SLS 21RS-140 ORIGINAL 2021 Regular Session SENATE BILL NO. 10 BY SENATOR FIELDS Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. KINDERGARTEN. Provides for mandatory kindergarten attendance and requires compulsory school attendance beginning at age 5. (gov sig) 1 AN ACT 2 To amend and reenact R.S. 17:151.3, 221(A)(1), and 222, relative to compulsory school 3 attendance; to provide for mandatory attendance in kindergarten; to provide for 4 effectiveness; and to provide for related matters. 5 Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 17:151.3, 221(A)(1), and 222 are hereby amended and reenacted to 7 read as follows: 8 §151.3. Kindergarten; establishment; entrance age; first grade enrollment, 9 prerequisites 10 A. Beginning with the 1990-1991 school year and thereafter, each Each city, 11 and parish, and other local public school system board shall provide for and offer, 12 in every school having a first grade or in a parish kindergarten center, full-day 13 kindergarten instruction to each child who is eligible as provided in Subsection B of 14 this Section. 15 B.(1) The youngest age at which a child may enter kindergarten provided for 16 in Subsection A of this Section shall be one year younger than the age required for 17 that child to enter first grade as provided by R.S. 17:222(A) or, through the 1995- Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 10 SLS 21RS-140 ORIGINAL 1 1996 school year, one year younger than the age required by the city or parish school 2 board pursuant to R.S. 17:222(C)(1) who turns five years of age on or before 3 September thirtieth of the calendar year in which the school year begins. 4 (2)B. However, each city, and parish, and other local public school board, 5 by rule, may provide, for a child younger than the age prescribed by Paragraph (1) 6 of this Subsection (A) of this Section to enter kindergarten; provided that such the 7 child has been evaluated and identified as gifted in accordance with the regulations 8 of the state Department of Education for such evaluation. Notwithstanding the 9 provisions of R.S. 17:222(A) or (C), any A child admitted to kindergarten pursuant 10 to this Paragraph Subsection shall be eligible to enter first grade upon successful 11 completion of kindergarten; provided all other applicable entrance requirements have 12 been fulfilled. 13 C.(1)(a) Beginning with the 1991-1992 For the 2021-2022 school year and 14 thereafter, every , a child, as a prerequisite to enrollment in any the first grade of a 15 public school, shall have attended at least a full-day public or private kindergarten 16 for a full school year, or shall have satisfactorily passed an academic readiness 17 screening administered by the city, or parish, or other local public school system 18 board prior to the time of enrollment for in the first grade. Each city, or parish, or 19 other local public school system board shall establish the academic readiness level 20 for its entry into the first grade based on criteria established by the system. 21 (b) Beginning with the 2022-2023 school year, a child, as a prerequisite 22 to enrollment in the first grade of a public school, shall have attended a full-day 23 public or private kindergarten for a full school year, and shall have 24 satisfactorily passed an academic readiness screening administered by the city, 25 parish, or other local public school board prior to the time of enrollment in the 26 first grade. Each city, parish, or other local public school board shall establish 27 the academic readiness level for entry into the first grade. 28 (2) Beginning with the 1991-1992 school year and thereafter, any A child 29 transferring into the first grade of a public school from out of state and not meeting Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 10 SLS 21RS-140 ORIGINAL 1 who does not meet the requirements herein as provided in Paragraph (1) of this 2 Subsection for kindergarten attendance, shall be required to satisfactorily pass an 3 academic readiness screening administered by the city, or parish, or other local 4 public school system board prior to the time of enrollment for the first grade. 5 (3) Beginning with the 1991-1992 school year and thereafter, any A child not 6 able to meet the kindergarten attendance requirements of this Section as provided 7 in Paragraph (1) of this Subsection due to illness or extraordinary, extenuating 8 circumstances as determined by the city, or parish, or other local public school 9 board, shall be required to satisfactorily pass an academic readiness screening 10 administered by the city, or parish, or other local public school system board prior 11 to the time of enrollment for the first grade. 12 D.(1) Every parent, tutor, or other person having control or charge For the 13 2021-2022 school year, the parent or legal guardian of a child who is eligible, as 14 provided in Subsection B A of this Section, to attend full-day kindergarten for the 15 1990-1991 school year or thereafter, as a prerequisite to enrollment in any first grade 16 of a public school, shall send such the child, beginning with the 1990-1991 school 17 year, to attend public or private full-day kindergarten when such instruction is 18 offered in the public schools, or insure that such the child is administered an 19 academic readiness screening as provided in Subsection C of this Section prior to the 20 time established in R.S. 17:222 for the child to enter first grade. 21 (2) Beginning with the 2022-2023 school year, the parent or legal 22 guardian of a child who is eligible, as provided in Subsection A of this Section, 23 to attend full-day kindergarten shall send the child to a public or private 24 kindergarten in accordance with R.S. 17:221. 25 * * * 26 §221. School attendance; compulsory ages; duty of parents; excessive absences; 27 condition for driving privileges 28 A.(1)(a) Every parent, tutor, or other person For the 2021-2022 school year, 29 the parent or legal guardian of a child who is age seven through eighteen and Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 10 SLS 21RS-140 ORIGINAL 1 residing within the state of Louisiana having control or charge of any child from that 2 child's seventh birthday until his eighteenth birthday shall send such the child to a 3 public or private day school, unless the child graduates from high school prior to his 4 eighteenth birthday. Any A child below the age of seven who legally enrolls in 5 school shall also be subject to the provisions of this Subpart. 