Introduced Version






HOUSE BILL No. 1487

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-8.1-3-17 .

Synopsis: Kindergarten enrollment date. Provides that a child must be at least five years of age on the following dates to officially enroll for a school year in a school corporation's kindergarten program: (1) August 1 of the 2004-2005 school year. (2) September 1 of the 2005-2006 school year or any subsequent school year. (Current law provides that a child must be at least five years of age on July 1.) Instead of requiring an appeals procedure, allows a school corporation to adopt an appeals procedure for a parent who wishes to enroll a child who is not at least five years of age on the statutory date in kindergarten.

Effective: July 1, 2003.





Welch




    January 15, 2003, read first time and referred to Committee on Ways and Means.







Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1487



    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-8.1-3-17; (03)IN1487.1.1. -->     SECTION 1. IC 20-8.1-3-17 , AS AMENDED BY P.L.291-2001, SECTION 111, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 17. (a) Subject to the specific exceptions under this chapter, each individual shall attend either a public school which the individual is entitled to attend under IC 20-8.1-6.1 or some other school which is taught in the English language.
    (b) An individual is bound by the requirements of this chapter from the earlier of the date on which the individual officially enrolls in a school or, except as provided in subsection (h), the beginning of the fall school term for the school year in which the individual becomes seven (7) years of age until the date on which the individual:
        (1) graduates;
        (2) reaches at least sixteen (16) years of age but who is less than eighteen (18) years of age and the requirements under subsection (j) concerning an exit interview are met enabling the individual to withdraw from school before graduation; or
        (3) reaches at least eighteen (18) years of age;
whichever occurs first.
    (c) An individual who:
        (1) enrolls in school before the fall school term for the school year in which the individual becomes seven (7) years of age; and
        (2) is withdrawn from school before the school year described in subdivision (1) occurs;
is not subject to the requirements of this chapter until the individual is reenrolled as required in subsection (b). Nothing in this section shall be construed to require that a child complete grade 1 before the child reaches eight (8) years of age.
    (d) An individual for whom education is compulsory under this section shall attend school each year:
        (1) for the number of days public schools are in session in the school corporation in which the individual is enrolled in Indiana; or
        (2) if the individual is enrolled outside Indiana, for the number of days the public schools are in session where the individual is enrolled.
    (e) In addition to the requirements of subsections (a) through (d), an individual must be at least five (5) years of age on:
         (1) July 1 of the 2001-2002 2003-2004 school year;
         (2) August 1 of the 2004-2005 school year; or
        (3) September 1 of the 2005-2006 school year
or any subsequent school year;
to officially enroll in a kindergarten program offered by a school corporation. However, subject to subsection (g), the governing body of the school corporation shall may adopt a procedure affording a parent of an individual who does not meet the minimum age requirement set forth in this subsection the right to appeal to the superintendent of the school corporation for enrollment of the individual in kindergarten at an age earlier than the age that is set forth in this subsection.
    (f) In addition to the requirements of subsections (a) through (e), and subject to subsection (g), if an individual enrolls in school as permitted under subsection (b) and has not attended kindergarten, the superintendent of the school corporation shall make a determination as to whether the individual shall enroll in kindergarten or grade 1 based on the particular model assessment adopted by the governing body under subsection (g).
    (g) To assist the principal and governing bodies, the department shall do the following:
        (1) Establish guidelines to assist each governing body in

establishing a procedure for making appeals to the superintendent of the school corporation under subsection (e).
        (2) Establish criteria by which a governing body may adopt a model assessment which will be utilized in making the determination under subsection (f).
    (h) If the parents of an individual who would otherwise be subject to compulsory school attendance under subsection (b), upon request of the superintendent of the school corporation, certify to the superintendent of the school corporation that the parents intend to:
        (1) enroll the individual in a nonaccredited, nonpublic school; or
        (2) begin providing the individual with instruction equivalent to that given in the public schools as permitted under section 34 of this chapter;
not later than the date on which the individual reaches seven (7) years of age, the individual is not bound by the requirements of this chapter until the individual reaches seven (7) years of age.
    (i) The governing body of each school corporation shall designate the appropriate employees of the school corporation to conduct the exit interviews for students described in subsection (b)(2). Each exit interview must be personally attended by:
        (1) the student's parent or guardian;
        (2) the student;
        (3) each designated appropriate school employee; and
        (4) the student's principal.
    (j) A student who is at least sixteen (16) years of age but less than eighteen (18) years of age is bound by the requirements of compulsory school attendance and may not withdraw from school before graduation unless:
        (1) the student, the student's parent or guardian, and the principal agree to the withdrawal; and
        (2) at the exit interview, the student provides written acknowledgment of the withdrawal and the student's parent or guardian and the school principal each provide written consent for the student to withdraw from school.
    (k) For the purposes of this section, "school year" has the meaning set forth in IC 21-2-12-3 (h).