North Carolina § 115C-364 - Admission requirements.

§ 115C-364. Admission requirements.

A child who is presented for enrollment at any time during the first 120 days of a school year is entitled to initial entry into the public schools if: The child reaches or reached the age of 5 on or before August 31 of that school year; or The child did not reach the age of 5 on or before August 31 of that school year, but has been attending school during that school year in another state in accordance with the laws or rules of that state before the child moved to and became a resident of North Carolina. The child did not reach the age of five on or before August 31 of that school year, but would be eligible to attend school during that school year in another state in accordance with the laws or rules of that state, if all of the following apply: The child's parent is a legal resident of North Carolina who is an active member of the uniformed services assigned to a permanent duty station in another state. The child's parent is the sole legal custodian of the child. The child's parent is deployed for duty away from the permanent duty station. The child resides with an adult who is a domiciliary of a local school administrative unit in North Carolina as a result of the parent's deployment away from the permanent duty station. A local board may allow a child who is presented for enrollment at any time after the first 120 days of a school year to be eligible for initial entry into the public schools if: The child reached the age of 5 on or before August 31 of that school year; or The child did not reach the age of 5 on or before August 31 of that school year, but has been attending school during that school year in another state in accordance with the laws or rules of that state before the child moved to and became a resident of North Carolina. The initial point of entry into the public school system shall be at the kindergarten level. If the principal of a school finds as fact subsequent to initial entry that a child, by reason of maturity can be more appropriately served in the first grade rather than in kindergarten, the principal may act under G.S. 115C-288 to implement this educational decision without regard to chronological age. The principal of any public school shall require the parent or guardian of any child presented for admission for the first time to that school to furnish (i) a certified copy of the child's birth certificate, which shall be furnished by the register of deeds of the county having on file the record of the birth of the child, or other satisfactory evidence of date of birth, as provided in Article 4 of Chapter 130A of the General Statutes and (ii) a certificate of immunization as required by G.S. 130A-155. A child who has passed the fourth anniversary of the child's birth on or before April 16 may enter kindergarten if the child is presented for enrollment no later than the end of the first month of the school year and if the principal of the school finds, based on information submitted by the child's parent or guardian, that the child is gifted and that the child has the maturity to justify admission to the school. The State Board of Education shall establish guidelines for the principal to use in making this finding. History (1955, c. 1372, art. 19, s. 2; 1969, c. 1213, s. 4; 1973, c. 603, s. 3; 1981, c. 423, s. 1; 1983, c. 656, s. 1; 1997-204, s. 1; 1997-269, s. 1; 2007-173, s. 1; 2010-111, s. 2; 2011-388, s. 2.) Cross References. - As to the use and confidential nature of actual addresses of Address Confidentiality Program participants by boards of elections for election-related purposes, see G.S. 15C-8 . Editor's Note. - Session Laws 2011-388, s. 1 provides: "This act may be cited as the 'Safe Students Act.'" Effect of Amendments. - Session Laws 2007-173, s. 1, effective July 4, 2007, and applicable beginning with the 2009-2010 school year, substituted "August 31" for "October 16" in subdivisions (a)(1), (a)(2), (b)(1), and (b)(2). Session Laws 2010-111, s. 2, effective July 20, 2010, added subdivision (a)(3). Session Laws 2011-388, s. 2, effective June 28, 2011, and applicable beginning with the 2011-2012 school year, in the last sentence of subsection (c), substituted "shall require" for "may require," inserted "(i)," and added "as provided in Article 4 of Chapter 130A of the General Statutes and (ii) a certificate of immunization as required by G.S. 130A-155 ." Legal Periodicals. - For article, "Casting off the Curse of God: Litigation Versus Legislation and the Educational Rights of Youth in North Carolina's Adult Criminal Justice System," see 91 N.C. L. Rev. 36 (2013).