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Interpreting the HS laws - Compulsory Attendance Ages


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I have a friend (military family) who are supposed to be moving some time in the spring next year and/or whenever their house will sell from New York to Georgia. They have a 5 year old, and mom would rather just keep him home and teach him the Kinder basics than send him to the public school for an unknown amount of time. Dad would probably be on board if there was a solid plan set down.

 

My thought is that she can set down an academic plan AND NOT register him here in NY nor in GA for this year because he is not of compulsory age yet. Then they could simply enroll him in 1st next year when they are settled in. (He is 5, turning 6 on February 15, 2012) Is this correct???? Am I reading the regulations correctly???

 

NY says, “...a minor who becomes six years of age on or before the first of December in any school year...until the last day of session in the school year in which the minor becomes sixteen years of age†or completion of high school.

 

 

GA says, “Between their 6th and 16th birthdays.†Official Code of Georgia Annotated § 20-2-690.1. However, if a child is under 7 and has attended more than 20 days in a Georgia public school, he is subject to the compulsory attendance laws.

 

 

 

I will help her map out a plan for the academics. I just don't want to mislead here legally... Anything I am missing here?

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She doesn't have to enroll the child in school but the school gets to decide if he goes to k or 1. Why not register to home school for K ?

 

Oh, that's a good point... duh. Well, it won't be hard to do the paperwork for K here, so then at the same time she will have something to show the new school district when she gets there. I guess I was just thinking that the less mess with paperwork the better. Thanks for pointing that out though!

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I have a friend (military family) who are supposed to be moving some time in the spring next year and/or whenever their house will sell from New York to Georgia. They have a 5 year old, and mom would rather just keep him home and teach him the Kinder basics than send him to the public school for an unknown amount of time. Dad would probably be on board if there was a solid plan set down.

 

My thought is that she can set down an academic plan AND NOT register him here in NY nor in GA for this year because he is not of compulsory age yet. Then they could simply enroll him in 1st next year when they are settled in. (He is 5, turning 6 on February 15, 2012) Is this correct???? Am I reading the regulations correctly???

 

NY says, “...a minor who becomes six years of age on or before the first of December in any school year...until the last day of session in the school year in which the minor becomes sixteen years of age” or completion of high school.

 

 

GA says, “Between their 6th and 16th birthdays.” Official Code of Georgia Annotated § 20-2-690.1. However, if a child is under 7 and has attended more than 20 days in a Georgia public school, he is subject to the compulsory attendance laws.

 

 

 

I will help her map out a plan for the academics. I just don't want to mislead here legally... Anything I am missing here?

 

New York seems clear: if you turn 6 before December first, you must be enrolled for that school year, and you must complete the school year after your 16th birthday, should it fall during the school year.

 

For GA, I would look at their enrollment rules. Because, clearly, one would not register and send one's child to school beginning the day after their 6th birthday in May, for instance.

 

Here, compulsory attendance is 5-16, but school eligibility says you have to be 5 before September 1st. (They systematically backed that up over several years)

 

If GA doesn't have a birthday cutoff, then I would think they would have to register as homeschoolers. If they do, and it's like ours, then he wouldn't be six in that timeframe.

 

Though if it were me, I'd just register, as Starr suggested.

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She doesn't have to enroll the child in school but the school gets to decide if he goes to k or 1. Why not register to home school for K ?

 

In NC, kindergarten is not mandatory. You can go straight into first grade. I know NC isn't either of the states friend is looking at, but that's something to look into as well. Is K necessary in either state?

 

http://www.ncpublicschools.org/stateboard/legal/schoolentry

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Well, it looks like GA is not compulsory...

 

 

http://www.doe.k12.ga.us/askdoe.aspx?PageReq=ASKNewcomer

 

"Compulsory Attendance 

Georgia law requires that students attend a public or private school or a home study program from their sixth to their 16th birthdays. Public Kindergarten is available in every school system, but it is not mandatory."

 

And here in NY, she would be within the age criteria of NOT having to enroll him in anything this year, plus they will be gone before 1st grade starts. So, I would think that they would be fine not doing anything this year as far as paperwork. However, you guys make good points, so we will try to figure out where in Savannah they may be moving and then contact the superintendent's office to see if they will have any problems.

