Pacyna v. Board of Education, Joint School District No. 1

The issue agreed upon is simply whether the school board’s policy which requires a child to reach his fifth birthday prior to September 1st of the school year for admittance to kindergarten is constitutional. Nancy Pacyna, who was four years old on September 1, 1971, but would be five years of age on November 4th, was refused admission to kindergarten on the grounds of her age and of early admission tests which showed her to be too immature to qualify under an exception to the age policy.

The school board contends because the establishment of a kindergarten is not mandatory and it has a right…