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PACYNA v. BOARD OF EDUCATION

No. 293.

57 Wis.2d 562 (1973)

204 N.W.2d 671

PACYNA (Mrs. M. J.), Respondent, v. BOARD OF EDUCATION, JOINT SCHOOL DISTRICT No. 1, CITY OF STEVENS POINT and others, Appellants.

Supreme Court of Wisconsin.

Decided March 13, 1973.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Louis J. Molepske, city attorney.

For the respondent the cause was submitted on the brief of Crowns, Merklein, Midthun & Hill of Wisconsin Rapids.

Submitted under sec. (Rule) 251.54 February 1, 1973.

HALLOWS, C. J.

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...

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