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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

26 LC 49 2431 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 S. B. 438 - 1 - 26 LC 49 2431 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 S. B. 438 - 2 - 26 LC 49 2431 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 S. B. 438 - 3 -
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