- Enrollment in kindergarten and first grade - Nonresident tuition fee. A. All children between the ages of five (5) years on or before September 1 and twenty-one (21) years on or before September 1 shall be entitled to attend school free of charge in the district in which they reside. B. All children who are at least four (4) years of age but not more than five (5) years of age on or before September 1 and who have not attended a public school kindergarten shall be entitled to attend half-day or full-day early childhood programs at any public school in the state where such programs are offered; provided, no child shall be required to attend any early childhood education program. The following paragraphs shall govern early childhood programs: 1. Children who are at least four (4) years of age but not more than five (5) years of age on or before September 1 shall be entitled to attend either half-day or full-day early childhood programs in their district of residence free of charge as long as the district has the physical facilities and teaching personnel to accommodate the child. For purposes of calculation of State Aid, children in an early childhood education program shall be included in the average daily membership of the district providing the program; 2. A child who has not reached the age of five (5) years on or before September 1 and who resides in a district which does not offer an early childhood program shall be eligible for transfer to a district where an early childhood program is offered if the district that offers the early childhood program has the capacity to accept the child as provided for in the Education Open Transfer Act. A district offering early childhood programs may refuse to accept a nonresident child if the district does not have the capacity to accommodate the child in an early childhood education class, as provided for in the Education Open Transfer Act. If the child requesting the transfer has not reached the age of four (4) years on or before September 1, the district may refuse to accept the nonresident child if the district determines the child is not ready for an early childhood program. Children who are accepted in a program outside their district of residence as provided in this paragraph shall be included in the average daily membership of the district providing the program for State Aid funding subject to the State Aid formula weight limitations set forth in paragraph 1 of this subsection; and 3. The State Board of Education shall promulgate rules that create exemptions relating to the maximum age at which a child may attend half-day or full-day early childhood programs. C. No child shall be enrolled in kindergarten unless he or she will have reached the age of five (5) years on or before September 1 of the school year. No child shall be enrolled in the first grade unless he or she will have reached the age of six (6) years on or before September 1 of the school year. D. 1. No nonresident and nontransferred pupil shall be allowed to attend school in any school district unless a tuition fee equal to the per capita cost of education for a similar period in such district during the preceding year has been paid to the receiving district in advance yearly or by semester as determined by the district board of education of the receiving district. If the State Board of Education discovers that the attendance has been allowed without prior payment of the tuition fee in advance as required, no further payment of any State Aid funds shall be made to the district until the district has shown to the satisfaction of the State Board of Education that all tuition fees have been paid or that the pupil will no longer be allowed to attend school until the required tuition fee has been paid. 2. The provisions of paragraph 1 of this subsection shall not apply to a school district that enrolls nonresident students from a contiguous, out-of-state school district if the district: a. does not receive payment of any State Aid funds, and b. has a per-pupil expenditure, as defined by Section 1- 124 of this title, that is above the state average per-pupil expenditure. A nonresident student whose resident district, as determined by Section 1-113 of this title, is not within this state shall not be eligible for State Aid. No local funding associated with the nonresident student’s out-of-state resident district shall be allocated or transferred to the receiving school district. E. Any parent, guardian, person, or institution having care and custody of a child who pays ad valorem tax on real property in any other school district other than that in which that person resides may, with the approval of the receiving school district, enroll the child in any school district in which ad valorem tax is paid and receive a credit on the nonresident tuition fee equal to the amount of the ad valorem tax paid for school district purposes in the school district in which the child is enrolled. Provided, the credit shall not exceed the total amount required for the tuition payment. Added by Laws 1971, c. 281, § 1-114, eff. July 2, 1971. Amended by Laws 1972, c. 93, § 1; Laws 1974, c. 21, § 1; Laws 1979, c. 114, § 1; Laws 1979, c. 204, § 1, eff. July 1, 1979; Laws 1989, c. 335, § 6, eff. July 1, 1989; Laws 1989, 1st Ex. Sess., c. 2, § 15, emerg. eff. April 25, 1990; Laws 1990, c. 263, § 61, operative July 1, 1990; Laws 1992, c. 262, § 4, emerg. eff. May 22, 1992; Laws 1993, c. 333, § 1, eff. July 1, 1993; Laws 1994, c. 220, § 1, eff. July 1, 1994; Laws 1998, c. 204, § 1, eff. July 1, 1998; Laws 2016, c. 4, § 1, eff. Nov. 1, 2016; Laws 2024, c. 258, § 1, eff. July 1, 2024.
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