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New York law states that a child must turn 5 on or before December 1 to enroll in kindergarten, and districts are not required to enroll students who do not meet that age requirement.
In New York City, children enter kindergarten in September of the calendar year they turn five. Children are guaranteed a kindergarten seat at a public school.
For Kindergarten through sixth grade, a student may have no more than (25) unexcused absences per year. A student may be denied grade advancement. For students in grades seven and eight, a student may have no more than (22) unexcused full day absences per year.
Kindergarten is not technically mandatory for students in New York. However, state and federal law require all children between the ages of 6 and 16 to attend school. Many educators and experts advise not skipping kindergarten.
Districts must admit children at the beginning of the school year (or whenever they move into a district) if they will be five years of age on or before September 1 (EC Section 48000[a]).
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Most middle schools serve children in grades 6 to 8, but a few start earlier or in the 7th grade. Charter schools (many of which begin in 5th grade) admit children by lotteries held in April, and applications are due April 1.
As part of Education Law, all children between the ages of 6 and 16 must attend school. Therefore, prekindergarten is not considered compulsory education.
Public schools follow a New York City mandate stating that children who turn five by December 31st of the entry year are eligible for kindergarten.
The Office of Early Learning is committed to best practices in instruction and assessment for all students. In New York State, each school district must conduct a screening for all new entrants.
Transitional kindergarten (TK) is a universally accessible and free program for age-eligible four-year-old children (to be available at no-cost to all four-year-old children by the 2025-26 school year) and parents may choose to enroll their children in a TK program or any other prekindergarten program for which the

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