To repeal sections 160.051 and 160.053, RSMo 1994, relating to the enrollment of pupils in public schools, and to enact in lieu therof four new sections relating to the same subject, with an effective date.

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Section A. Sections 160.051 and 160.053, RSMo 1994, are repealed and four new sections enacted in lieu thereof, to be known as sections 160.051, 160.053, 1 and 2, to read as follows: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,] August 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.] If a school district maintains a kindergarten program, a child is eligible for admission to kindergarten if the child reaches the age of five before the first day of August of the school year beginning in that calendar year. A child is eligible for admission to first grade if the child reaches the age of six before the first day of August of the school year beginning in that calendar year.

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] the school term in [one] a metropolitan school district [in this state] or an urban school district containing the greater part of the population of a city which has more than three hundred thousand inhabitants pursuant to section 1 or 2 of this act and subsequently transferring to another school district in this state in which the child's birth date would preclude [his] such child's 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] minimum age requirements. The receiving school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

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

[5.] 4. The provisions of [subsections 1, 2, and 3,] this section 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.

Section 1. 1. Notwithstanding any provisions of sections 160.051 and 160.053, RSMo, to the contrary, beginning with the 1997-98 school year, all metropolitan school districts, except as provided in subsection 2 of this section, may establish and enforce a regulation which requires that a child shall have attained the age of five for purposes of kindergarten, and the age of six for purposes of grade one, on or before any date between August first and October first of that year. The school district shall receive state aid for any child admitted to kindergarten or grade one pursuant to this section, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

2. Any kindergarten or grade one pupil beginning the school term in a metropolitan school district and subsequently transferring to another school district in this state in which the child's birth date would preclude such child's eligibility for entrance shall be deemed eligible for attendance and shall not be required to meet the minimum age requirements. The receiving school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

3. Any child who completes the kindergarten year in a metropolitan school district shall not be required to meet the minimum age requirements of another school district in this state for entrance into grade one.

4. The provisions of subsections 1 and 2 of this section, relating 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.

Section 2. 1. Notwithstanding any provisions of sections 160.051 and 160.053, RSMo, to the contrary, beginning with the 1997-98 school year, all urban school districts containing the greater part of the population of a city which has more than three hundred thousand inhabitants, except as provided in subsection 2 of this section, may establish and enforce a regulation which requires that a child shall have attained the age of five for purposes of kindergarten, and the age of six for purposes of grade one, on or before any date between August first and October first of that year. The school district shall receive state aid for any child admitted to kindergarten or grade one pursuant to this section, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

2. Any kindergarten or grade one pupil beginning the school term in an urban school district in this state containing the greater part of the population of a city which has more than three hundred thousand inhabitants and subsequently transferring to another school district in this state in which the child's birth date would preclude such child's eligibility for entrance shall be deemed eligible for attendance and shall not be required to meet the minimum age requirements. The receiving school district shall receive state aid for the child, notwithstanding the provisions of sections 160.051 and 163.017, RSMo.

3. Any child who completes the kindergarten year in an urban school district containing the greater part of the population of a city which has more than three hundred thousand inhabitants shall not be required to meet the minimum age requirements of another school district in this state for entrance into grade one.

4. The provisions of subsections 1 and 2 of this section, relating 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.

Section B. The provisions of section A of this act shall become effective July 1, 1997.