Prekindergarten enrollment would require children to be toilet trained

The proposed substitute would require a child to be toilet trained before enrolling in prekindergarten. This would apply to children enrolling in prekindergarten in their home district or in a district where they transferred under the Education Open Transfer Act. A parent or guardian would provide an assurance on a state-prescribed form when enrolling the child. A child unable to be toilet trained, or whose training is delayed, because of a disability recognized by an IEP or Section 504 plan would be exempt. The requirement is stated to begin with the 2025–2026 school year.

The State Department of Education would create a process for districts to follow when they determine a prekindergarten student is not toilet trained. The process would cover prekindergarten students whom a district determines are not toilet trained. The text defines a child as not toilet trained after three or more documented incidents of soiling or urinating over four weeks. The process would let districts temporarily withdraw the child and provide for the child’s return after toilet training; districts could also refer families to support and allow a parent, guardian, or designee to help with training. Children unable to be toilet trained, or whose training is delayed, because of a disability recognized by an IEP or Section 504 plan would be exempt from this subsection.