Request By:
Mr. Henry E. Pogue, Chairman
State Board for Elementary and
Secondary Education
Box 148
Fort Thomas, Kentucky 41075
Opinion
Opinion By: Robert F. Stephens Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
As the Chairman for the State Board for Elementary and Secondary Education you have asked the Office of the Attorney General for an advisory opinion on KRS 158.030 as amended in the 1978 regular session of the General Assembly. This statute establishes the ages children must reach before being eligible to enroll in one of our public common schools in either kindergarten or first grade. KRS 158.030, as amended, reads as follows:
"(1) A 'common school' is an elementary or secondary school of the state supported in whole or in part by public taxation. No school shall be deemed a 'common school' or receive support from public taxation unless the school is taught by a qualified teacher for a term of eight or more months during the school year and every child residing in the district who satisfies the age requirements of this Act has had the privilege of attending it. Provided, however, that any child who is six years of age or who may become six years of age by September 1, 1979, and any year thereafter, shall attend public school as provided by KRS 157.315 or qualify for an exemption as provided by KRS 159.030. Any child who is five (5) years of age or who may become five (5) years of age by September 1, 1979, and any year thereafter, may enter a public school kindergarten. Any child who has successfully completed kindergarten during the school year 1978-79 shall be eligible for enrollment in the first grade for the school year 1979-80 notwithstanding any other age requirements of this Act.
(2) The parent or legal guardian of any child who becomes five (5) years of age on or before December 31 may petition the state board of education to allow the child to enter kindergarten at the beginning of the school year in which the child becomes five (5).
(3) The parent or legal guardian of any child who becomes six (6) years of age on or before December 31 may petition the state board of education to allow the child to enter first grade at the beginning of the school year in which the child becomes six (6).
(4) The state board for elementary and secondary education shall establish procedures for consideration of such petitions including readiness testing and such other measures as may be deemed necessary."
You have asked this office to construe subsections (2) and (3) and especially subsection (4) as to the scope of the "procedures" to be established by the state board.
Subsections (2) and (3) are very plainly legislative exceptions to the rule as to the age at which children in Kentucky may enter public common school in either kindergarten or first grade. The parent or legal guardian must "petition" the State Board for Elementary and Secondary Education for permission to allow a child to enter school under the exception.
Subsection (4) sets forth the basis for developing the nexus between the "petitions" authorized in subsections (2) and (3) and the state board, the decision maker regarding those petitions. The General Assembly obviously realized the state board would not be able to pass upon whether a child was to be admitted early simply and solely upon the receipt of a petition which might say no more than something like "we want our child to be permitted to enter school although he (or she) will not turn five (or six) until sometime before December 31." The burden rests with the parent or legal guardian to exercise their discretion as to whether they want to prepare a petition that would serve as the first step in seeking to have their child enrolled for entry into school at an earlier than usual age. By like token we believe the burden of going forward and showing the state board that their child should be permitted to enroll early rests upon the parents. "Readiness testing and such other measures" accompanying the petition may serve this purpose. The exposure of their child to evaluative measures such as readiness tests in order to support the petition lies with the parents and at the cost of the parents; and, that the parents may reasonably be expected to pay for the requisites necessary for the state board to consider their petition for early enrollment of their child in a public common school does not run afoul of KRS 158.107 which prohibits the charging of fees. The "fee bill" is intended to apply to enrollment in a regular school program, not early entry into school. See OAG 78-835, copy attached.
The obligations set forth for the state board in subsection (4) is to "establish procedures for consideration " of the petitions and the supportive documents which may accompany the petition, including readiness test results and other such measures. We believe the state board may set forth in the "consideration" procedures the format of the petition, the type of supportive information going to the readiness of a child to enter school at an earlier age, when such information is to be received, the manner in which the early enrollment package is to be received, and the like. Since the General Assembly has put the tremendous burden upon the state board to pass judgment on whether a child is to be enrolled earlier than usual, we believe the state board has been given considerable latitude to establish procedures for when, what, where, etc., to aid and facilitate it in this task.