HB 43 — 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.

HB43 INTRODUCEDENGROSSED QNUQ41-1QNUQ41-2 By Representative Warren RFD:

23-Feb-23 Page 0 QNUQ41-1HB43 01/23/2023Engrossed KMS2 (L)4 cr6 2023-91A 2BILL 4TO SYNOPSIS:BE ENTITLED AN ACT To amend Section 16-28-4, Code of Alabama 1975, relating to the minimum age for attendance at public schools;

Underto existingrequire law, a child whoto iscomplete sixkindergarten years of age on or beforedemonstrate December 31 is entitled to admission to the first grade inreadiness the public elementary schools, and a child who is five years of age on or before Septemberentering 1 is entitled to admission to the localfirst publicgrade; school kindergartens.

This bill would allow a child who becomes six years of age between September 1 and December 31 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 a child under five years of age on September 1 may be admitted to public 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.

Page 1 HB43 INTRODUCED 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 who becomes six years of age between September 1 and December 31 to complete kindergarten or demonstrate first grade readiness before entering the first grade;

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;

"§16-28-4 Page 2 HB43 INTRODUCED (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 Page 1 HB43 Engrossed first grade kindergarten in the public elementary schools at the opening of such schools for that school year or as soon as practicable thereafter.

(b) AAn underage child whomay is five becomes six years of age on or before between September 1 and December 31, or by the date on which school begins in the enrolling district, shall be entitledadmitted to admissionpublic tokindergarten theon firstapproval gradeof in the local publicboard school kindergartens at the opening of sucheducation, schoolson fora thatspace schoolavailable yearbasis, orin aseither soonof asthe practicablefollowing thereafter;circumstances:

a(1) childThe whounderage ischild undertransfers fivefrom yearsa ofpublic agekindergarten on September 1 or the date on which Page 3 HB43 INTRODUCED school begins in theanother enrollingstate. district shall not be entitled to admission to such schools during that school year;

(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 Page 2 HB43 Engrossed 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;

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 95 schools.

as(d) longA aschild who is six years of age on or before December 31, or the childdate on which school begins in the enrolling district, and who has not successfully completed kindergartenkindergarten, shall be entitled to admission to the first grade in the local public school at the opening of schools for that school year or otherwiseas 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 Page 3 HB43 Engrossed of essential developmentaldevelopment and physical skills which shall be created by the State Department of Education and approved by the State Board of Education.

(c)If Ana underage child maydoes benot admittedmeet tofirst publicgrade kindergarten,readiness, onas approvaldetermined ofon the localassessment boardapproved ofby educationthe onState aBoard spaceof availableEducation, basis,the inchild eithershall ofenroll thein followingkindergarten. circumstances:

(1)(e) TheAn underage child, regardless of whether he or she has successfully completed kindergarten or otherwise demonstrates first grade readiness, may be admitted to the 95 public school first grade if the underage child transfers from athe publicfirst kindergartengrade of a school in another state.

(2)(f) TheNothing childin willthis becomesection fiveshall yearsaffect of age between September 1 and December 31, and the childeligibility satisfies certain criteria that the local board of educationstudents may establish for underagespecial enrollment,education which,services ifas adopted,provided shallby includefederal theand Pagestate 4law. HB43 INTRODUCED successful completion of an assessment to determine developmental readiness for enrollment.

(d)(c)(g) AnNo underage child may be admitted to public firstschool gradesystem ifshall thelose underageany childteacher transfersunit fromas thea firstresult grade of athis schoolsection. in another state.

(e) Nothing in this section shall affect the eligibility of students for special education services as provided by federal and state law.

(c)(f) No public school system shall lose any teacher unit as a result of this section.

ThisThe actpurpose shallor becomeeffect effectiveof onthis thebill firstwould daybe ofto therequire thirda monthnew followingor itsincreased passageexpenditure andof approvallocal byfunds within the Governor,meaning orof itsSection otherwise111.05 becomingof law.the Constitution of Alabama of 2022.

PageIf 5this 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 3.

This act shall become effective on the first Page 4 HB43 Engrossed day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Page 5 HB43 Engrossed House of Representatives Read for the first time and referred ................23-Feb-23 to the House of Representatives committee on Education Policy Read for the second time and placed ................05-Apr-23 on the calendar:

0 amendments Read for the third time and passed ................18-Apr-23 as amended Yeas 87 Nays 12 Abstains 1 John Treadwell Clerk Page 6