states. It also preserves special education rights, teacher units, and notes a local funding impact.

Who It Affects
  • Students and families with children ages 5–6 who are navigating kindergarten and first-grade entry requirements and readiness assessments.
  • Local boards of education and school districts, which would approve underage admissions, implement the readiness assessment, publish the readiness criteria online, and manage any local funding implications.
Key Provisions
  • Allows a child who becomes six between September 1 and December 31 to enter first grade if they have completed kindergarten or demonstrate first-grade readiness.
  • Maintains five-year-olds on or before September 1 (or the district start date) eligibility for kindergarten; under certain conditions, underage children may be admitted to kindergarten with local board approval and readiness criteria.
  • Permits a child who becomes six by February 1 to be admitted at the beginning of the second semester in districts with semiannual promotions, subject to local board approval.
  • For a child who is six on or before December 31 and has not completed kindergarten, admission to first grade is allowed if the child demonstrates first-grade readiness per a State Board–approved assessment; the Department must publish these readiness criteria online.
  • An underage child may be admitted to first grade if transferring from the first grade of a school in another state, regardless of readiness.
  • Underage children transferring from another state's public kindergarten may be admitted to local public kindergarten on space-available basis with local board approval.
  • If a child transfers from another state’s kindergarten and completes local kindergarten, they may then be admitted to first grade in the local public schools.
  • The bill requires readiness assessment results to determine readiness and directs the Department to publish essential first-grade readiness skills online.
  • No public school system would lose teacher units due to this section; the State Board may adopt policies to implement the section.
  • The bill notes a local-funding impact under Section 111.05 of the Alabama Constitution and includes exceptions allowing implementation without 2/3 vote if applicable; effective date is the first day of the third month after passage and governor approval.
AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Education, public K-12 schools, require a child to successfully complete kindergarten before being admitted to the first grade

Bill Actions

S

Read Second Time in Second House

S

Reported Out of Committee in Second House

S

Reported Favorably from Senate Education Policy

S

Referred to Committee to Senate Education Policy

H

Read First Time in Second House

H

Read a Third Time and Pass

H

Adopt 3OCSZZ-1

H

Adopt YDQE22-1

H

On Third Reading in House of Origin

H

Read Second Time in House of Origin

H

Reported Out of Committee in House of Origin

H

Amendment/Substitute by House Education Policy YDQE22-1

H

Reported Favorably from House Education Policy

H

Amendment/Substitute by House Education Policy R5JSNY-1

H

Introduced and Referred to House Education Policy

H

Prefiled

Calendar

Hearing

Senate Education Policy Hearing

Finance and Taxation at 11:00:00

Hearing

Senate Education Policy Hearing

Finance and Taxation at 09:30:00

Hearing

House Education Policy Hearing

Room 206 at 13:30:00

Bill Text

Votes

Read a Third Time and Pass

April 18, 2023 House Passed
Yes 87
No 12
Abstained 1
Absent 5

Documents

Source: Alabama Legislature