4100 - Age Requirments for Initial Entry ## Age Requirements For Initial Entry

The Avery County Board of Education requires all students to meet the eligibility requirements for school admission established by the State and the board, including age. Any parent or legal guardian who is unclear whether age requirements are met is encouraged to contact the superintendent's office or the elementary school that the child is likely to attend.

A. Entitlement To Initial Entry

A child who is presented for enrollment at any time during the first 120 days of a school year will be considered eligible for initial entry in any of the following circumstances:

  1. the child reaches or reached the age of 5 on or before August 31 of that school year; 2. the child resided in another state and was attending school during that school year in accordance with that state's laws or rules prior to moving to North Carolina. (The child does not need to reach the age of 5 on or before August 31 in this circumstance.) 3. 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, and if all of the following apply: (a) 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; (b) The child’s parent is the sole legal custodian of the child (c) The child’s parent is deployed for duty away from the permanent duty station; and (d) 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.

B. Discretionary Enrollments

The board may allow a child to be enrolled in the following circumstances:

  1. the child is presented for enrollment after the first 120 days of a school year and meets one of the circumstances specified above for entitlement to initial entry; or

  2. the child reached the age of 4 on or before April 16; and the child is presented for enrollment no later than the end of the first month of the school year; and 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 school. In making such a determination, the principal will follow guidelines established by the State Board of Education. This local board regards

admission of a four-year-old to be an extraordinary measure and not to be used merely because the child is developmentally advanced.

C. Grade Level Of Initial Entry

The initial point of entry will be the kindergarten level. After initial entry, a principal may move the child to the first grade if the principal determines that by reason of maturity, the child can be served more appropriately in the first grade.

D. Evidence Of Age

The principal may require the parent or guardian of any child presented for admission for the first time to furnish a certified copy of the child's birth certificate or other competent and verifiable evidence of the child's date of birth. Such evidence may include, but is not limited to: (1) a certified copy of any medical record of the child’s birth issued by the treating physician or the hospital in which the child was born; or (2) a certified copy of a birth certificate issued by a church, mosque, temple or other religious institution that maintains birth records of its members.

A birth certificate or other satisfactory proof of age issued by a foreign country or institution will be accepted and treated in the same manner as comparable documents issued in the United States. School officials shall use such documents only for the purpose of establishing the age of the child and not to inquire about the citizenship or immigration status of the child, parent or guardian.

For a student who is in foster care or considered homeless, the inability to provide documentation must not prevent immediate enrollment of the student. School officials, or in the case of a homeless student, the homeless liaison, shall immediately contact the last school the student attended to obtain relevant enrollment records or other information needed for enrollment. These officials shall work with the student, the parent or guardian, school personnel, and other agencies as necessary to obtain enrollment information in a timely manner.

Legal References: Elementary and Secondary Education Act, 20 U.S.C. 6311(g) (1)(E); McKinney- Vento Homeless Assistance Act, 42 U.S.C. 11431 et seq.; G.S. 115C-288, -364; 130A-109; 16 N.C.A.C. 6E.0105, State Board of Education Policy GCS 20001-0-0J

Cross References: Homeless Students (policy 4125)

Adopted: 2001-01-08 Revised: 2007-11-13 2008-09-08 2009-09-14 2011-03-14 2016-07-14 2017-05-09