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You answered my question. I wasn't sure if K was mandatory here in GA. But she would not have to submit a Declaration of Intent to homeschool a 5yo. Compulsory ages are 6-16. DoI must be submitted by Sep 1, so a child who is 6 before that date must have a DoI. I would not submit one for a child who turns 6 after Sep 1.

 

The HEIR website might be helpful. You might also check the HSLDA page for GA.

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In NY they often tell you that you are not ready for first grade if you haven't been to K. It can be a hassle. I think this all really depends on where she is landing. If she's school centered I don't see the problem with just starting K and moving when they move. And taking off whatever time is needed.

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You answered my question. I wasn't sure if K was mandatory here in GA. But she would not have to submit a Declaration of Intent to homeschool a 5yo. Compulsory ages are 6-16. DoI must be submitted by Sep 1, so a child who is 6 before that date must have a DoI. I would not submit one for a child who turns 6 after Sep 1.

 

The HEIR website might be helpful. You might also check the HSLDA page for GA.

 

Thank you for the HEIR link, that will be helpful!

 

Honestly, she is on the fence about homeschooling, mostly because her Dh is not totally on board. But he is a reasonable person, I think he just needs to see it all down on paper before he would go along with all of this. If it was up to her, I think she would consider homeschooling all the way through at least elementary school. I am not trying to push her or anything, just trying to give her the info and the resources since she is asking... Otherwise, I would probably just tell her to send him to kinder here and then move when they move...

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She doesn't have to enroll the child in school but the school gets to decide if he goes to k or 1. Why not register to home school for K ?

 

If he was 4 years old now and turning FIVE in February, then he might have to "repeat" Kindergarten. But I would think that if he's turning SIX in February, then he will be 6.5 by September -- so he would go into 1st grade, anyway. In some states, Kindergarten is considered optional (it is here in New Jersey).

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If he was 4 years old now and turning FIVE in February, then he might have to "repeat" Kindergarten. But I would think that if he's turning SIX in February, then he will be 6.5 by September -- so he would go into 1st grade, anyway. In some states, Kindergarten is considered optional (it is here in New Jersey).

 

I'm not sure that would work in Georgia. My experience living in the deep South was that red-shirting was very common. Most kids were 6 or about to turn 6 when they started kindergarten. If she shows up with a 6-year-old and tries to enroll him in 1st grade by claiming she "homeschooled" kindergarten, they are probably going to roll their eyes at her and point the way to the kindergarten rooms. All the other kindergartners are 6, so why should her kid get to "skip" to 1st grade?

 

I have a friend in Alabama that homeschooled kindergarten, but didn't register because it wasn't required since kindergarten isn't compulsory there. When she tried to register her 6 1/2-year-old daughter for 1st grade, they laughed her out of the school. Her options were kindergarten or homeschooling, so she has continued homeschooling.

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In NC, kindergarten is not mandatory. You can go straight into first grade. I know NC isn't either of the states friend is looking at, but that's something to look into as well. Is K necessary in either state?

 

http://www.ncpublicschools.org/stateboard/legal/schoolentry

 

I don't think I read the same thing in those laws that you are reading in them. Yes, it is possible for a child to be homeschooled for kindergarten and then go straight into first grade, but only if the principal feels that is best. Kindergarten is still considered the starting point for NC public schools regardless of the child's age (as is endless pounded in on the NCDNPE website). A principal has the option of making an exception and moving your 6-year-old up to 1st grade, but he is not obligated to do so.

 

I continue to believe that homeschooling just kindergarten under the assumption that you can easily enroll a 6-year-old in 1st grade is a risky thing to do (especially without some kind of registration or documentation of the homeschooling). I think that is especially true in the deep South where it is common to start kindergarten at 6. I would hate for a child to wind up unintentionally red-shirted in a situation like this.

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As far as I can tell, he is not compulsory school age, so no, she shouldn't contact school officials at all. He should be able to enroll in first grade the following year.

 

:iagree: Here in MA, compulsory education is also from 6-16. They don't even want to see K plans here. If he's not compulsory age, she shouldn't have to report anything.

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We're in GA, and I find the wording of the law very confusing. We aren't sure how long we'll HS for, so I had very similar concerns. DS1 turned 6 at the end of May, just as our public schools were finishing up. I was assured by several veteran HS'ers that I did not need to do anything official for K, so I didn't.

