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District of Columbia State Board of Education
441 4th Street NW, Suites 530S & 723N | Washington, DC 20001
(202) 741-0888 | sboe.dc.gov | sboe@dc.gov | @DCSBOE
June 18, 2026
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
The Kindergarten and Pre -Kindergarten Enrollment Flexibility Act of 2026 is enclosed for
consideration and enactment by the Council of the District of Columbia.
The State Board of Education approved this proposed bill for transmittal to the District of
Columbia Council by a vote of 9-0 on June 17, 2026.
If you or your staff have any questions about this legislation, please get in touch with me at (202)
741-0888 or bernice.butler@dc.gov.
On behalf of the State Board of Education, I respectfully request that the Council take prompt and
favorable action on the enclosed legislation.
Sincerely,
Bernice D. Butler
Executive Director
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A BILL
~~~
C hairman Phil Mendelson
on behalf of the State Board of
Education
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend compulsory school enrollment requirements to permit minors to defer
kindergarten enrollment for one year without being considered truant if they meet
specified criteria; and to permit parents with a child born June 16 through
September 30 with flexibility in applications and enrollment for public school
Pre-K3, Pre-K4 , and Kindergarten.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
That this act may be cited as the "K indergarten and Pre-Kindergarten Enrollment
Flexibility Act of 2026" .
TITLE I. COMPULSORY E DUCATION R EQU IREM ENT AMENDMENTS.
Sec. 101. Short title.
This title may be cited as the "Parental Choice in Kindergarten Deferral
Amendment Act of 2026".
Sec. 102. An Act to provide for compulsory school attendance, for the taking of a
school census in the District of Columbia, and for other purposes, approved February 4,
1925 (43 Stat. 806 ; D.C . Official Code§ 38-201 et seq.), is amended as follows:
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(a) Paragraph (4) of Section 1 of Article I is amended by striking the word 37
“September” and inserting the word “August” in its place. 38
(b) Section 1 of Article II is amended as follows 39
(1) Subsection (a) shall be renumbered as paragraph (a)(1). 40
(2) A new paragraph (a)(2) shall be added to read as follows: 41
“(2) Notwithstanding the requirements of paragraph (1) of this subsection, 42
a child who reached the age of 5 years or who will become 5 years of age, on or between 43
the dates of June 16th of the previous school year and September 30th of the current 44
school year, shall be exempt from the compulsory school attendance requirements, 45
provided that: 46
“(A) The parent, guardian, or other person, who resides 47
permanently or temporarily in the District and who has custody or control of the minor: 48
“(i) Notifies DCPS, in writing, of their decision to defer 49
kindergarten enrollment for one year and provides documentation verifying that the child 50
is enrolled: 51
“(I) Full-time in a childcare program licensed by the 52
District of Columbia, Maryland, or Virginia; or 53
“(II) Full-time in a pre-kindergarten class at a public 54
school, public charter school, or licensed private school in the District of Columbia, 55
Maryland, or Virginia; and 56
“(ii) The minor maintains enrollment in an institution 57
described in sub-subparagraph (i) of this subparagraph. 58
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“(B) The minor established residency in the District of Columbia 59
after the start date of the school year for kindergarten at DCPS.”. 60
TITLE II. KINDERGARTEN AND PRE-KINDERGARTEN APPLICATION 61
PROCESS AMENDMENTS. 62
Sec. 101. Short title. 63
This title may be cited as the "Flexibility in Kindergarten and Pre-Kindergarten 64
Applications Act of 2026". 65
Sec. 102. Notwithstanding D.C. Official Code § 38-781.02(b)(1) any parent, 66
guardian, or other person, who resides permanently or temporarily in the District and who 67
has custody or control of the minor, shall have the following rights in public school 68
enrollment and applications: 69
(a) A child who reached the age of 4 years or who will become 4 years of age, on 70
or between the dates of June 16th of the previous school year and September 30th of the 71
current school year, shall be allowed to enroll in either Pre-K3 or Pre-K4 at DCPS or DC 72
public charter schools; 73
(b A child who reached the age of 5 years or who will become 5 years of age, on 74
or between the dates of June 16th of the previous school year and September 30th of the 75
current school year, shall be allowed to enroll in either Pre-K4 or kindergarten at DCPS 76
or DC public charter schools; and 77
(c) A child who reached the age of 6 years or who will become 6 years of age, on 78
or between the dates of June 16th of the previous school year and September 30th of the 79
current school year, shall be allowed to enroll in either kindergarten or first grade at 80
DCPS or DC public charter schools. 81
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Sec. 103. The District shall update the public school lottery application process to 82
permit parents the ability to apply for enrollment in accordance with Section 102 of this 83
Act. 84
TITLE III. FISCAL IMPACT AND EFFECTIVE DATE 85
Sec. 301. Fiscal impact statement. 86
The Council adopts the fiscal impact statement in the committee report as the 87
fiscal impact statement required by section 4a of the General Legislative Procedures Act 88
of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a). 89
Sec. 302. Effective date. 90
This act shall take effect following approval by the Mayor (or in the event of veto 91
by the Mayor, action by the Council to override the veto), a 30-day period of 92
congressional review as provided in section 602(c)(1) of the District of Columbia Home 93
Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code §1-94
206.02(c)(1)), and publication in the District of Columbia Register. 95