AGO 559.

• Case Date: September 16, 2003
• Court: North Carolina

North Carolina Attorney General Opinions 2003. AGO 559. September 16, 2003Opinion No. 559Reply to: Laura E. Crumpler Education Section Tel: (919) 716-6920 Fax: (919) 716-6764 T. Brooks Skinner, Jr.General Counsel North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603RE: Advisory Opinion: Age Requirements For Entry Into Public School; N.C.G.S. §§ 115C-288 and 364 (2001)Dear Brooks: You have written on behalf of the Division of Non-Public Education to request the opinion of this office regarding the statutory requirements for entering public schools. In particular you seek an interpretation of the statutes governing the age requirements for initial entry into kindergarten as well as the effect of such age requirements upon subsequent initial enrollment by a student. This office last addressed these issues in 1972. Since that time, the General Assembly has added kindergarten education to the public school system and has accordingly amended the statutes pertaining to initial enrollment. In light of those changes, we do not believe the opinions expressed in 1972 are consistent with current statutes. N.C.G.S. § 115C-364 (2001) governs the right to initial entry to the public schools. That statute provides, in pertinent part, as follows: (a) A child who is presented for enrollment at any time during the first 120 days of a school year is entitled to initial entry into the public schools if: in accordance with the laws or rules of that state before the child moved to and became a resident of North Carolina. (b) A local board may allow a child who is presented for enrollment at any time after the first 120 days of a school year to be eligible for initial entry into the public schools if: (1) The child reached the age of 5 on or before October 16 of that school year; or (2) The child did not reach the age of 5 on or before October 16 of that school year, but has been attending school during that school year in another state in accordance with the laws or rules of that state before the child moved to and became a resident of North Carolina. (c) The initial point of entry into the public school system shall be at the kindergarten level. If the principal of a school finds as fact subsequent to initial entry that a child, by reason of maturity can be more appropriately served in the first...