 

Redshirting is not common in my area. Almost everyone I've met sends their kids to the free Pre-K program at 4. Homeschooling is very common here too though, and luckily, I haven't encountered any negative attitudes. From what I've been told, if I decided to send DS1 to public school, he would be tested, and placed at whatever grade level those results showed. I made sure to cover everything in the GA standards, hoping that if we do decide to transition, it will go smoothly.

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In Georgia, both kindergarten and first grade enrollment are determined by age. If the child is 6 by Sept. 1, they go to first grade *unless* the parent requests otherwise. Kindergarten is not compulsory. I know many people who don't send their kids to kindergarten because it is full day, and then send their kids to PS first grade. (My sister dis this with both of her kids in a different district from mine.) Our school district advertises that kindergarten is not mandatory. It's on the website, every enrollment notice that comes home, etc. You don't even have to say you are homeschooling. Just show up with the birth certificate to register them.

Edited by Caroline
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I'm not sure that would work in Georgia. My experience living in the deep South was that red-shirting was very common. Most kids were 6 or about to turn 6 when they started kindergarten. If she shows up with a 6-year-old and tries to enroll him in 1st grade by claiming she "homeschooled" kindergarten, they are probably going to roll their eyes at her and point the way to the kindergarten rooms. All the other kindergartners are 6, so why should her kid get to "skip" to 1st grade?

 

I have a friend in Alabama that homeschooled kindergarten, but didn't register because it wasn't required since kindergarten isn't compulsory there. When she tried to register her 6 1/2-year-old daughter for 1st grade, they laughed her out of the school. Her options were kindergarten or homeschooling, so she has continued homeschooling.

 

I've never lived in the South so I couldn't speak from experience about this practice. I know that if it happened to us, we would want to know what the law dictates must happen. What does the law say?

 

OTOH, arguing with your child's school is like arguing with your car mechanic. Neither is likely to produce a good result. :tongue_smilie:

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I don't think I read the same thing in those laws that you are reading in them. Yes, it is possible for a child to be homeschooled for kindergarten and then go straight into first grade, but only if the principal feels that is best. Kindergarten is still considered the starting point for NC public schools regardless of the child's age (as is endless pounded in on the NCDNPE website). A principal has the option of making an exception and moving your 6-year-old up to 1st grade, but he is not obligated to do so.

 

I continue to believe that homeschooling just kindergarten under the assumption that you can easily enroll a 6-year-old in 1st grade is a risky thing to do (especially without some kind of registration or documentation of the homeschooling). I think that is especially true in the deep South where it is common to start kindergarten at 6. I would hate for a child to wind up unintentionally red-shirted in a situation like this.

 

So what if I homeschool a child up to the age of 8? Or 9? Or 10? Can the principal of a school enroll my child in Kindergarten? This seems bizarre to me, but then (as I said), I don't live in the South (if that is applicable).

 

Perhaps the best thing to do would be to commit to homeschool a child for TWO years? In that way, you could homeschool for K and 1st, then enroll the child as if you've newly moved into the area. The only problem with this would be the lack of "school records" transferred in from another school. Could you get a "cover school" to provide that?

 

I'm asking because we've actually thought of moving further south (NC, SC, GA), and we currently have Pre-K'ers. If we were able to move in a few years, they would be 1st/2nd grade age. Just trying to think ahead. :bigear:

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In Georgia, both kindergarten and first grade enrollment are determined by age. If the child is 6 by Sept. 1, they go to first grade *unless* the parent requests otherwise. Kindergarten is not compulsory. I know many people who don't sent their kid to kindergarten because it is full day, and then send their kids to PS first grade. (My sister dis this with both of her kids in a different district from mine.) Our school district advertises that kindergarten is not mandatory. It's on the website, ever enrollment notice that comes home, etc. You don't even have to say you are homeschooling. Just show up with the birth certificate to register them.

 

See, this is how I read the regulations and also how we handled things in a prior state (I think it was Ohio.. geez, can't remember). And also, when we were in Alabama and the mandatory age was 7 ... they weren't going to put a 7-7 1/2 year old in kinder... that would just seem ridiculous.

 

Besides, most Kindergarten programs are fairly mild in the real learning department (in my experience). We took DD out of kinder and began homeschooling because they were just learning their letters, colors, and the days of the week - she was thoroughly bored and the teacher was actually a bit miffed at us because she already knew how to read. I just really don't think that these states that don't make kinder compulsory would make a big deal about putting a kid into 1st if he walks in knowing how to read and write...

