CHAPTER 315

FORMERLY

HOUSE BILL NO. 443

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND DELAWARE CODE, TITLE 14 IN ORDER TO MANDATE THE OFFERING OF KINDERGARTEN IN ALL SCHOOL DISTRICTS AND REQUIRING ATTENDANCE OF ALL CHILDREN AT A KINDERGARTEN PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §202(a), Chapter 2, Title 14, Delaware Code by deleting from that subsection the words "between the ages of 6 and 21 years" and inserting in lieu thereof the words "age five years through twenty years inclusive".

Section 2. Amend §202(b), Chapter 2, Title 14, Delaware Code by deleting from that subsection the number "6" in any instance where it occurs and inserting in lieu thereof the number "5" in each such instance.

Section 3. Amend §204, Chapter 2, Title 14, Delaware Code by deleting the sentence of that section and inserting in lieu thereof the following:

"'The State Board of Education shall establish kindergartens in the public school districts of the State and the State Board of Education or the board of education of a reorganized school district may establish playgrounds and such other types of schools or educational institutions as in its Judgment will promote the educational interests of the State."

Section 4. Amend §1703(c), Chapter 17, Title 14, Delaware Code by deleting the paragraph of that subsection beginning with the words "The State Board of Education shall" and inserting in lieu thereof the following:

"The State Board of Education shall make uniform rules relative to the administration of kindergarten in the public school districts of the State in accordance with the provisions of this Title."

Section 5. Amend §1715, Chapter 17, Title 14, Delaware Code by deleting that section in its entirety.

Section 6. Amend §2702(a), Chapter 27, Title 14, Delaware Code by deleting from that subsection the words "6 years of age" in each instance that it occurs and inserting in lieu thereof the words "five years of age" in each such instance.

Section 7. Amend §2702, Chapter 27, Title 14, Delaware Code by adding to that section a new subsection (b) as follows:

"(b) The following provisions shall be applicable to the administration of subsection (a) of this section in regard to compulsory attendance in the kindergarten for a child age S years:

If a child is a resident of the State of Delaware at the time of his or her eligibility for admission to the kindergarden at age 5, the parents, guardian or legal custodian of that child may request that school authorities evaluate the child's readiness for attendance and may request a delay of one year in that attendance. However, admission to first grade will be authorized only after school authorities evaluate the child's readiness for attendance.

If a child was not a resident of the State of Delaware at the time of his or her eligibility for admission to the kindergarten at age S the parents, guardian or legal custodian of that child may request that school authorities evaluate the child's readiness for attendance and on the basis of that evaluation authorize admission to grade 1."

Section 8. This Act shall take effect on July 1, 1984.

Approved July 2, 1984.