State Kindergarten-Through-Third-Grade Policies
What age exemptions or waivers exist for kindergarten entrance?
June 2018
This information was collected from state statutes, rules and regulations. A profile was sent to each state for review and modification, as needed.
| What age exemptions or waivers exist for kindergarten entrance? | Citations | |
| Alabama | Opt-out: Age 6, parental waiver. | Ala. Code § 16-28-3 |
| Alaska | Not specified in statute, rules or regulations. | |
| Arizona | Not specified in statute, rules or regulations. | |
| Arkansas | Opt-out: Age 5, parental waiver, Any 6-year-old child who has not completed kindergarten must be evaluated to determine placement in kindergarten or first grade. | Code Ark. R. 005.15.2-11.0 |
| California | Opt-in: Age 5, district decision - if governing board determines it is in best interest of child. Any child with a birthday falling between the previous December 2 cutoff date and the new cutoff in any year may be admitted to a transitional kindergarten program. | |
| Colorado | Opt-in: Age 4 for gifted and talented. | Colo. Rev. Stat. Ann. §22-20-104.5; 1 Colo. Code Regs. § 301-8:2220-R-12.08 |
| Connecticut | Opt-in: Age 5, local board decision. | Conn. Gen. Stat. Ann. §10-184, Conn. Gen. Stat. Ann. §10-15c |
| Delaware | Not specified in statute, rules or regulations. | |
| District of Columbia | Not specified in statute, rules or regulations. | |
| Florida | Not specified in statute, rules or regulations. | |
| Georgia | Opt-in: Age 5 by December 31, if student was a resident of another state for at least 2 years and was enrolled in kindergarten in that state. | Ga. Code Ann., § 20-2-150 |
| Hawaii | Not specified in statute, rules or regulations. | |
| Idaho | Opt-out: Age 5, if student has completed 450 hours of kindergarten in another state. | Idaho Code Ann. § 33-201 |
| Illinois | Opt-in: Age 5, local school board decision based on assessment. | 105 Ill. Comp. Stat. Ann. 5/10-20.12 |
| Indiana | Opt-in: Age 5, Districts may adopt a procedure for parental appeal. Once enrolled in school, a child falls under compulsory school law. | Ind. Code Ann. § 20-33-2-6; Ind. Code Ann. § 20-33-2-7 |
| Iowa | Opt-out: Age 5-6, local boards may exclude children who are not sufficiently mature or are physically or mentally unable to attend school. Opt-out: Age 5-6, any child who demonstrates sufficient ability may enter grade 1 by December 31. |
Iowa Code Ann. § 282.3 |
| Kansas | Opt-in: Any child who was a resident of another state and attended kindergarten is eligible to enroll in kindergarten. | Kan. Stat. Ann. § 72-3118 |
| Kentucky | Opt-out: Age 6-7, if enrolled in a private kindergarten-nursery school. Opt-out: Age 5-6, a child may enter grade 1 if local board determines she/he has acquired the skills taught in kindergarten. |
Ky. Rev. Stat. Ann. § 159.030; Ky. Rev. Stat. Ann. § 158.031 |
| Louisiana | Opt-in: Age 5, per state gifted evaluation regulations. Opt-out: A child may skip kindergarten if she/he demonstrates grade 1 readiness per local screenings. Any student from out of state who doesn't meet the kindergarten requirement must pass a readiness screening. If a student enrolls in school before the age of 7, she/he is subject to the compulsory attendance law. |
La. Stat. Ann. § 17:151.3; La. Stat. Ann. § 17:221 |
| Maine | Opt-in: any student who enrolled in kindergarten in another state may enroll in kindergarten. Opt-out: any student who enrolled in grade 1 or completed kindergarten and was promoted in another state, may enter grade 1. |
Me. Rev. Stat. tit. 20-A, § 5201 |
| Maryland | Opt-out: Age 5, parental waiver states a child lacks the maturity to attend kindergarten, or is enrolled in a child care center or Head Start 5-year-old program. Opt-in: Age 4, local board decision that a child demonstrates capabilities warranting admission to kindergarten. |
Md. Code Ann., Educ. § 7-301; Md. Code Regs. 13A.08.01.02 |
| Massachusetts | Not specified in statute, rules or regulations. | |
