To repeal sections 160.051 and 160.053, RSMo 1994, relating to public schools, and to enact in lieu thereof one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 160.051 and 160.053, RSMo 1994, are repealed and one new section enacted in lieu thereof, to be known as section 160.051, to read as follows:

160.051. A system of free public schools is established throughout the state for the gratuitous instruction of persons between the ages of five and twenty-one years. Any child whose fifth birthday occurs before the first day of [October for school year 1985-86, and before the first day of September for school year 1986-87, and before the first day of August for school year 1987-88 and before the first day of] July [for school year 1988-89 and each school year thereafter,] shall be deemed to have attained the age of five years at the commencement of the [term] school year beginning in that calendar year for the purpose of apportioning state school funds and for all other purposes.

[160.053. 1. Each school district in the state, except as provided in subsection 3, may provide an assessment program to determine readiness of a child or groups of children whose fifth birthday for purposes of kindergarten and whose sixth birthday for purposes of grade one, will occur on or after July first but not later than September thirtieth of that year. Each school district may determine its own program of readiness assessment. The assessments may be administered each year, beginning with school year 1985-86, prior to the opening of the school term without charge. Only a child who by his assessment is found ready to enter kindergarten or to enter grade one that year shall receive gratuitous instruction and the school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

2. If a school district does not offer an assessment program to determine readiness, the parent or legal guardian of a child whose fifth birthday, for purposes of kindergarten and whose sixth birthday for purposes of grade one, will occur on or after July first but not later than September thirtieth of that year, may request an assessment to determine readiness. The school district, prior to the opening of the school term and without charge, shall assess the child's readiness for entry into school. Any child who by his assessment is found ready to enter kindergarten or to enter grade one shall be allowed to do so and the child shall receive gratuitous instruction and the school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

3. Any kindergarten or grade one pupil beginning his school term in one school district in this state and subsequently transferring to another school district in this state in which the child's birth date would preclude his eligibility for entrance without meeting the district's assessment requirements shall be deemed eligible for attendance and shall not be required to meet the assessment requirements. The receiving school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

4. Any child assessed ready for kindergarten and who subsequently completes his kindergarten year shall not be required to meet the assessment requirements of a district for entrance into grade one.

5. The provisions of subsections 1, 2, and 3, relating to assessing for readiness to attend kindergarten and to kindergarten instruction and state aid therefor, shall not apply during any particular school year to those districts which do not provide kindergarten classes that year.]