State Laws

Age eligibility for enrollment in nursery school and/or kindergarten programs.

Read it below or click to See it on the Maryland State Department of Education

Chart Reflecting Local School System Phase-in of Age of Eligibility for Enrollment in Public School Pre kindergarten, Kindergarten, and First Grade

Home Instruction

Comar Laws 13A.10.01.05 Governing home instruction under a umbrella

.05 Home Instruction Under Supervision of Nonpublic School.

A. A parent or guardian may provide instruction for a child at home without compliance with the requirements of this regulation, other than the requirements of Regulations .01B(1)(b) and .04 of this chapter, if that instruction is offered through correspondence courses and is under the supervision of a:

(1) School or institution offering an educational program operated by a bona fide church organization, and the supervision includes at a minimum all of the following components:

(a) Preenrollment conferences with parents or guardians,

(b) Textbooks, lesson materials, and other instructional materials or equipment designed to be used independently by the pupil at a site other than a school,

(d) Conferences with parents or guardians at appropriate intervals during the period of enrollment; or

(2) Nonpublic school with a certificate of approval from the State Board of Education, and the supervision includes at a minimum all of the following components:

(a) Textbooks, lesson materials, and other instructional materials or equipment designed to be used independently by the pupil at a site other than a school, and

(b) Assignment of a school-based teacher to assist the home teacher in using the correspondence courses and to assist the pupil by issuing progress reports, marking papers, and grading tests.

B. Annual Verification. The supervising nonpublic school or institution described in §A of this regulation annually shall:

(1) Verify with the local school superintendent the identification of home schooled students whose instruction is continuing under its supervision;

(2) Notify the local school superintendent of the identification of home schooled students whose instruction is newly added to its supervision; and

(3) Provide the local school superintendent with the identification of home schooled students whose instruction is no longer under its supervision.

C. Change in Status. The supervising nonpublic school or institution described in §A of this regulation shall notify the local school superintendent if a change occurs in the status of a home schooled student whose instruction was under its supervision during the school year.

13A.10.01.01 comar laws govern under the county

Authority: Education Article, §7-301, Annotated Code of Maryland

.01 Home Instruction Program.

A. Purpose. The purpose of this regulation is to establish a procedure to be used by the superintendent of each local school system to determine if a child participating in a home instruction program is receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.

B. Written Agreement. A parent or guardian who chooses to teach a child at home shall sign a statement on a form prescribed by the State Department of Education which:

(1) Indicates consent to the requirements set forth in §§C, D, and E; and

(2) Shall be submitted to the local superintendent at least 15 days before the beginning of a home instruction program.

C. Instruction Program. The home instruction program shall:

(1) Provide regular, thorough instruction in the studies usually taught in the public schools to children of the same age;

(2) Include instruction in English, mathematics, science, social studies, art, music, health, and physical education; and

(3) Take place on a regular basis during the school year and be of sufficient duration to implement the instructional program.

D. Educational Materials. A parent or guardian who chooses to teach a child at home shall maintain a portfolio of materials which:

(1) Demonstrates the parent or guardian is providing regular, thorough instruction during the school year in the areas specified in §C(1) and (2);

(2) Includes relevant materials, such as instructional materials, reading materials, and examples of the child's writings, worksheets, workbooks, creative materials, and tests;

(3) Shall be reviewed by the local superintendent or the superintendent's designee at the conclusion of each semester of the local school system at such times as are mutually agreeable to the local superintendent or designee and the parent or guardian.

E. A parent or guardian shall agree to permit a representative of a local school system to review the portfolio of educational materials, discuss the instructional program, and observe instruction provided that all of the following requirements are met:

(1) The review is at a time and place mutually agreeable to the representative of the local school system and the parent or guardian;

(2) The purpose of the review is to ensure that the child is receiving regular, thorough instruction as set forth in §C;

(3) There are not more than three reviews during a school year.

F. Additional Requirements. A local school system may not impose additional requirements for home instruction programs other than those in these regulations.

.02 Voluntary Participation in Standardized Testing.

