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Requesting a Kindergarten Waiver

"Dear HSF!:

A previous post asked about starting a child in kindergarten who would miss the September birthday deadline for Frederick County. You said that for homeschoolers the date is December. I wanted to know if that date is a requirement. My son will be 5 next fall but I am not sure that he will be ready for kindergarten. Am I required to enroll him in kindergarten because he will be 5 before December or is that just an option?

Thanks,
HSF Reader"

Dear Reader,

Maryland law allows a parent to request a waiver to delay kindergarten start date for one year. I spoke with a representative at Maryland State Department of Education and with the Department of Student Services at FCPS. Both confirmed that it was a simple as submitting a request with the local homeschool authority (in our case, FCPS). Janet Noffsinger at FCPS said the forms to request a waiver are available at her office for pick up or they can be mailed to you if requested.

From the MSDE fact sheet:

"Does Maryland law permit a student of mandatory school age to be home schooled instead of attending a public or a nonpublic school?

Yes. Maryland law, Education Article, §7-301, Annotated Code of Maryland, Compulsory Attendance, states that each child who resides in Maryland 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 school to children of the same age."

"For questions about the requirements of the home instruction regulations and other matters of concern pertaining to home instruction, contact the Student Services and Alternative Programs Branch of the Maryland State Department of Education in Baltimore at (410) 767-0311."

From the MDSE website:

"Can kindergarten be deferred on the basis of maturity?"

Yes. State Board of Education regulations allow parents/guardians to file a request for a one-year level of maturity waiver for a kindergarten-age child, if the parents/guardians believe that a delay in kindergarten attendance is in the best interest of their child. Such a child, however, must attend kindergarten the next school year.

What must a parent or guardian do to defer kindergarten attendance for one year?

If a parent wants to defer a child's enrollment in kindergarten for one year due to the child's level of maturity, the parent must do the following:

(a) File a written request with the local Superintendent of Schools before the opening of the school year in which the child becomes 5-years-old, asking that the child's attendance be delayed due to the child's level of maturity, and

(b) Register that child in kindergarten the following school year." (For homeschoolers, you would file the intent to homeschool document with FCPS).

The Homeschool Legal Defense Association (HSLDA) cautions that counties can not request more info on their waiver request form than is required by Maryland law. Per FCPS, the form does not contain any additional justification beyond, "it is in the best interest of the child to delay school attendance.”

Thanks for asking this important question. I'm sure it will be helpful to other parents as well.

Sincerely,

Editor, HSF!