 

Anyway, in order to convince her Dh to let her homeschool him this year, and hopefully for a few more... ;), she is going to just call the actual school district to make sure. Honestly, I don't see why she would even need to deal with NY at all if the compulsory age is not here yet. They will probably be moving before he even turns 6.

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So what if I homeschool a child up to the age of 8? Or 9? Or 10? Can the principal of a school enroll my child in Kindergarten? This seems bizarre to me, but then (as I said), I don't live in the South (if that is applicable).

 

Perhaps the best thing to do would be to commit to homeschool a child for TWO years? In that way, you could homeschool for K and 1st, then enroll the child as if you've newly moved into the area. The only problem with this would be the lack of "school records" transferred in from another school. Could you get a "cover school" to provide that?

 

I'm asking because we've actually thought of moving further south (NC, SC, GA), and we currently have Pre-K'ers. If we were able to move in a few years, they would be 1st/2nd grade age. Just trying to think ahead. :bigear:

 

Check the state on that, though-in TN, I believe if your child enters before the age of 8, K is mandatory. There was a 7 yr old in my DD's K class who had been homeschooled, but not registered, and when her parents got a divorce and needed her to be in school, the poor kid got stuck in a K class with 5 yr olds.

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New Yorker here.

 

In NY kindergarten is not mandatory. You may, if you want, register as a homeschooler for kindy but it is in no way mandatory. No one I know of does. Well, I did, but there were special circumstances. There are NO legal repercussions if you do not register a 5 year old. You cannot be forced to register a 5 year old. Even if you were going to use public school, you don't have to do so until the child has turned 6.

 

If the child is has turned 6 since december then you must send your letter of intent blah, blah, blah and then you, the parent, gets to decide if you want them registered as a kindergartner or a first grader. It doesn't really matter except that starting in 4th grade you have to deal with testing. Some homeschooling NY parents register their 6 year olds as kindy kids to give them another year before testing.

 

Homeschoolers in NY do not "enroll" their children at any time.

 

So, I would just wait to get to Georgia. There is no benefit to sending in paperwork to NY state. Even if they were going to used public school, they don't have to send a 5 year old in NY state.

 

And FTR, I didn't send in any paperwork until my oldest was in third grade. No one in the district office said a word about it other than 'nice to meet you.'

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Check the state on that, though-in TN, I believe if your child enters before the age of 8, K is mandatory. There was a 7 yr old in my DD's K class who had been homeschooled, but not registered, and when her parents got a divorce and needed her to be in school, the poor kid got stuck in a K class with 5 yr olds.

 

This is why I, in TN, am paying to register my Ker with my umbrella school. I'm not willing to take the chance that something could happen that would force her into an inappropriate class in a school setting.

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So what if I homeschool a child up to the age of 8? Or 9? Or 10? Can the principal of a school enroll my child in Kindergarten? This seems bizarre to me, but then (as I said), I don't live in the South (if that is applicable).

 

Perhaps the best thing to do would be to commit to homeschool a child for TWO years? In that way, you could homeschool for K and 1st, then enroll the child as if you've newly moved into the area. The only problem with this would be the lack of "school records" transferred in from another school. Could you get a "cover school" to provide that?

 

I'm asking because we've actually thought of moving further south (NC, SC, GA), and we currently have Pre-K'ers. If we were able to move in a few years, they would be 1st/2nd grade age. Just trying to think ahead. :bigear:

 

I'm not sure how it would work with an older elementary child. I hope common sense would prevail. I do know that for our school district (in NC), if you go to any of the elementary school websites it gives you two options to click on for registration. The first option is K-1st and the second option is 2nd-5th. If you click on the first option it will take you to information on how to register as a new kindergartner. If you click on the second option it will take you to general registration for transfer students. Take from that what you will. I've always assumed that a 1st grader would be in danger of being bounced back to kindergarten as a matter of policy, but a 2nd grader would probably be okay. I assume that any records you keep would be okay for "transfer" records with an older kid, because homeschools are treated as private schools in NC.

 

Check the state on that, though-in TN, I believe if your child enters before the age of 8, K is mandatory. There was a 7 yr old in my DD's K class who had been homeschooled, but not registered, and when her parents got a divorce and needed her to be in school, the poor kid got stuck in a K class with 5 yr olds.

 

These are the horror stories I've heard from folks in Alabama. I think the distinction is that although school might not be required until age 7, kindergarten is still mandatory.

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