Upon request of a parent or guardian, a child receiving home instruction may participate in the regularly scheduled standardized testing programs that are administered in the public school the child is eligible to attend.

.03 Noncompliance with Requirements.

A. Failure to Consent. If a parent or guardian does not agree to the requirements of Regulation .01B, C, and D, above, a child shall be enrolled promptly in a public school or nonpublic school as defined in COMAR 13A.09.09.02B(4)(a).

B. Deficiencies in the Program. If a local superintendent determines on the review of the home instruction program or inspection of the portfolio that a child is not receiving a regular, thorough instruction program in conformity with Regulation .01C and D, the local superintendent shall notify the parent or guardian in writing of any deficiencies in the program. The following apply:

(1) Within 30 days of receipt of notification of any deficiencies, the parent or guardian shall provide evidence to the local superintendent that the deficiency has been or is being corrected.

(2) If a local superintendent determines there is not a satisfactory plan to correct a deficiency or if a deficiency is not corrected, a child shall be enrolled promptly in a public school or a nonpublic school as defined in COMAR 13A.09.09.02B(4)(a).

.04 Placement in Public School.

Upon application of a child for admission to a public school from a home instruction program, the local superintendent shall determine by an evaluation the placement of the child and any credits to be awarded toward high school graduation. The evaluation may include administration of standardized tests and examinations and interviews with the child.

.05 Home Instruction Under Supervision of Nonpublic School.

A parent or guardian may provide instruction for a child at home without compliance with the requirements of this regulation, other than the requirements of Regulations .01B(2) and .04, if that instruction is offered through correspondence courses and is under the supervision of a:

A. School or institution offering an educational program operated by a bona fide church organization, and the supervision includes at a minimum all of the following components:

(1) Pre enrollment conferences with parents or guardians,

(2) Textbooks, lesson materials, and other instructional
materials or equipment designed to be used independently
by the pupil at a site other than a school,

(3) Annual visits by supervisory personnel to the site where
the pupil is receiving instruction, and

(4)Conferences with parents or guardians at appropriate
intervals during the period of enrollment; or

B. Nonpublic school with a certificate of approval from the
State Board of Education, and the supervision includes at a
minimum all of the following components:

(1) Textbooks, lesson materials, and other instructional materials or equipment designed to be used independently by the pupil at a site other than a school, and

(2) Assignment of a school-based teacher to assist the home teacher in using the correspondence courses and to assist the pupil by issuing progress reports, marking papers, and grading tests.

Administrative History

Effective date: July 1, 1984 (11:12 Md. R. 1064)

Regulations .01 – .04 repealed effective July 27, 1987 (14:15 Md. 1661)

Regulations .01—..05 adopted effective July 27, 1987 (14:15 Md. R. 1661)

Regulation.05 amended effective January 15, 1989 (15:27 Md. R.3137); December 23, 1991 (18:25 Md.R.2758)

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Annotated Code of Maryland, Education Article,
§ 7-301, Compulsory attendance.

(a) Who must attend. -

(1) Except as otherwise provided in this section, each child who resides in this State and is 5 years old or older and under 16 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age.

(2) In accordance with regulations of the State Board of Education, a child who resides in this State and is 5 years old may be exempted from mandatory school attendance for 1 year if the child's parent or guardian files a written request with the local school system asking that the child's attendance be delayed due to the child's level of maturity.

(3) Except as provided in subsection (f) of this section or in regulations of the State Board of Education, each child who resides in this State shall attend a kindergarten program regularly during the school year prior to entering the first grade unless the child is otherwise receiving regular, thorough instruction in the skills and studies usually taught in a kindergarten program of a public school.

(b) Excused absences. - A county superintendent, school principal, or an individual authorized by the county superintendent or principal may excuse a student for a lawful absence.

(c) Duty of parent or guardian. - Each parent who has legal custody or crae and control of a child who is 5 years old or older and under 16 shall see that the child attends school or receives instruction as required by this section.

(d) Application of section. -

(1) This section applies to any child who has a mental, emotional, or physical handicap.