| Michigan | Opt-out: Age 9, if the student does not live within 2.5 miles by the nearest traveled road of a public school, and no school transportation is provided. Opt-in: Age 5 between September 2 and December 1 with parental waiver. |
Mich. Comp. Laws Ann. § 380.1561; Mich. Comp. Laws Ann. § 380.1147 |
| Minnesota | Opt-in: Age 5, local board may establish a policy for early admission | Minn. Stat. Ann. § 124D.05 |
| Mississippi | Opt-in: Age 5 after September 1, if a student was a resident of another state and attended at least 4 weeks of kindergarten, he/she may enroll in kindergarten. | Miss. Code. Ann. § 37-15-9 |
| Missouri | Opt-in: Age 5 by October 1, if a child begins kindergarten in a metropolitan district and subsequently transfers to another district, he/she can enroll in the new district without meeting the age requirement. | Mo. Ann. Stat. § 160.053 |
| Montana | Opt-in: Age 5, board of trustees decision. | Mont. Code Ann. § 20-7-117 |
| Nebraska | Opt-in: Schools required to admit students age 5 between August 1 and October 15, if parent requests and provides an affidavit that the child has demonstrated readiness through a school board-recognized assessment procedure, or has attended or will attend kindergarten in another jurisdiction in the current year. | Neb. Rev. Stat. Ann. § 79-214 |
| Nevada | Opt-out: Age 6, a parent must file a waiver if his/her child does not enroll in kindergarten or grade 1. Opt-out: Age 7, a child who passes a grade 1 readiness assessment can skip kindergarten. Opt-out: A child who completed kindergarten or enrolled in grade 1 in another state may enroll in the grade she/he was attending |
Nev. Rev. Stat. Ann. § 392.040 |
| New Hampshire | Not specified in statute, rules or regulations. | |
| New Jersey | Opt-in: Age 5, local school board decision. | N.J. Admin. Code § 18A:38-5 |
| New Mexico | Not specified in statute, rules, or regulations. | |
| New York | Universal Prekindergarten Programs: Opt-in at age 4 on or before December 1. District Exceptions: Syracuse, New York City, Rochester, Utica, Buffalo, Cohoes, Watervliet and Yonkers school districts are authorized to mandate children who are 5 years of age on or before December 1 to attend kindergarten. | N.Y. Comp. Codes R. & Regs. tit. 8, § 151-1.2; N.Y. Educ. Law § 3205 |
| North Carolina | Opt-in: Age 5 on or before August 31 if the child has attended school that school year in another state. Opt-in: Age 5, a child who initially enters kindergarten can enter grade 1 if the principal deems the child would be better served in grade 1. Opt-in: Age 4 on or before April 16, may enter kindergarten if the parent presents information to the principal that the child is gifted. |
N.C. Gen. Stat. Ann. § 115C-364 |
| North Dakota | Opt-in: Age 5 before December 1, enrolled previously in an approved kindergarten. Opt-in: Age 5 before December 1, passes a district-approved developmental and readiness screening. |
N.D. Cent. Code Ann. § 15.1-22-02 |
| Ohio | Opt-in: Age 5 if favorably evaluated for early admittance after referral from parent or guardian or qualified personnel. Opt-in: Age 5 if enrolled in kindergarten in another district and transfers. Opt-out: Age 6, if favorably evaluated for early admittance to grade 1 after referral from a parent or educator. f a student enrolls in school before the age of 6, he/she is subject to the compulsory attendance law. Opt-in: Prior to age 5 in accordance with model student acceleration policies developed by districts. |
Ohio Rev. Code Ann. § 3321.01; Ohio Rev. Code Ann. § 3324.10 |
| Oklahoma | Opt-out: Parental waiver. | Okla. Stat. Ann. tit. 70, § 10-105 |
| Oregon | Opt-in: Age 5, if the child's cognitive, social and physical development would be best met in a school program. | Or. Rev. Stat. Ann. § 336.095 |
| Pennsylvania | LEA decision: If a student is less than 5 years and 7 months of age, the LEA may admit the student in accordance with standards established by the State Board of Education to the lowest primary grade offered. | 24 Pa. Stat. Ann. § 13-1304 |
