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國民小學學齡兒童入學年齡列冊日期
2008/12/01,17:09

臺灣省政府教育廳             函                                 中華民國八十四年六月二十三日

                                                                                     八四教四字第六七三○六號

受文者:各縣市政府

正本:高雄縣政府

副本:教育部、各縣市政府、本廳第四科

主旨:國民小學學齡兒童入學年齡列冊日期仍請以八月三十一日為準,請      查照。

說明:

一、復    貴府八十四年六月十二日府教學字第一○三八五九號函。

二、依據強迫入學條例施行細則第二條規定,強迫入學期間自國民滿六歲開始至滿十五歲之該年度八月三十一日為止。且教育部亦曾於七十六年九月五日以台(76)國字第四一四○七號函釋示:「國民小學學齡兒童入學之計算及列冊日期應列至各該年度之八月三十一日為止」,而學年度之開學係自九月一日起至次年八月三十一日止,因此,新生入學年齡計至年度結束為止,于法理應無不合。

三、另檢視臺灣省國民中學學生學籍管理要點第二之(一)之3.「國中入學年齡,係自出生之日起計算至入學之學年度八月三十一日止……」及臺灣省國民小學學生學籍管理要點二之(七)之規定「學生自動離校……其學籍應保留至年滿十五歲之該年度八月三十一日為止。」兩項規定,有關入學年齡亦係配合學度計算。而據了解,各縣市政府大都遵循八月三十一日為基準日執行。

四、本案教育部既已函示由本廳依據法理及實際執行情形研議,綜上所析,仍請    貴府以八月三十一日為基準日辦理。

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