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S1344..........................................................by EDUCATION
SCHOOL DISTRICTS - Amends existing law to provide that school districts may
offer services to children under the minimum school age of five years; and
to specify conditions and limitations.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1344
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL AGE; AMENDING SECTION 33-201, IDAHO CODE, TO PROVIDE THAT
3 SCHOOL DISTRICTS MAY OFFER SERVICES TO CHILDREN UNDER THE MINIMUM SCHOOL
4 AGE OF FIVE YEARS, TO SPECIFY CONDITIONS AND LIMITATIONS AND TO MAKE TECH-
5 NICAL CHANGES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-201, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-201. SCHOOL AGE. (1) The services of the public schools of this state
10 are extended to any acceptable person of school age. "School age" is defined
11 as including all persons resident of the state, between the ages of five (5)
12 and twenty-one (21) years.
13 (a) For the purposes of this section, the age of five (5) years shall be
14 attained when the fifth anniversary of birth occurs on or before the first
15 day of September of the school year in which the child is to enroll in
16 kindergarten.
17 (b) For a child enrolling in the first grade, the age of six (6) years
18 must be reached on or before the first day of September of the school year
19 in which the child is to enroll.
20 (c) Any child of the age of five (5) years who has completed a private or
21 public out-of-state kindergarten for the required four hundred fifty (450)
22 hours but has not reached the "school age" requirement in Idaho shall be
23 allowed to enter the first grade.
24 (d) For resident children with disabilities who qualify for special edu-
25 cation and related services under the federal individuals with disabili-
26 ties education act (IDEA) and subsequent amendments thereto, and applica-
27 ble state and federal regulations, "school age" shall begin at the attain-
28 ment of age three (3) years and shall continue through the semester of
29 school in which the student attains the age of twenty-one (21) years.
30 (2) Notwithstanding the minimum school age as defined in subsection (1)
31 of this section, a school district may offer services to children under the
32 age of five (5) years; provided however, that no state educational support
33 program funds appropriated pursuant to chapter 10, title 33, Idaho Code, shall
34 be allocated to support such services. No school district shall be required to
35 establish a program of services for children under the age of five (5) years,
36 nor shall any child of such age be required to enroll in any such program. The
37 minimum school age for enrollment in kindergarten, as provided in subsection
38 (1) of this section, shall apply regardless of any child's participation in a
39 program of services for children under five (5) years of age.
STATEMENT OF PURPOSE
RS 15822
Currently the definition of "school age" has the effect
of excluding students who have not yet reached the age to
attend kindergarten. This amendment would allow school
districts to offer pre-school programs if they wish to do
so. The language makes it clear that no district is required
to offer pre-school, and no student is required to attend
preschool. There is no reference to pre-school age, which
would give districts the latitude to set their own age
requirements. The bill prohibits allocating any state funds
to districts for pre-school through the state foundation
program. Finally, attendance at a district-operated pre-
kindergarten or pre-school program does not qualify a
student to go to kindergarten unless the child has reached
the statutory age requirement of five years by September 1
of the kindergarten year.
FISCAL IMPACT NOTE
There will be no impact on the state s general fund
since this legislation specifically prohibits allocating any
money appropriated through the state foundation program to
school districts in support of pre-kindergarten programs. In
fact, the table of divisors for calculating the number of
support units for which a school district is eligible does
not include any reference to pre-kindergarten services, so
attendance at any public school pre-kindergarten program
will not generate any support units for the district.
CONTACT
Name: Senator John Andreason
Senator Mike Burkett
STATEMENT OF PURPOSE/FISCAL NOTE S 1344