22 Pa. Code § 11.14. Admission to kindergarten when provided.

§ 11.14. Admission to kindergarten when provided.

When kindergarten is provided, the board of school directors shall establish the district’s minimum entry age to kindergarten. The minimum entry age to kindergarten may not be less than 4 years, no months, before the first day of the school term. The district’s maximum entry age to kindergarten must be less than the district’s entry age for beginners.

Authority

   The provisions of this §  11.14 amended under section 1317(a) of The Administrative Code of 1929 (71 P.S. §  367(a)) (Repealed); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P.S. § §  13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

Source

   The provisions of this §  11.14 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (271458).

Notes of Decisions

   A child is not statutorily entitled to a kindergarten education, and enrollment in kindergarten does not, therefore, create a property interest on behalf of the student. O’Leary v. Wisecup, 364 A.2d 770 (Pa. Cmwlth. 1976).
   Age classification established by a district is valid if grounded on some reasonable basis, and the fact that the classification made by the state is not perfect or results in inequality in practice does not offend the Constitution. O’Leary v. Wisecup, 364 A.2d 770 (Pa. Cmwlth. 1976).
   Section 11.14 provides that the board of school directors shall establish the minimum entry age for kindergarten in the district. The term ‘‘board of school directors’’ in §  11.14 may not be construed to include the board of trustees at a cyber charter school. Therefore, a district is not obligated to fund a kindergarten program offered by a cyber charter school for a student who does not meet the minimum entry age requirement as set forth by the board of school directors. Slippery Rock Area School Dist. v. Pennsylvania Cyber Charter School, 31 A.3d 657, 665-67 (Pa. 2011).

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