Report Title:

Kindergarten Entrance; Minimum Age Requirement

Description:

Requires a child to be at least 5 years old on or before 12/31 of the school year in order to attend kindergarten, regardless of when the school convenes. Changes minimum age requirement for kindergarten entrance to October 1 for 2006-2007 school year and July 1 for 2007-2008 school year.

HOUSE OF REPRESENTATIVES

H.B. NO.

335

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO EDUCATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

Part I

SECTION 1. The legislature finds that studies nationally and locally have found substantial differences between "older" students and "younger" students within a grade, in terms of their performance and ability. Additional data relating to students' birthdates and specific learning disabilities have been analyzed locally. Analysis of March 1998 statewide data indicated a correlation between birth month and learning disability certification. It was found that a disproportionate number of those born in the latter half of the calendar year (July through December) were classified as learning disabled. Students at greatest risk are boys born between July and December. They account for a disproportionate number of students who are retained at their present grade level, have school adjustment problems, or are certified as learning disabled.

In light of these and other findings, the legislature believes that a change in the minimum age requirement for entrance to kindergarten can provide a more level playing field for those students born in the latter half of the calendar year. The temporary inconvenience or disruption to some parents and the education system must be weighed against the potential long term benefit to the child and the cost savings to society that will result as enrollment in special education and other remedial programs decline. The legislature further finds that, in the long run, changing the kindergarten entrance age will prove to be sound public policy that will result in the most good for the majority of the general public.

Accordingly, the purpose of this Act is to change the cutoff date for kindergarten to October 1 beginning with the 2006-2007 school year, and to July 1 beginning with the 2007-2008 school year. This Act also intends that the funds saved by the reduction of teachers for school years 2006-2007 and 2007-2008 be transferred to the department of human services for the sole purpose of expanding the open doors program, to accommodate parents who meet open doors criteria for those children held back from kindergarten during the first two years of the Act's implementation.

SECTION 2. Section 302A-411, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department shall establish and maintain kindergartens with a program of instruction as a part of the public school system; provided that attendance shall not be mandatory. [No] A child's age in order to attend kindergarten shall be as follows:

(1) Until the end of the 2005-2006 school year, no child shall attend any kindergarten unless the child will be at least five years of age on or before December 31 of the school year; [provided that a child attending a school that convenes after the regular school schedule shall be five years of age on or before one hundred twenty-five days following the date the school convenes; and provided further that the board shall develop informational guidance to promote the understanding of a child's readiness for kindergarten.]

(2) Beginning with the 2006-2007 school year, no child shall attend any kindergarten unless the child will be at least five years of age on or before October 1 of the school year; provided that a child attending a school that convenes before the regular school schedule shall be five years of age on or before October 1; and

(3) Beginning with the 2007-2008 school year, no child shall attend any kindergarten unless the child will be at least five years of age on or before July 1 of the school year; provided that a child attending a school that convenes before the regular school schedule shall be five years of age on or before July 1."

Part II

SECTION 3. It is the intent of the legislature that the cost savings created by changing the cutoff date for kindergarten to October 1 beginning with the 2006-2007 school year, and to July 1 beginning with the 2007-2008 school year, be utilized solely for the expansion of the open doors program within the department of human services. The director of finance shall determine the amounts of savings realized and report those amounts to the legislature not later than sixty days prior to the convening of the regular sessions of 2007 and 2008, respectively.

SECTION 4. Notwithstanding section 89-19, Hawaii Revised Statutes, or any collective bargaining agreement to the contrary, a tenured classroom teacher who is displaced as a result of this Act shall be entitled to return to the teacher's former position within two years of being displaced. In the event of a conflict between this section and section 89-19, Hawaii Revised Statutes, or any collective bargaining agreement, this section shall control.

Part III

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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