HB113ENROLLED
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HB113
EILG922-2
By Representatives Warren, Forte, Lawrence, McClammy, Gray,
Jackson, Drummond, Collins, Estes
RFD: Education Policy
First Read: 06-Feb-24
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First Read: 06-Feb-24
Enrolled, An Act,
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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-28-4 of the Code of Alabama 1975,
is amended to read as follows:
"ยง16-28-4
(a) A child who is six five years of age on or before
December 31 September 1 or the date on which school begins in
the enrolling district shall be entitled to admission to the
first grade kindergarten in the public elementary schools at
the opening of such schools for that school year or as soon as
practicable thereafter. 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
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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 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. A child who
becomes six years of age on or before February 1 may, on
approval of the local board of education, be admitted at the
beginning of the second semester of that school year to
schools in school systems having semiannual promotions of
pupils.
(b) An underage child may be admitted to public
kindergarten on approval of the local board of education, on a
space available basis, in either of the following
circumstances:
(1) The underage child transfers from a public
kindergarten in another state.
(2) The child will become five years of age between
September 1 and December 31, and the child satisfies certain
criteria that the local board of education may establish for
underage enrollment which, if adopted, shall include the
successful completion of an assessment to determine
developmental readiness for enrollment as provided in
subsection (g).
(b)(c) A child who is five years of age on or before
September 1 or successfully completes kindergarten by the date
on which school begins in the enrolling district shall be
entitled to admission to the first grade in the local public
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entitled to admission to the first grade in the local public
school kindergartens at the opening of such schools for that
school year or as soon as practicable thereafter ; a child who
is under five years of age on September 1 or the date on which
school begins in the enrolling district 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 children transferring from the public school
kindergartens of another state, upon successful completion of
the kindergarten in the local public schools, will then be
allowed admission to the first grade of the local public
schools.
(d) 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 not successfully completed
kindergarten, shall be entitled to admission to the first
grade in the local public school at the opening of schools for
that school year or as soon as practicable thereafter, as long
as the child demonstrates first grade entry readiness, as
determined by the State Board of Education, on an assessment
of essential development and physical skills as provided in
subsection (g), which shall be created by the State Department
of Education and approved by the State Board of Education. The
department shall publish information about essential first
grade readiness skills on its website. If a child does not
meet first grade readiness, as determined on the assessment
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meet first grade readiness, as determined on the assessment
approved by the State Board of Education and as provided in
subsection (g), the child shall be enrolled in kindergarten.
(e) An underage child, regardless of whether he or she
has successfully completed kindergarten or otherwise
demonstrates first grade readiness, may be admitted to the
public school first grade if the underage child transfers from
the first grade of a school in another state.
(f) Nothing in this section shall affect the
eligibility of students for special education services as
provided by federal and state law.
(g)(1)For the 2025-2026 school year, a student entering
first grade who has not completed kindergarten shall complete
the assessment at the beginning of the school year to
determine developmental readiness for enrollment. For this
initial year assessments, no student shall be prevented from
enrollment in the first grade based on his or her performance
on the assessment. During the second semester of the
first-grade year, students shall take an early years
assessment to identify any areas of deficiencies. Programs,
resources, and materials shall be made available to those
students who perform below standards on the assessment.
(2)For the 2026-2027 school year, a student entering
first grade who has not completed kindergarten shall complete
the assessment at the beginning of the school year to
determine developmental readiness for enrollment. During the
second semester of the first-grade year, students shall take
an early years assessment to identify any areas of
deficiencies. Programs, resources, and materials shall be made
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deficiencies. Programs, resources, and materials shall be made
available to those students who perform below standards of
assessment.
(c)(h) No public school system shall lose any teacher
unit as a result of this section. The State Board of Education
is authorized to adopt policies for local boards of education
for the implementation of this section."
Section 2. The State Department of Education shall
develop an informational campaign to promote kindergarten and
encourage parents of school-age students to enroll their
children in a kindergarten program. The campaign shall be
targeted, and priority shall be given to areas with the
largest number of students currently not enrolled in
kindergarten programs.
Section 3. The purpose or effect of this bill would be
to require a new or increased expenditure of local funds
within the meaning of Section 111.05 of the Constitution of
Alabama of 2022. If this bill is not enacted by a 2/3 vote, it
will not become effective with regard to a local board of
education unless approved by the local board of education or
until, and only as long as, the Legislature appropriates funds
or provides for a local source of revenue.
Section 4. This act shall become effective July 1,
2024.
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2024.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 22-Feb-24.
John Treadwell
Clerk
Senate 08-May-24 Amended and Passed
House 09-May-24 Concurred in Senate
Amendment
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