SB76INTRODUCED
Page 0
SB76
UL2UDDD-1
By Senators Chesteen, Reed, Livingston, Price, Melson, Stutts
RFD: Education Policy
First Read: 07-Feb-24
1
2
3
4
5
6 UL2UDDD-1 01/30/2024 KMS L cr 2024-416
Page 2
First Read: 07-Feb-24
Under existing law, a child who is six years of
age on or before December 31 is entitled to admission
to the first grade in the public elementary schools,
and a child who is five years of age on or before
September 1 is entitled to admission to the local
public school kindergartens.
This bill would allow a child who becomes six
years of age on or before December 31, or the date on
which school begins, to be admitted to the first grade,
as long as he or she has completed kindergarten or
otherwise demonstrates first grade readiness.
This bill would also provide for those
circumstances where an underage child may be admitted
to public school kindergarten.
Section 111.05 of the Constitution of Alabama
of 2022, prohibits a general law whose purpose or
effect would be to require a new or increased
expenditure of local funds from becoming effective with
regard to a local governmental entity without enactment
by a 2/3 vote unless: it comes within one of a number
of specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB76 INTRODUCED
Page 3
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment
A BILL
TO BE ENTITLED
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:
"§16-28-4
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB76 INTRODUCED
Page 4
"§16-28-4
(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
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
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB76 INTRODUCED
Page 5
(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.
(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
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
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB76 INTRODUCED
Page 6
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 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 approved by the State Board of
Education, 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.
(c)(g) 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 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
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 SB76 INTRODUCED
Page 7
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 3. This act shall become effective July 1,
2024.
141
142
143
144