(2) This section does not apply to a child:
(i) Whose mental, emotional, or physical condition makes his instruction detrimental to his progress; or
(ii) Whose presence in school presents a danger of serious physical harm to others.

(3) With the advice of the school principal, supervisor, pupil personnel supervisor, or visiting teacher and with the written recommendation of a licensed physician or a State Department of Education certified or licensed psychologist, the county superintendent may:
(i) Make other appropriate provisions for the free education of any student excepted from attendance under paragraph (2) of this subsection; or
(ii) Permit the parents or guardians of that student to withdraw him from public school, for as long as the attendance of the child in a public school would be detrimental to his progress or his presence in school would present a danger of serious physical harm to others.

(4) If a child is withdrawn from a public school under this subsection, the county board shall make other appropriate provisions for the education of the child.

(5) If an appropriate educational placement is not available immediately, the county board shall make interim provisions for the education of the child until an appropriate placement becomes available.

(e) Penalties. -

(1) Any person who induces or attempts to induce a child to absent himself unlawfully from school or employs or harbors any child who is absent unlawfully from school while school is in session is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.

(2) Any person who has legal custody or care and control of a child who is 5 years old or older and under 16 who fails to see that the child attends school or receives instruction under this section is guilty of a misdemeanor and:
(i) For a first conviction is subject to a fine not to exceed $50 per day of unlawful absence or imprisonment not to exceed 10 days, or both; and
(ii) For a second or subsequent conviction is subject to a fine not to exceed $100 per day of unlawful absence or imprisonment not to exceed 30 days, or both.

(3) As to any sentence imposed under this subsection, the court may suspend the fine or the prison sentence and establish terms and conditions which would promote the child's attendance. The suspension authority provided for in this subsection is in addition to and not in limitation of the suspension authority under Article 27, § 641A of the Code.

(f) Exemption from attending kindergarten. - A child may be exempted from attending kindergarten if a parent or guardian of the child files a written request with the local school system and verifies that the child is enrolled:
(1) Full time in a licensed child care center;
(2) Full time in a registered family day care home; or
(3) Part time in a Head Start 5 year old program.
(g) Minimum days or hours for kindergarten programs. - Kindergarten programs are not subject to the requirements of § 7-103 (a) of this title relating to minimum days or hours of operation.

Fact Sheet Regarding the Mandatory Kindergarten Attendance Law

Revised 11/01/02

1. What does the mandatory kindergarten attendance law require?
The mandatory kindergarten attendance law requires a child who resides in Maryland to attend a public or nonpublic kindergarten program regularly during the school year before entering the first grade, unless the child is enrolled in an alternative program or is receiving home instruction as specified in question #4 of this fact sheet.

2. Does the change in the age of eligibility for enrollment in kindergarten affect the admissions criteria of a nonpublic school?

Yes. The change in the age of eligibility for enrollment in kindergarten affects nonpublic schools as follows:

Nonpublic schools that are approved under COMAR 13A.09.10 to receive public pay students are required to adopt the age of eligibility dates shown on the "Chart Reflecting Local School Phase-in of Age of Eligibility for Enrollment in Public School Pre kindergarten, Kindergarten, and First Grade."

Nonpublic schools that hold a Certificate of Approval under COMAR 13A.09.09 and church-exempt schools that are registered with the Maryland State Department of Education may elect to follow the "Chart Reflecting Local School Phase-in of Age of Eligibility for Enrollment in Public School Pre- kindergarten, Kindergarten, and First Grade" when establishing the age of eligibility for enrollment in its kindergarten, or may independently establish dates of age of eligibility for enrollment in its kindergarten. For example, for the school years preceding the 2007-2008 school year, these nonpublic schools may establish September 1 as the date by which a child must be 5-years-old to be age eligible to enroll in its kindergarten.

For the 2007-2008 school year and thereafter, all nonpublic schools must establish September 1 as the date by which a child must be 5-years-old to be age eligible to enroll in its kindergarten.

