CHAPTER 449

FORMERLY

SENATE BILL NO. 577

AN ACT TO AMEND TITLE 10, TITLE 11, TITLE 14 AND TITLE 31 OF THE DELAWARE CODE RELATING TO PARENTS AND CHILDREN; AND PROVIDING CRITERIA IN CERTAIN CASES FOR THE DEFINITION OF TRUANT BEHAVIOR AND TRUANCY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §901, Chapter 9, Part I, Title 10

of the Delaware Code by adding thereto a new subsection, designated as subsection (14), which new subsection shall read as follows:

"(14) 'Truancy' or 'truant' shall refer to a child who has been absent from school without valid excuse for more than three days, or who has had an unreasonable amount of intermittent attendance or tardiness without valid excuse. If a parent, to ensure the safety and welfare of his child, fails to cause the child to attend school, such child is not truant."

Section 2. Amend §1103, Chapter 5, Part I, Title 11

of the Delaware Code by adding thereto a new subsection, designated as subsection (c), which new subsection shall read as follows:

"(c) 'Truancy' or 'truant' shall refer to a child who has been absent from school without valid excuse for more than three days, or who has had an unreasonable amount of intermittent attendance or tardiness without valid excuse. If a parent, to ensure the safety and welfare of his child, fails to cause the child to attend school, such child is not truant."

14 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§2702. Compulsory Attendance Requirements.

(a) Except as otherwise set forth in this section, every person in the State having control of a child between six years of age and sixteen years of age shall send such child to a free public school, in the district of the residence of the parents, except as determined in accordance with Chapter 6 of this Title, and shall send the child to such school each day of the minimum school term of 180 days beginning on the first day of the school year of the calendar year in which the child reaches six years of age, unless the local school authorites determine that such beginning is not in the best interests of the child.

(b) If a parent, to ensure the safety and welfare of the child fails to cause the child to attend school, such child is not a truant."

Section 4. Amend §2706, Chapter 27, Part II, Title

14 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

"§2706. Absences and Truancy.

Subject to the rules and regulations of the local school board, pupils enrolled in the free public schools may be excused by the Superintendent of Schools or persons authorized by him.

If a parent, to ensure the safety and welfare of his child, fails to cause the child to attend school, such child is not truant. Except as otherwise stated in this section, 'truancy' or 'truant' shall refer to a child who has been absent from school without valid excuse for more than three days, or who has had un unreasonable amount of intermittent attendance or tardiness without valid excuse."

Section 5. Amend §2711, Chapter 27, Part II, Title

14 of the Delaware Code by striking said section in its entirety.

Section 6. Amend §301, Chapter 3, Part I, Title 31

of the Delaware Code by adding thereto a new subsection, designated as subsection (4), which new subsection shall read as follows:

"(4) 'Truancy' or 'truant' shall refer to a child who has been absent from school without valid excuse for more than three days, or who has had an unreasonable amount of intermittent attendance or tardiness without valid excuse. If a parent, to ensure the safety and welfare of his child, fails to cause the child to attend school, such child is not truant."

Approved June 10, 1976