§302A-411  Junior kindergarten andkindergarten program; establishment; attendance.  (a)  The department shallestablish and maintain junior kindergartens and kindergartens with a program ofinstruction as a part of the public school system; provided that:

(1)  Attendance shall not be mandatory; and

(2)  Charter schools shall be excluded from mandatoryparticipation in the program.

(b)  The department shall establish a two-tierjunior kindergarten and kindergarten program to support the range of developmentalabilities of children in junior kindergarten and kindergarten.  Schools shallnot move students between junior kindergarten and kindergarten, except in caseswhere the movement is warranted and based on appropriate assessments determinedby:

(1)  A qualified teacher with early childhoodeducation background or experience; and

(2)  The formative and summative assessment of astudent's academic, physical, social, and emotional abilities,

provided that, beginning with the 2010-2011 schoolyear, the department shall use successful assessment tools and protocols fordetermining a student's initial placement and for decision making about astudent's movement between tiers and into grade one.  Junior kindergartenstudents may graduate directly to grade one when promotion is based onappropriate assessments and other progress data collected over time.

(c)  Beginning with the 2004-2005 school year,a child who will be at least five years of age on or before December 31 of theschool year may attend a public school kindergarten.  Beginning with the 2006-2007 school year, a child who will beat least five years of age on or before August 1 of the school year may attenda public school kindergarten.  Beginning with the 2006-2007 school year, achild who will be at least five years of age after August 1 and before January1 of the school year may attend a public school junior kindergarten.

(d)  The department may accept gifts toestablish and maintain junior kindergartens and kindergartens. [L 1996, c 89,pt of §2; am L 1997, c 362, §1; am L 2004, c 219, §2; am L 2006, c 298, §9; amL 2009, c 194, §2]

 

Cross References

 

  Early childhood education facilities; identifying sites, see§302A-1506.5.