Request By:
Ms. Marjorie Templeton
Assistant Superintendent
Pupil Personnel Services
Fort Thomas City Schools
2356 Memorial Parkway
Fort Thomas, Kentucky 41075
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Robert L. Chenoweth, Assistant Deputy Attorney General and Chief Counsel
You have asked the Office of the Attorney General for assistance regarding a matter involving kindergarten students. Your concern relates to the retention of kindergarten students. You referenced a prior opinion of this office, OAG 81-287. In that opinion we concluded:
"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. "
Your question is whether a kindergarten student may be retained in kindergarten if the parents and school officials feel such retention would be in the best interest of the child. We believe the answer to your question is most definitely in the affirmative.
In OAG 81-287 all that we concluded is that since Kentucky school law lacks a requirement that a child must attend kindergarten, we did not believe a school district could require a child old enough to enroll in first grade to enroll in kindergarten. However, we believe that a parent may hold their child back a year and initially enroll their child in the kindergarten program even though the child will qualify under KRS 158.030 to enter first grade. We also believe the child who has been in kindergarten may be retained in that level for a second year with parental consent. Absent parental consent, "the six year old child by October 1, is entitled to commence their school career in the first grade. "