Kids at unlicensed kindergartens won't be blocked from first grade

CARSON CITY -- The threat that children in unlicensed kindergartens may not be able to enter first grade in public schools next year has been removed.

Attorney General Frankie Sue Del Papa on Monday released a legal opinion that 6-year-olds will be eligible to undergo an assessment to see if they are ready for first grade, even if they attended a kindergarten that was not licensed by the state.

Assemblywoman Chris Giunchigliani, D-Las Vegas, who authored the mandatory kindergarten bill in 1997, said she was pleased Del Papa acted so quickly to resolve confusion over the law.

An estimated 450 children in Clark County could have been blocked from entering first grade in public schools next year. That would have delayed their education a year while they repeated kindergarten in a state-licensed school.

A 6-year-old who wants to enter first grade next year must have attended a public or licensed private school kindergarten. Children who have not will have to be screened to see if they are ready for first grade.

A legal interpretation of the law by staff in the Legislative Counsel Bureau said the 6-year-old child in unlicensed kindergartens would not be eligible for the assessment. Only the 7-year-olds who did not complete kindergarten would be qualified for the evaluation, according to the counsel bureau.

But Del Papa rejected that legislative interpretation.

"We believe changes made last session were intended to make kindergarten mandatory, not take away a parental choice regarding where a child receives kindergarten instruction," she said.

Giunchigliani said this should give some peace of mind to parents who entered their 5-year-olds in unlicensed kindergartens this year. The required assessment, she said, is to see if the child has the skills to learn to read and write.

Giunchigliani said the law was never intended to exclude the 6-year-olds next year from undergoing the evaluation to get into the first grade.

"We did not wish to penalize any student who was enrolled in a preschool program or unlicensed kindergarten program," Giunchigliani said. "The law does not prohibit a parent from requesting that their child, who attended an unlicensed program or was simply kept home this year, from being screened for readiness."

"We are pleased that this interpretation clarifies the additional options available to children and parents," said Mary Peterson, state superintendent of public instruction.

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