3. Does attendance in a nonpublic kindergarten satisfy the requirements of this law?

Yes. Attendance in any of the following nonpublic kindergarten educational programs satisfies the requirements of the mandatory kindergarten attendance law:

(a) A kindergarten educational program in a nonpublic school that holds a Certificate of Approval from the Maryland State Board of Education;

(b) A kindergarten educational program in a licensed child care center that holds a Certificate of Approval from the Maryland State Board of Education for its educational program; or

(c) A kindergarten educational program in a church-exempt nonpublic school that is registered with the Maryland State Department of Education as exempt from the requirement to hold a Certificate of Approval because the Legal Authority responsible for governing and operating the school is a bona fide church organization.

4. Are there ways to satisfy the mandatory kindergarten attendance law other than by attending a public or nonpublic kindergarten?

Yes. The mandatory kindergarten attendance regulations permit kindergarten-age children who are not attending a public or a nonpublic kindergarten to be enrolled in either an alternative program setting or supervised home instruction.

(a) Alternative Program Setting:

(i) Full time in a licensed child care center;
(ii) Full time in a registered family day care home; or,
(iii) Part time in a Head Start 5-year-old program.

(b) Supervised Home Instruction
Parents/guardians who home school their children must register with their local school system in order to be in compliance with home instruction regulations.

Note well: The parent or legal guardian who elects to meet the mandatory school attendance requirement through (a) or (b) above must file a written notification of this fact with the local public school system.

5. Can kindergarten be deferred on the basis of maturity?

Yes. State Board of Education regulations allow parents/guardians to file a request for a one year level of maturity waiver for a kindergarten-age child, if the parents/guardians believe that a delay in kindergarten attendance is in the best interest of their child. Such a child, however, must attend kindergarten the next school year.

6. What must a parent or guardian do to defer kindergarten attendance for one year?
If a parent wants to defer a child’s enrollment in kindergarten for one year due to the child’s level of maturity, the parent must do the following:

(a) File a written request with the local Superintendent of Schools before the opening of the school year in which the child becomes 5-years-old, asking that the child’s attendance be delayed due to the child’s level of maturity.

(b) Register that child in kindergarten the following school year.

7. Will enrollment of a 5-year-old in a nonpublic nursery school program for 4-year-olds satisfy the requirement of the mandatory kindergarten attendance law?

No. Enrollment of a 5-year-old in a nonpublic nursery school educational program approved by the State Board of Education for 4-year-olds and/or below does not satisfy the requirements of the mandatory kindergarten attendance law.

8. When a parent or guardian believes that it is in the best interest of a child who is enrolled in kindergarten to be withdrawn, what must the parent do?

If a parent or guardian feels that it is in the best interest of the child to be withdrawn from kindergarten, the parent or guardian must file a written request with the local Superintendent of Schools for a level of maturity waiver before withdrawing the child from kindergarten. This action delays kindergarten attendance until the following school year.

Chart Reflecting Local School System Phase-in of
Age of Eligibility for Enrollment in
Public School Pre kindergarten, Kindergarten, and First Grade

· For the 2007-2008 school year, a child must be five years old by September 1, 2007 to be age eligible to enroll in a public or nonpublic school kindergarten.

· Local school systems will use the dates indicated on the chart below for the phase-in of children entering pre kindergarten programs, kindergartens, and first grade to be consistent with the change in the age of eligibility for enrollment in kindergarten.

· A nonpublic school approved under COMAR 13A.09.10 to receive public pay students must follow this chart.

· A nonpublic school approved under COMAR 13A.09.09 and church-exempt schools may follow this chart, or may independently establish dates of age eligibility for enrollment in nursery school and/or kindergarten programs.

	2002-2003	2003-2004	2004-2005	2005-2006	2006-2007	2007-2008
Pre-K	4 by 11/30/02	4 by 10/31/03	4 by 9/30/04	4 by 9/1/05	4 by 9/1/06
Kgn.		5 by 11/30/03	5 by 10/31/04	5 by 9/30/05	5 by 9/1/06	5 by 9/1/07
Gr.1			6 by 11/30/04	6 by 10/31/05	6 by 9/30/06	6 by 9/1/07