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72-3118. Age of eligibility for school attendance. (a) Subject to the provisions of subsection (b), any child is eligible to attend the elementary grades in the school district in which the child resides or in a school district which has entered into an agreement in accordance with and under authority of K.S.A. 72-13,101, and amendments thereto, with the school district in which the child resides if (1) for the 1994-95 school year, the child will attain the age of six years on or before September 1 of the school year and (2) for the 1995-96 school year, the child will attain the age of six years on or before September 1 of the school year and (3) for any school year commencing after the 1995-96 school year, the child will attain the age of six years on or before August 31 of the school year;

(b) any child who has completed a kindergarten course entered and attended in this state in accordance with the provisions of subsection (d) or who was a resident in another state and who, while residing in such other state, had entered and was in attendance in first grade in such state or who had completed in such state a kindergarten course maintained by a public school district or by an accredited private, denominational or parochial school shall be eligible to attend first grade in this state, regardless of age;

(c) subject to the provisions of subsection (d), any child is eligible to attend kindergarten in the school district in which the child resides or in a school district which has entered into an agreement in accordance with and under authority of K.S.A. 72-13,101, and amendments thereto, with the school district in which the child resides if (1) for the 1994-95 school year, the child will attain the age of five years on or before September 1 of the school year and (2) for any school year commencing after the 1994-95 school year, the child will attain the age of five years on or before August 31 of the school year;

(d) any child who was a resident in another state and who, while residing in such other state, had entered and was in attendance in kindergarten in such state shall be eligible to attend kindergarten in this state, regardless of age.

History: L. 1919, ch. 258, § 1; R.S. 1923, 72-1107; L. 1943, ch. 248, § 39; L. 1965, ch. 405, § 1; L. 1981, ch. 278, § 1; L. 1982, ch. 294, § 1; L. 1984, ch. 261, § 7; L. 1991, ch. 220, § 2; L. 1994, ch. 37, § 1; L. 1994, ch. 318, § 1; July 1.

Source or Prior Law:

L. 1861, ch. 76, art. 4, § 6; G.S. 1868, ch. 92, § 47; L. 1876, ch. 122, art. 5, § 3, 72-1107.

Cross References to Related Sections:

Eligibility to attend school in district of nonresidence under inter-district agreement, see 72-13,101.

Law Review and Bar Journal References:

1963-65 survey of municipal corporations, J. Richard Foth, 14 K.L.R. 329, 335 (1965).

"The Education for All Handicapped Children Act of 1975: In Need of an Advocate," Wayne R. Tate, 19 W.L.J. 312, 313 (1980).

Attorney General's Opinions:

School attendance; G.E.D. 87-46.

Eligibility of child who has completed kindergarten in another state to enroll in first grade in Kansas. 97-82.

CASE ANNOTATIONS

1. Ordinarily residence of father is residence of child. Sulzen v. School District, 144 Kan. 648, 650, 62 P.2d 880.

2. Incorporated orphans' home held school residence of orphans living therein. Mariadahl Children's Home v. Bellegarde School Dist., 163 Kan. 49, 51, 180 P.2d 612.

3. Common-school districts cannot segregate colored pupils from white pupils. Webb v. School District, 167 Kan. 395, 396, 206 P.2d 1066.

4. Common-school district may maintain two schoolhouses and designate attendance areas. Webb v. School District, 167 Kan. 395, 396, 206 P.2d 1066.


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