Report Title:

Education; Kindergarten Entrance Age; Pre-Kindergartens

Description:

Changes the minimum age for entering kindergarten from age 5 by 12/31 to age 5 before 10/16 beginning with the 2005-2006 school year and age 5 before 8/1 beginning with the 2006-2007 school year; requires public schools provide pre-kindergarten programs within available resources; allows placement for kindergarten and pre-kindergarten outside school district. (SD1)

THE SENATE

S.B. NO.

17

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

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

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' birth dates 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. Comparisons between Hawaii students and students in other states on national achievement tests in later grades are likely to be more equitable if the entry age of Hawaii students is more closely aligned to that of most other states.

In light of these and other findings, the legislature believes that a change in the minimum age requirement for entrance to kindergarten will provide a more level playing field for 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 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 advance the cutoff date for kindergarten to October 16 beginning with the 2005-2006 school year and to August 1 beginning with the 2006-2007 school year, and to request the department of education to provide pre-kindergarten programs within available resources for those students not eligible for kindergarten due to the change in the age requirement.

SECTION 2. Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Pre-kindergarten" means an early education program for four-year old children based upon generally accepted child development theories and designed to enhance the development of physical, social, emotional, and intellectual skills necessary for student achievement in kindergarten through grade 12 formal education programs."

SECTION 3. Section 302A-411, Hawaii Revised Statutes, is amended to read as follows:

"§302A-411 Kindergartens; pre-kindergartens; establishment; attendance. (a) The department shall establish and maintain kindergartens and pre-kindergartens with a program of instruction as a part of the public school system; provided that attendance shall not be mandatory. [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.] The department may establish procedures and criteria to determine the psychological and physiological readiness of children for public school kindergarten and may grant an exception in the case of a child who is found to be ready for kindergarten. All teachers who teach kindergarten, first, or second grades, and principals of public elementary schools, shall enforce this section and require proof of age by birth certificates or certificates of registration, or if none can be obtained, then by satisfactory evidence.

(b) Beginning with the 2003-2004 school year, a child who will be at least five years of age before January 1 of the school year may attend a public school kindergarten.

Beginning with the 2005-2006 school year, a child who will be at least five years of age before October 16 of the school year may attend a public school kindergarten. The department shall provide, within available personnel and facilities, pre-kindergarten programs for those children who do not meet the October 16 age requirement for admittance into kindergarten.

Beginning with the 2006-2007 school year and thereafter, a child who will be at least five years of age before August 1 of the school year may attend a public school kindergarten. The department shall provide, within available personnel and facilities, pre-kindergarten programs for those children who do not meet the August 1 age requirement for admittance into public school kindergarten.

(c) The department may accept gifts to establish and maintain kindergartens[.] and pre-kindergartens, and shall offer available classrooms and related school facilities for public or privately operated pre-kindergartens. The department may offer pre-kindergarten services to families at public schools not within a family's public school district; provided that public school pre-kindergarten services are not available or not offered within that family's school district; and provided further that the family provides transportation of the child to and from the public school pre-kindergarten that the child attends."

SECTION 4. Section 302A-1131, Hawaii Revised Statutes, is repealed.

["[§302A-1131] Public schools; attendance. (a) Except as authorized by section 302A-411, no child shall attend any public school unless the child will be at least six years of age before January 1 of the school year; provided that:

(1) A child attending a school that convenes after the regular school schedule shall be six years of age on or before one hundred twenty-five days following the date the school shall convene; and

(2) The department may establish procedures and criteria to determine the psychological and physiological readiness of children for public school and may grant an exception in the case of a child who is found to be ready.

(b) All teachers who teach in the first and second grades and principals of public schools shall enforce this section and require proof of age by birth certificates or certificates of registration, or if none can be obtained, then by satisfactory evidence."]

SECTION 5. The department of education shall conduct an analyis of the projected cost-savings to the public schools and adverse impacts on public school personnel and facilities that will result from changing the age for entry into kindergarten beginning with the 2005-2006 school year, and mandating kindergarten attendance beginning with the 2006-2007 school year. The superintendent shall submit to the legislature, a report of the department's findings and recommendations, not later than twenty days prior to the convening of the 2004 regular session.

SECTION 6. It is the intent of the legislature that any cost-savings realized by the department due to changing the age requirement for kindergarten to October 16 beginning with the 2005-2006 school year, and to August 1 beginning with the 2006-2007 school year, be reallocated by the department to pre-kindergarten programs established pursuant to this Act.

The superintendent shall determine, based upon preliminary enrollment numbers, the projected amount of cost-savings to be realized in each school year and report those amounts to the legislature not later than March 1 of the regular sessions of 2005 and 2006, respectively.

SECTION 7. 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 have the first right of refusal regarding the teacher's former teaching position and shall be entitled to return to the teacher's former position within two years of being displaced; provided the size of the population in that grade level warrants the addition of another teacher. 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.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.