1 HB208
2 210044-6
3 By Representative Warren
4 RFD: Education Policy
5 First Read: 02-FEB-21
6 PFD: 01/29/2021
Page 0
1 ENGROSSED
2
3
4 A BILL
5 TO BE ENTITLED
6 AN ACT
7
8 To amend Section 16-28-4, Code of Alabama 1975,
9 relating to the minimum age for attendance at public schools;
10 to require a child who becomes six years of age between
11 September 1 and December 31 to complete kindergarten or
12 demonstrate first grade readiness before entering the first
13 grade; to provide for circumstances under which a child who is
14 under five years of age on September 1 may be admitted to
15 public kindergarten; and in connection therewith would have as
16 its purpose or effect the requirement of a new or increased
17 expenditure of local funds within the meaning of Amendment 621
18 of the Constitution of Alabama of 1901, now appearing as
19 Section 111.05 of the Official Recompilation of the
20 Constitution of Alabama of 1901, as amended.
21 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22 Section 1. Section 16-28-4 of the Code of Alabama
23 1975, is amended to read as follows:
24 "16-28-4.
25 "(a) A child who is six five years of age on or
26 before December 31 September 1 or the date on which school
27 begins in the enrolling district shall be entitled to
Page 1
1 admission to the first grade kindergarten in the public
2 elementary schools at the opening of such schools for that
3 school year or as soon as practicable thereafter. A child who
4 is under six years of age on December 31 or the date on which
5 school begins in the enrolling district shall not be entitled
6 to admission to the first grade in the public elementary
7 schools during that school year; except, that an underage
8 child who transfers from the first grade of a school in
9 another state may be admitted to school upon approval of the
10 board of education in authority, and an underage child who has
11 moved into this state having completed or graduated from a
12 mandated kindergarten program in another state shall be
13 entitled to admission to the public elementary schools
14 regardless of age. A child who becomes six years of age on or
15 before February 1 may, on approval of the local board of
16 education, be admitted at the beginning of the second semester
17 of that school year to schools in school systems having
18 semiannual promotions of pupils.
19 "(b) A child who is five becomes six years of age on
20 or before between September 1 and December 31, or by the date
21 on which school begins in the enrolling district, shall be
22 entitled to admission to the first grade in the local public
23 school kindergartens at the opening of such schools for that
24 school year or as soon as practicable thereafter; a child who
25 is under five years of age on September 1 or the date on which
26 school begins in the enrolling district shall not be entitled
27 to admission to such schools during that school year; except
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1 that, an underage child who transfers from the public school
2 kindergarten in another state may be admitted to local public
3 kindergarten on the prior approval of the local board of
4 education on a space available basis. The aforementioned
5 underage children transferring from the public school
6 kindergartens of another state, upon successful completion of
7 the kindergarten in the local public schools, will then be
8 allowed admission to the first grade of the local public
9 schools, as long as the child has successfully completed
10 kindergarten or has otherwise demonstrated first grade
11 readiness on a district approved assessment. kindergarten or
12 otherwise demonstrates first grade readiness with benchmark
13 scores, as determined by the State Department of Education, on
14 department approved early reading and math assessments, and
15 demonstrates first grade entry readiness, as determined by the
16 department, on a department approved assessment of essential
17 developmental writing and physical skills. The department
18 shall publish information about essential first grade
19 readiness skills on the Alabama Family Central, or successor,
20 website.
21 "(c) An underage child may be admitted to public
22 kindergarten, on approval of the local board of education on a
23 space available basis, in either of the following
24 circumstances:
25 "(1) The underage child transfers from a public
26 kindergarten in another state.
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1 "(2) The child will become five years of age between
2 September 1 and December 31, and the child satisfies certain
3 criteria that the local board of education may establish for
4 underage enrollment, which, if adopted, shall include the
5 successful completion of an assessment to determine
6 developmental readiness for enrollment.
7 "(d) An underage child may be admitted to public
8 first grade if the underage child transfers from the first
9 grade of a school in another state.
10 "(e) Nothing in this section shall affect the
11 eligibility of students for special education services as
12 provided by federal and state law.
13 "(c) (d)(f) No public school system shall lose any
14 teacher unit as a result of this section. The State Board of
15 Education is authorized to adopt policies for local boards of
16 education for the implementation of this section."
17 Section 2. This act shall become effective on the
18 first day of the third month, following its passage and
19 approval by the Governor, or its otherwise becoming law.
20 This act shall become effective immediately
21 following its passage and approval by the Governor, or its
22 otherwise becoming law.
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1
2
3 House of Representatives
4 Read for the first time and re-
5 ferred to the House of Representa-
6 tives committee on Education Policy
7 ................................... ....... 02-FEB-21
8
9 Read for the second time and placed
10 on the calendar with 1 substitute
11 and................................ ....... 10-FEB-21
12
13 Read for the third time and passed
14 as amended......................... ....... 23-FEB-21
15 Yeas 83, Nays 17, Abstains 0
16
17 Jeff Woodard
18 Clerk
19
Page 5
Statutes affected: Introduced: 16-28-4
Engrossed: 16-28-4