6 (b) Beginning with the 2022-2023 school year, the parent or legal 7 guardian of a child who resides in Louisiana and who is age five by September 8 thirtieth of the calendar year in which the school year begins through eighteen 9 shall send the child to a public or private school, unless the child graduates from 10 high school prior to his eighteenth birthday. A child below the age of five who 11 legally enrolls in school shall also be subject to the provisions of this Subpart. 12 (c) Every parent, tutor, or other person responsible for sending a child to a 13 public or private day school under provisions of this Subpart The parent or legal 14 guardian of the child shall also assure the attendance of such the child in regularly 15 assigned classes during regular school hours established by the school board and 16 shall assure that such the child is not habitually tardy from school pursuant to the 17 provisions of R.S. 17:233. 18 * * * 19 §222. Age of school School entrance; proof of age, race, and parentage required; 20 exceptions 21 A. The age at which a child may enter the first grade of any public school at 22 the beginning of the public school session shall be six years on or before September 23 thirtieth of the calendar year in which the school year begins. 24 B.(1) All children upon entering a parish or city school system public or 25 private school in the state of Louisiana for the first time shall be required to present 26 a copy of their official birth record to the school principal. A short-form birth 27 certification card shall be acceptable as a copy of an official birth record. Only 28 records from the local or state registrar of vital statistics will be accepted for children 29 born in Louisiana. Birth verification forms issued by the local registrar of the parish Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 10 SLS 21RS-140 ORIGINAL 1 of birth shall be valid and acceptable for entry into the parish or city schools or 2 private schools. 3 (2)(B)(1) Children born in Louisiana will be given a fifteen day grace period 4 to secure a copy of their birth record. Children born out of this state will be given 5 thirty days grace in which to produce a copy of their birth record. 6 (3)(2) In cases where birth certificates and/or birth verification forms cannot 7 be obtained, the school principal may accept whatever positive proof of age, race, 8 and parentage is available. It shall be left to the discretion of the parish or city 9 superintendent of schools, subject to the authority of the school board, as to whether 10 or not a child shall continue in school upon failure to comply herewith. 11 C.(1) Notwithstanding the provisions of Subsections A and B of this Section, 12 the parish school boards in Jefferson and Orleans parishes may adopt, by rule, and 13 enforce ages for entrance into first grade in the schools in their systems which vary 14 from the provisions of this Section. All children admitted into school as a result of 15 a rule adopted pursuant to this Subsection shall be counted in reports submitted for 16 funding under the Minimum Foundation Program and money allocated pursuant to 17 such program shall be based on the report which includes such children. 18 (2) The provisions of this Subsection shall become null and void on 19 June 30, 2022. 20 Section 2. This Act shall become effective upon signature by the governor or, if not 21 signed by the governor, upon expiration of the time for bills to become law without signature 22 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 23 vetoed by the governor and subsequently approved by the legislature, this Act shall become 24 effective on the day following such approval. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cheryl Serrett. DIGEST SB 10 Original 2021 Regular Session Fields Present law (R.S. 17:151.3) requires public school systems to provide for and offer full-day kindergarten and establishes the minimum age for entrance into kindergarten as one year younger than the minimum age for entering first grade, which is six years old on or before Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 10 SLS 21RS-140 ORIGINAL Sept. 30th. Also requires that prior to entering first grade that a child must have either attended a full-day kindergarten or have passed an academic readiness screening established by the local school system. Requires parents and legal guardians to send a child to kindergarten or ensure that the child is administered a readiness screening prior to the child entering first grade. Proposed law requires, beginning with the 2022-2023 school year, a child who turns five years of age on or before Sept. 30th to attend full-day kindergarten and to pass a readiness assessment prior to entering first grade. Present law (R.S. 17:221) requires compulsory school attendance for children ages 7 through 18, unless the child graduates from high school prior to his 18th birthday. Proposed law provides, beginning with the 2022-2023 school year, that compulsory school attendance begins the year during which a child turns 5 on or before September 30th. Present law (R.S. 17:222) provides that the minimum age that a child may enter first grade of any public school is six years of age on or before Sept. 30th of the calendar year in which the school year begins. Allows the Jefferson and Orleans Parish School Boards to set by rule a different minimum age for first grade entrance. Present law also requires proof of age, race, and parentage. Proposed law removes the minimum age threshold for entry into the first grade. Provides that the provisions of present law that allows Jefferson and Orleans Parishes to establish different entry standards shall become null and void on June 30, 2022. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 17:151.3, 221(A)(1), and 222) Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.