§ 15.1-06-01 — Schools free and accessible - School ages

1. Each public school must be free, open, and accessible at all times to any child
provided:
a. The child may not enroll in grade one unless the child reaches the age of six
before August first of the year of enrollment;
b. The child may not enroll in kindergarten unless the child reaches the age of five
before August first of the year of enrollment; and
c. The child has not reached the age of twenty-one before August first of the year of
enrollment.
2. Notwithstanding subsection 1, a school district may not enroll in grade one a child who
is not six years old before August first, unless the child will be six years old before
December first and:
a. The child, by means of developmental and readiness screening instruments
approved by the superintendent of public instruction and administered by the
school district, can demonstrate academic, social, and emotional readiness; or
b. The child has completed an approved kindergarten program.
3. Notwithstanding subsection 1, a school district may not enroll in kindergarten a child
who is not five years old before August first unless the child will be five years old
before December first and the child, by means of developmental and readiness
screening instruments approved by the superintendent of public instruction and
administered by the school district, can demonstrate superior academic talents or
abilities and social and emotional readiness.
4. The requirements of this section are not applicable to the children of military families,
to the extent that the requirements conflict with enrollment provisions otherwise agreed
to by the state in the compact on educational opportunity for military children.