(a) The department shall establish and maintain kindergartens with a program of instruction as a part of the public school system; provided that:
(1) Attendance in kindergarten shall be mandatory, unless exempted by subsection (b) or section 302A-1132; and
(2) Charter schools shall not be excluded from mandatory participation in the program.
(b) Beginning with the 2014-2015 school year, any parent, guardian, or other person having the responsibility for, or care of, a child who will be at least five years of age on or before July 31 of the school year shall enroll the child in a public school kindergarten unless the child is enrolled at a private school or the child's attendance is otherwise exempt under section 302A-1132.
(c) The department may accept gifts to establish and maintain kindergartens.