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31                       SECTION 32
32
33     TO AMEND SECTION 59-63-20, AS AMENDED,  OF THE 1976 CODE,  RELATING TO THE AGE OF ATTENDANCE FOR
34     THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO REVISE THE MANNER IN WHICH THE AGE RESTRICTIONS OF
35     THIS SECTION MAY BE WAIVED BY LOCAL SCHOOL BOARDS OF TRUSTEES, AND TO PROVIDE THAT THE COST



        PART II                                    PAGE 560

 1     OF ADMINISTERING THE APPROPRIATE TEST IN ORDER TO WAIVE THE ABOVE AGE RESTRICTIONS MUST BE
 2     PAID BY THE PARTY SEEKING THE WAIVER AND NOT BY THE SCHOOL DISTRICT.
 3     Amend Title to Conform
 4
 5     Section 59-63-20 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
 6
 7           "Section 59-63-20.  It is not lawful for any person who is less than five or more than twenty-one years of age to attend any of the public
 8     schools of this State, including kindergarten, except that:
 9           (1)  persons over twenty-one years of age may attend night schools;
10           (2)  when a pupil is in the graduating class and becomes twenty-one years of age before graduation, he is permitted to complete the
11     term if otherwise qualified to do so;
12           (3)  students may enter kindergarten in the public schools of this State if they will attain the age of five on or before September first
13     of the applicable school year or have substantially initiated a public school kindergarten program in another state that has a different
14     attendance age requirement from South Carolina;
15           (4)  students may not enter the first grade in the public schools of this State unless they will attain the age of six on or before September
16     first of the applicable school year or have substantially initiated a first grade program in another state that has a different attendance age
17     requirement from South Carolina or have attended a public school kindergarten program for one full school year;
18           (5)  the restrictions in this section may be waived by the local board of school trustees in any proper case. However, that if the
19     provisions of items (3) and (4) of this section are not complied with, the school district is not entitled to receive any state aid for any
20     students who fail to meet these requirements; should appropriate testing indicate the student is prepared to enter the first grade.  The cost
21     of administering such appropriate testing shall be provided for by the party seeking the age requirement waiver and not from funds
22     transmitted to school districts from state education funding;
23           (6)  four-year-olds may attend optional child development programs and all three-year-old, four-year-old, and five-year-old children
24     with disabilities in accordance with their individual education program, may participate in any public education preschool program,
25     including optional child development programs.  Children with disabilities served in four-year-old optional child development programs
26     may be counted for funding under both funding sources.
27           Any state funds generated pursuant to item (5) allowing students to attend first grade must be used to reimburse school districts for
28     the 1996-97 EFA shortfall."
29