| Rhode Island | No opt-out: Students must complete a state recognized kindergarten program in order to be eligible for first grade. | 16 R.I. Gen. Laws Ann. § 16-2-28 |
| South Carolina | Opt-in: Age 5, if the student substantially initiated a public school kindergarten program in another state that has a different attendance age requirement from South Carolina. Opt-in: Age 6, if substantially initiated grade 1 in another state or completed one year of a public school kindergarten program. Opt-out: Age 6, parental waiver may allow a student to postpone school entry until age 6. |
S.C. Code Ann. § 59-65-10; S.C. Code Ann. § 59-63-20 |
| South Dakota | Opt-in: Age 5, if the child was enrolled in kindergarten and transfers from another state. Opt out: Out of state transfer who did not attend kindergarten may proceed in appropriate grade. |
S.D. Codified Laws § 13-28-2; S.D. Codified Laws § 13-27-1 |
| Tennessee | Opt-in: Student who is not age 5 until after December 31 shall not enter school during that school year; unless school district allows mid-year entrance and a child becomes 5 years of age within sixty days following the opening of the semester. Opt-in: At the request of the child's parent or legal guardian, a student Age 5 on or before September 30 may be permitted to enter kindergarten. No opt-out: No child shall be eligible to attend first grade without attending an approved kindergarten program. |
Tenn. Code Ann. § 49-6-3001; Tenn. Code Ann. § 49-6-201 |
| Texas | Opt-in: Age 5, the student performs satisfactorily on the third grade assessment and the district has a policy for admitting students younger than 5. Opt-out: Age 6, a child who completed kindergarten or enrolled in grade 1 in another state may enter appropriate grade level. |
Tex. Educ. Code Ann. § 42.003; Tex. Educ. Code Ann. § 25.085 |
| Utah | Not specified in statute, rules or regulations. | |
| Vermont | Not specified in statute, rules or regulations. | |
| Virginia | Opt-in: Reaches age 5 between October 1 and December 31 of the school year, in districts that offer any two-tiered, junior or other developmentally appropriate pre-kindergarten program or transitional first grade, and demonstrates school readiness on an assessment. Opt-out: Age 6, a 5-year-old child may enroll in any public educational pre-kindergarten program, including a Head Start program, or in a private, denominational, or parochial educational pre-kindergarten program. Opt-out: Age 6, parental waiver to children who are not mentally, physically, or emotionally prepared to attend kindergarten. |
Va. Code Ann. § 22.1-199; Va. Code Ann. § 22.1-254 |
| Washington | Opt-in: Age 5, local board decision based on a screening process that measures ability and/or need of an individual student to succeed in earlier learning. Opt-in/out: Military families may enroll their child at the grade level attend prior to entering Washington school. |
Wash. Admin. Code 392-335-025; Wash. Rev. Code Ann. § 28A.225.160 |
| West Virginia | Opt-in: Age 5, county board may provide advanced entrance or placement under their policy for children who have demonstrated sufficient mental and physical competency. Opt-out: Age 6, a child can be removed from a kindergarten program when the principal, teacher, and parent or guardian concur that the best interest of the child would not be served by keeping the child in school. Opt-out: Under extraordinary circumstances a child may pass an entrance readiness skills test to enter grade 1 instead of kindergarten. |
W. Va. Code Ann. § 18-8-1a |
| Wisconsin | Opt-in: Age 5, districts must have procedures, conditions, and standards in place for early admission to kindergarten and grade 1. If a child is enrolled in kindergarten the attendance rules apply to them. | Wis. Stat. Ann. § 120.12; Wis. Stat. Ann. § 118.15 |
| Wyoming | Opt-in: Age 6 on or before September 15, may register in grade 1. | Wyo. Stat. Ann. § 21-4-302 |
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