This is a case of miscommunication and a big mistake on the school district's part, claims the superintendent.
The mom says after going through the entire registration process she thought everything was fine and didn't realize she had missed an important date, because no one told her, now she says she's in a bind.
"The school called you need to go pick up Damien."
Melinda Davis said she thought the worst for her five-year-old son Damien, especially on his first day of Kindergarten at Nemo Vista Elementary in Center Ridge.
"I was like why what's going on, it kind of worried me at first," said Davis.
It was 2 o'clock in the afternoon when Davis got that call, telling her Damien couldn't stay at school because he wasn't old enough, he didn't turn five before August 1st.
But she says when she registered him she took his birth certificate, shot records and readiness evaluation all with his birth date on the copies, August 7th.
No one said anything and Damien started school.
"I was tickled."
But that call changed everything for her son and his excitement about first day of school.
"He was like what did I do? Did I do something wrong? I was like no baby you didn't do anything wrong," said Davis.
Nemo Vista School Superintendent Cody Beene admits the district made a mistake.
"He didn't make the age requirements to attend Kindergarten and we didn't recognize that until about 2 o'clock Monday afternoon," said Beene.
Beene says his office has no excuses -- except.
"It's just that first week before school a lot of things are going on."
Beene says there is pre-registration in April, so they have time to review all children's records, but rules are rules.
"I hate it for the family, I apologize for the mistake but i have to abide by the law," said Beene.
"That was something really simple and could have been avoided and not overlooked, but if something that simple is being overlooked what else is being overlooked."