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70-1-114.


70-1-114.


    A.  All children between the ages of five (5) years on or before
September 1, and twenty-one (21) years on or before September 1,
shall be entitled to attend school free of charge in the district in
which they reside.
    B.  All children who are at least four (4) years of age but not
more than five (5) years of age on or before September 1 and who have
not attended a public school kindergarten shall be entitled to attend
half-day or full-day early childhood programs at any public school in
the state where such programs are offered; provided no child shall be
required to attend any early childhood education program.  The
following paragraphs shall govern early childhood programs:
    1.  Children who are at least four (4) years of age but not more
than five (5) years of age on or before September 1 shall be entitled
to attend either half-day or full-day early childhood programs in
their district of residence free of charge as long as the district
has the physical facilities and teaching personnel to accommodate the
child.  For purposes of calculation of State Aid, children in an
early childhood education program shall be included in the average
daily membership of the district providing the program.
    2.  A child who has not reached the age of five (5) years on or
before September 1 and who resides in a district which does not offer
an early childhood program shall be eligible for transfer to a
district where an early childhood program is offered if the district
that offers the early childhood program agrees to the transfer.  A
district offering early childhood programs may refuse to accept a
nonresident child if the district does not have the physical
facilities or teaching personnel to accommodate the child in an early
childhood education class.  If the child requesting the transfer has
not reached the age of four (4) years on or before September 1, the
district may refuse to accept the nonresident child if the district
determines the child is not ready for an early childhood program.
Children who are accepted in a program outside their district of
residence as provided in this paragraph shall be included in the
average daily membership of the district providing the program for
State Aid funding subject to the State Aid formula weight limitations
set forth in paragraph 1 of this subsection.
    C.  No child shall be enrolled in kindergarten unless he or she
will have reached the age of five (5) years on or before September 1
of the school year.  No child shall be enrolled in the first grade
unless he or she will have reached the age of six (6) years on or
before September 1 of the school year.
    D.  No nonresident and nontransferred pupil shall be allowed to
attend school in any school district unless a tuition fee equal to
the per capita cost of education for a similar period in such
district during the preceding year has been paid to the receiving
district in advance yearly or by semester as determined by the
district board of education of the receiving district.  If the State
Board of Education discovers that such attendance has been allowed
without prior payment of the tuition fee in advance as required, no
further payment of any State Aid Funds shall be made to the district
until such district has shown to the satisfaction of the State Board
of Education that all such tuition fees have been paid or that such
tuition pupil will no longer be allowed to attend school until the
required tuition fee has been paid.
    E.  Any parent, guardian, person or institution having care and
custody of a child who pays ad valorem tax on real property in any
other school district other than that in which that person resides
may, with the approval of the receiving board, enroll the child in
any school district in which ad valorem tax is paid and receive a
credit on the nonresident tuition fee equal to the amount of the ad
valorem tax paid for school district purposes in the school district
in which the child is enrolled.  Provided, the credit shall not
exceed the total amount required for the tuition payment.



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