SB438: SB438 Education; the beginning age for compulsory school attendance from six years to five years; reduce
2025-2026 Regular Session · Introduced version · Last action February 2, 2026
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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 to1
elementary and secondary education, so as to reduce the beginni ng age for compulsory2
school attendance from six years to five years; to provide for all children to attend a full-day3
kindergarten program for one school year prior to enrolling in first grade; to provide for4
applicability of compulsory school attendance laws and rules; to provide for related matters;5
to provide for contingent effectiveness; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and9
secondary education, is amended in Code Section 20-2-150, relat ing to eligibility for10
enrollment for educational programs, by revising subsection (c) as follows:11
"(c) All children enrolled for 20 school days or more in the pu blic schools of this state12
prior to their seventh fifth birthday shall become subject to all of the provisions of this13
article, the provisions of Code Sections 20-2-690 through 20-2- 701, and the rules and14
regulations of the State Board of Education relating to compulsory school attendance even15
though they have not attained seven five years of age."16
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SECTION 2.17
Said chapter is further amended in Code Section 20-2-151, relat ing to general and career18
education programs, by revising paragraph (1) of subsection (b) as follows:19
"(1)(A) All local school systems may shall offer a full-day kindergarten program. For20
purposes of this subsection, the term 'full-day kindergarten program' means a student21
is provided classroom instruction for a minimum of four and one-half hours daily for22
a 180 day school year, or the equivalent thereof as determined in accordance with State23
Board of Education guidelines.24
(B) Except as otherwise provided by law, all children shall at tend a full-day25
kindergarten program for one school year prior to enrolling in first grade. The purposes26
of such It is the policy of this state that the purposes of the kindergarten program shall27
be to provide all children with an equal opportunity to become prepared for a successful28
first grade experience and to acquire the foundation for academic progress throughout29
the students' educational careers. To be eligible for enrollme nt in a state supported30
kindergarten program, a child must attain the age of five by Se ptember 1, except as31
otherwise provided by subsection (b) of Code Section 20-2-150;"32
SECTION 3.33
Said chapter is further amended in Code Section 20-2-690.1, rel ating to compulsory34
education for children between ages six and 16 and voluntary wi thdrawal, by revising35
subsection (b) as follows:36
"(b) Each child in this state shall be required to attend a public school, a private school, or37
a home study program between his or her sixth fifth and sixteenth birthdays. Such38
compulsory attendance shall not apply to any child who has succ essfully completed all39
requirements for a high school diploma or state approved high school equivalency (HSE)40
diploma."41
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SECTION 4.42
This Act shall become effective only upon the effective date of a specific appropriation of43
funds for purposes of this Act, as expressed in a line item making specific reference to such44
Act in a General Appropriations Act enacted by the General Assembly.45
SECTION 5.46
All laws and parts of laws in conflict with this Act are repealed.47
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