WILLIAM DONALD SCHAEFER, Governor                         Ch. 321

WHEREAS,—The General Assembly desires to clarify that Chapter 163 of the Acts
of the General Assembly of 1991 only intended the population receiving kindergarten
services to include all 5-year-olds and did not alter or intend to alter the manner in which
schools administer kindergarten programs; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That, notwithstanding any other provision of law, the provisions of §
7-103 of the Education Article of the Annotated Code may not be construed to apply to
the administration of kindergarten programs.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Education

7-301.

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

(c)     Each person who has under his control 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)     (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.

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