Alabama 2024 Regular Session

Alabama Senate Bill SB76 Compare Versions

Only one version of the bill is available at this time.

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1	1	SB76INTRODUCED
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3	3	SB76
4	4	UL2UDDD-1
5	5	By Senators Chesteen, Reed, Livingston, Price, Melson, Stutts
6	6	RFD: Education Policy
7	7	First Read: 07-Feb-24
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13	13	6 UL2UDDD-1 01/30/2024 KMS L cr 2024-416
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15	15	First Read: 07-Feb-24
16	16	Under existing law, a child who is six years of
17	17	age on or before December 31 is entitled to admission
18	18	to the first grade in the public elementary schools,
19	19	and a child who is five years of age on or before
20	20	September 1 is entitled to admission to the local
21	21	public school kindergartens.
22	22	This bill would allow a child who becomes six
23	23	years of age on or before December 31, or the date on
24	24	which school begins, to be admitted to the first grade,
25	25	as long as he or she has completed kindergarten or
26	26	otherwise demonstrates first grade readiness.
27	27	This bill would also provide for those
28	28	circumstances where an underage child may be admitted
29	29	to public school kindergarten.
30	30	Section 111.05 of the Constitution of Alabama
31	31	of 2022, prohibits a general law whose purpose or
32	32	effect would be to require a new or increased
33	33	expenditure of local funds from becoming effective with
34	34	regard to a local governmental entity without enactment
35	35	by a 2/3 vote unless: it comes within one of a number
36	36	of specified exceptions; it is approved by the affected
37	37	entity; or the Legislature appropriates funds, or
38	38	provides a local source of revenue, to the entity for
39	39	the purpose.
40	40	The purpose or effect of this bill would be to
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68	68	28 SB76 INTRODUCED
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70	70	The purpose or effect of this bill would be to
71	71	require a new or increased expenditure of local funds
72	72	within the meaning of the amendment. However, the bill
73	73	does not require approval of a local governmental
74	74	entity or enactment by a 2/3 vote to become effective
75	75	because it comes within one of the specified exceptions
76	76	contained in the amendment
77	77	A BILL
78	78	TO BE ENTITLED
79	79	AN ACT
80	80	To amend Section 16-28-4, Code of Alabama 1975,
81	81	relating to the minimum age for attendance at public schools;
82	82	to require a child to complete kindergarten or demonstrate
83	83	first grade readiness before entering the first grade; to
84	84	provide for circumstances under which a child who is under
85	85	five years of age on September 1 may be admitted to public
86	86	kindergarten; to provide for circumstances under which a child
87	87	who is under six years of age on December 31 may be admitted
88	88	to public school first grade; and in connection therewith
89	89	would have as its purpose or effect the requirement of a new
90	90	or increased expenditure of local funds within the meaning of
91	91	Section 111.05 of the Constitution of Alabama of 2022.
92	92	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
93	93	Section 1. Section 16-28-4 of the Code of Alabama 1975,
94	94	is amended to read as follows:
95	95	"§16-28-4
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123	123	56 SB76 INTRODUCED
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125	125	"§16-28-4
126	126	(a) A child who is six five years of age on or before
127	127	December 31 September 1 or the date on which school begins in
128	128	the enrolling district shall be entitled to admission to the
129	129	first grade kindergarten in the public elementary schools at
130	130	the opening of such schools for that school year or as soon as
131	131	practicable thereafter. A child who is under six years of age
132	132	on December 31 or the date on which school begins in the
133	133	enrolling district shall not be entitled to admission to the
134	134	first grade in the public elementary schools during that
135	135	school year; except, that an underage child who transfers from
136	136	the first grade of a school in another state may be admitted
137	137	to school upon approval of the board of education in
138	138	authority, and an underage child who has moved into this state
139	139	having completed or graduated from a mandated kindergarten
140	140	program in another state shall be entitled to admission to the
141	141	public elementary schools regardless of age. A child who
142	142	becomes six years of age on or before February 1 may, on
143	143	approval of the local board of education, be admitted at the
144	144	beginning of the second semester of that school year to
145	145	schools in school systems having semiannual promotions of
146	146	pupils.
147	147	(b) An underage child may be admitted to public
148	148	kindergarten on approval of the local board of education, on a
149	149	space available basis, in either of the following
150	150	circumstances:
151	151	(1) The underage child transfers from a public
152	152	kindergarten in another state.
153	153	(2) The child will become five years of age between
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183	183	(2) The child will become five years of age between
184	184	September 1 and December 31, and the child satisfies certain
185	185	criteria that the local board of education may establish for
186	186	underage enrollment which, if adopted, shall include the
187	187	successful completion of an assessment to determine
188	188	developmental readiness for enrollment.
189	189	(b)(c) A child who is five years of age on or before
190	190	September 1 or successfully completes kindergarten by the date
191	191	on which school begins in the enrolling district shall be
192	192	entitled to admission to the first grade in the local public
193	193	school kindergartens at the opening of such schools for that
194	194	school year or as soon as practicable thereafter ; a child who
195	195	is under five years of age on September 1 or the date on which
196	196	school begins in the enrolling district shall not be entitled
197	197	to admission to such schools during that school year; except
198	198	that, an underage child who transfers from the public school
199	199	kindergarten in another state may be admitted to local public
200	200	kindergarten on the prior approval of the local board of
201	201	education on a space available basis. The aforementioned
202	202	underage children transferring from the public school
203	203	kindergartens of another state, upon successful completion of
204	204	the kindergarten in the local public schools, will then be
205	205	allowed admission to the first grade of the local public
206	206	schools.
207	207	(d) A child who is six years of age on or before
208	208	December 31, or the date on which school begins in the
209	209	enrolling district, and who has not successfully completed
210	210	kindergarten, shall be entitled to admission to the first
211	211	grade in the local public school at the opening of schools for
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241	241	grade in the local public school at the opening of schools for
242	242	that school year or as soon as practicable thereafter, as long
243	243	as the child demonstrates first grade entry readiness, as
244	244	determined by the State Board of Education, on an assessment
245	245	of essential development and physical skills which shall be
246	246	created by the State Department of Education and approved by
247	247	the State Board of Education. The department shall publish
248	248	information about essential first grade readiness skills on
249	249	its website. If a child does not meet first grade readiness,
250	250	as determined on the assessment approved by the State Board of
251	251	Education, the child shall be enrolled in kindergarten.
252	252	(e) An underage child, regardless of whether he or she
253	253	has successfully completed kindergarten or otherwise
254	254	demonstrates first grade readiness, may be admitted to the
255	255	public school first grade if the underage child transfers from
256	256	the first grade of a school in another state.
257	257	(f) Nothing in this section shall affect the
258	258	eligibility of students for special education services as
259	259	provided by federal and state law.
260	260	(c)(g) No public school system shall lose any teacher
261	261	unit as a result of this section. The State Board of Education
262	262	is authorized to adopt policies for local boards of education
263	263	for the implementation of this section."
264	264	Section 2. The purpose or effect of this bill would be
265	265	to require a new or increased expenditure of local funds
266	266	within the meaning of Section 111.05 of the Constitution of
267	267	Alabama of 2022. If this bill is not enacted by a 2/3 vote, it
268	268	will not become effective with regard to a local board of
269	269	education unless approved by the local board of education or
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299	299	education unless approved by the local board of education or
300	300	until, and only as long as, the Legislature appropriates funds
301	301	or provides for a local source of revenue.
302	302	Section 3. This act shall become effective July 1,
303	303	2024.
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