Dear Judy,

My client wants to withdraw her child from kindergarten because of child care problems. Is this allowed?

Social Worker

Dear Social Worker,

Withdrawing a child from kindergarten has no legal obstacles, but it does have other consequences for the child. It's hard to believe, but in New York State, like most other states, kindergarten is not mandatory. In fact, only 13 states have legislated mandatory kindergarten. Compulsory school age in New York State begins at six, but elsewhere in the US, many states start requiring school attendance at age seven, or even as old as eight ( in Pennsylvania.)

I do not recommend doing without kindergarten or withdrawing in the middle of the year. These days, most kids in New York City schools have been in day care or pre-kindergarten (which in 2010 is the equivalent of what kindergarten used to be). Today's kindergartners learn what 1st-graders used to - how to read and write and do arithmetic. Generally kindergarten teachers pay more attention to academics and less to play than they used to.

Good kindergartens do not eliminate play, because that's the way for young children to solidify their understanding of the world and the social relationships they encounter in school. If the child is out of school, she not only misses out academics, but on important interactions with other kids.<!--more-->

If your client withdraws, she should confer with the principal, and make sure that the school does not peg her child as a truant even if attendance is not compulsory. In fact, she should enlist the school to help in finding an alternate placement with convenient child care - especially if this is the child's zoned school and she will have to wrestle with the problem in 1st grade next year. If a change in location will solve the problem, she should request a placement exception at the local enrollment office.

By the way, kindergartenand 1st grade registration is now underway for next year and it may be a good time for your client to make plans. Directories for school districts that offer choice should be available at your local school, and also online.

Incidentally, if you are interested in working to make kindergarten mandatory, check Assembly Bill A08042 and Senate Bill,S4555, which are currently in the education committees of each house of the state legislature.

Judy