15-821. Admission of children; required
age
A. Unless otherwise provided by article 1.1 of this chapter or by any other law,
all schools shall admit children who are between the ages of six and twenty-one years,
who reside in the school district and who meet the requirements for enrollment in one of
the grades or programs offered in the school. A school may refuse to admit a child who
has graduated from a high school with a recognized diploma.
B. If a preschool program for children with disabilities is maintained, a child is
eligible for admission as prescribed in section 15-771.
C. If a kindergarten program is maintained, a child is eligible for admission to
kindergarten if the child is five years of age. A child is deemed five years of age if
the child reaches the age of five before September 1 of the current school year. A child
is eligible for admission to first grade if the child is six years of age. A child is
deemed six years of age if the child reaches the age of six before September 1 of the
current school year. If a child who has not reached the age of five before September 1
of the current school year is admitted to kindergarten and is then readmitted to
kindergarten in the following school year, a school district or charter school is not
eligible to receive basic state aid on behalf of that child during the child's second
year of kindergarten. A school district or charter school may charge tuition for any
child who is ineligible for basic state aid pursuant to this subsection. The governing
board may admit children who have not reached the required age as prescribed by this
subsection if it is determined to be in the best interest of the children. For children
entering the first grade, such determination shall be based upon one or more
consultations with the parent, parents, guardian or guardians, the children, the teacher
and the school principal. Such children must reach the required age of five for
kindergarten and six for first grade by January 1 of the current school year.
D. Notwithstanding any other law, a child who resides with a family member other
than the child's parent while awaiting the outcome of a legal guardianship or custody
proceeding is deemed to reside in the school district where that family member resides if
the family member provides written documentary proof of one of the following:
1. The family member is attempting to obtain legal guardianship of the child in an
unresolved and uncontested guardianship proceeding commenced in superior court. The
family member shall provide documentation to the school district within thirty days of
enrollment that the family member is attempting to obtain legal guardianship of the
child. Upon obtaining legal guardianship, the family member shall provide documentation
to the school district.
2. The family member is attempting to obtain custody of the child in an unresolved
and uncontested child custody proceeding commenced in superior court. The family member
shall provide documentation to the school district within thirty days of enrollment that
the family member is attempting to obtain custody of the child. Upon obtaining custody,
the family member shall provide documentation to the school district.
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