SB 438: Education; the beginning age for compulsory school attendance from six years to five years; reduce
Introduced version, the latest LegiScan holds · Last action February 2, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
Senate Bill 438
By: Senators Payne of the 54th, Hickman of the 4th, Hufstetler of the 52nd, Burns of the 23rd, Still of the 48th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to reduce the beginning age for compulsory school attendance from six years to five years; to provide for all children to attend a full-day kindergarten program for one school year prior to enrolling in first grade; to provide for applicability of compulsory school attendance laws and rules; to provide for related matters; to provide for contingent effectiveness; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-150, relating to eligibility for enrollment for educational programs, by revising subsection (c) as follows: "(c) All children enrolled for 20 school days or more in the public schools of this state prior to their seventh fifth birthday shall become subject to all of the provisions of this article, the provisions of Code Sections 20-2-690 through 20-2-701, and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven five years of age."
SECTION 2.
Said chapter is further amended in Code Section 20-2-151, relating to general and career education programs, by revising paragraph (1) of subsection (b) as follows: "(1)(A) All local school systems may shall offer a full-day kindergarten program. For purposes of this subsection, the term 'full-day kindergarten program' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year, or the equivalent thereof as determined in accordance with State Board of Education guidelines.
(B) Except as otherwise provided by law, all children shall attend a full-day kindergarten program for one school year prior to enrolling in first grade. The purposes of such It is the policy of this state that the purposes of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational careers. To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150;"
SECTION 3.
Said chapter is further amended in Code Section 20-2-690.1, relating to compulsory education for children between ages six and 16 and voluntary withdrawal, by revising subsection (b) as follows:
"(b) Each child in this state shall be required to attend a public school, a private school, or a home study program between his or her sixth fifth and sixteenth birthdays. Such compulsory attendance shall not apply to any child who has successfully completed all requirements for a high school diploma or state approved high school equivalency (HSE) diploma."
SECTION 4.
This Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of this Act, as expressed in a line item making specific reference to such Act in a General Appropriations Act enacted by the General Assembly.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.