Request By:
Mr. Roscoe Porter, Director
Department of Pupil Personnel
Hopkins County Schools
537 West Arch Street
Madisonville, Kentucky 42431
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Robert L. Chenoweth, Deputy Attorney General
As the Director of Pupil Personnel of the Hopkins County Schools, you have asked the Office of the Attorney General if a child who will be six years old before October 1, may still be required to repeat the year of kindergarten if in the opinion of the kindergarten teacher, the child has not successfully completed the kindergarten program. We do not believe a school district can require a six year old child to repeat a kindergarten program.
In support of our conclusion, we reference KRS 158.030 which was noted by you. This school law provision says in pertinent part that a child who is six years of age by October 1, shall attend school as required by the state compulsory attendance law (KRS 159.010), or be lawfully exempted from attending school. Kentucky school law does not require a child to attend kindergarten. A child who is five years of age by October 1, " may enter a public school kindergarten." (Emphasis Added). KRS 158.030. Thus, we see no legal authority to support an argument that a six year old child can be required to complete kindergarten, irrespective of whether the child has participated in kindergarten before. Simply put, the six year old child by October 1, is entitled to commence their school career in the first grade.