RELATING TO EDUCATION; ALLOWING CERTAIN CHILDREN WHO ARE NOT SCHOOL AGE TO ATTEND KINDERGARTEN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 22-12-5 NMSA 1978 (being Laws 1967, Chapter 16, Section 172, as amended) is amended to read:

"22-l2-5. SCHOOL ATTENDANCE.--

A. Local school boards may admit school-age persons who do not live within the school district to the public schools within the school district when there are sufficient school accommodations to provide for them.

B. Local school boards may permit school-age persons to transfer to a school outside the child's attendance zone but within the school district when there are sufficient school accommodations to provide for them.

C. Local school boards may charge a tuition fee for the right to attend public school within the school district only to those school-age persons who do not live within the state. The tuition fee shall not exceed the amount generated by the public school fund for a school-age person similarly situated within the school district for the current school year.

D. When the parent or guardian of a student not living in the state pays an ad valorem property tax for school purposes within the district, the amount of the tuition payable for the school year shall be reduced by the district average ad valorem tax per pupil as determined by the ad valorem tax credit utilized in calculating the state equalization guarantee distribution.

E. Local school boards may admit any person who is not school age but who is at least five years of age prior to 12:01 a.m. December 31 of the calendar year into kindergarten; provided that there is classroom space available and that the school district determines that the child is sufficiently mature and capable to enter kindergarten."