Zweifel v. Joint Dist. No. 1, Belleville

ABRAHAMSON, J.

(dissenting). The majority concludes that uniformity requires:

(1) That a child be given the opportunity to apply to kindergarten for early admission;

(2) that the school board consider the application; and

(3) that the school board in the exercise of its discretion make a final decision on the early admission of a child.

The majority further concludes that “the school board exercised its discretion in determining not to admit Kyle as an early kindergarten enrollee” and that “under no circumstances can it be said that the board abused its discretion.”

Unfortunately the majority opinion does not set forth the criteria or standards which the school board should or did apply in making its decision. I, therefore, find it difficult to understand how the majority could then review the board’s decision and find no abuse of discretion.

The school superintendent set forth his list of five reasons upon which he believed the school board rested its decision (see text of the majority opinion at footnote 1). Three reasons on their face could not support the board’s decision. One reason given was that the board did not want to set a precedent for other early admission requests. This reason indicates that the board believed it could have a simple, flat rule prohibiting all early admissions. The majority opinion holds otherwise; the court says the board must exercise its discretion on an individual basis. Second, the board rejected the early admission because the district had no special programs for gifted students. This factor is irrelevant in a decision on early admission to kindergarten. The issue was whether this four-year old was sufficiently mature to fit into the regular five-year old kindergarten. The issue was not whether a special program was required for the child. *661Third, the board is said to have considered the lack of state aids. State aid is not significant. Sufficiency of funds is. There is nothing in the record showing that the school board considered whether it had sufficient funds or facilities for this child in this kindergarten at this time.

The other two reasons put forth by the superintendent related to the board’s concern for the child’s social, emotional and physical ability to attend kindergarten. Although these considerations are clearly relevant and could support the board’s decision, the record does not show whether the board rested its decision on the individual child’s ability or on one or more of the other reasons given or whether its decision would have been the same had one or more of the reasons given been eliminated. Cf. Snajder v. State, 74 Wis.2d 303, 316, 246 N.W.2d 665 (1976). Also, it should be noted that Judge Maloney’s questioning of the witnesses brought out clearly that the only credible evidence in the record and before the board was that the child was ready for kindergarten. I could find nothing in the record to support a finding that the child was not ready for kindergarten. Nevertheless, the school board, and not this court, should exercise discretion on each child’s application, and the school board, not this court, should establish and disseminate to parents in the district the standards and criteria to be applied by the board in reviewing all applications for early admission.

As I write this dissent I am fully aware that the school year is nearly over and the result of this case is therefore substantially meaningless to Kyle, the person most concerned. Nevertheless, for the limited time available to Kyle and for future Kyles, I would remand this case to the board (1) to set forth the standards and criteria for determining admission of children at an early age to kindergarten; (2) to exercise its discretion as to the admission of Kyle in accordance with the established *662standards and criteria; and (3) to set forth the bases of its decision as to Kyle.

I am authorized to state that Mr. Justice Heffernan joins in this dissent.