CHAPTER 290

FORMERLY

HOUSE BILL NO. 602

AS AMENDED BY HOUSE AMENDMENT NO. 3

AN ACT TO AMEND DELAWARE CODE TITLES 14, 10, 11 AND 31 RELATING TO PUBLIC SCHOOL TRUANCY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subsection 122(11), Title 14, Delaware Code, by deleting the words ", always giving due consideration to the welfare of the children as well as to the needs of the parent or guardian, or persons having control of such children, and providing that no child shall be excused for cause other than illness or physical or mental incapacity that shall reduce the attendance of the child to less than 120 days of each school year" as they appear therein.

Section 2. Amend §2702, Title 14, Delaware Code, by deleting Subsection (b) in its entirety.

Section 3. Amend §2703, Title 14, Delaware Code, by deleting from Subsection (a) the words "prescribed for the elementary schools of the State" and inserting in lieu thereof the words "prescribed for the public schools of the State."

Section 4. Amend §2706, Title 14, Delaware Code, by deleting all of Subsection (b) and inserting in lieu thereof a new Subsection (b) which shall read as follows:

"(b) 'Truancy' or 'Truant' shall refer to a pupil enrolled in grades 1 through 12 inclusive who has been absent from school without valid excuse, as defined in Rules and Regulations of the State Board of Education, for more than three (3) days, or the equivalent thereof during a given school year."

Section 5. Amend Title 14, Delaware Code, by deleting Section 2709 in its entirety and substituting in lieu thereof a new 52709 which shall read as follows:

"§2709. Penalties; Jurisdiction

(a) Any person In the State having control over a child as identified in §2702 of this Title who violates the provisions of §2702 shall be fined not less than 55.00 for the first such offense and not less than $25.00 nor more than $50.00 for each subsequent offense In a given school year. In default of payment of such fine, the defendant may be imprisoned for not more than two (2) days for the first offense and not more than five (5) days for the second offense.

(b) Justices of the Peace shall have jurisdiction of offenses under this section.

(c) Any pupil 16 years of age or older who is truant, as defined in §2706 of this Title, on more than 3 separate occasions during I school year may be expelled from school by the board of education of the school district for the remainder of the school year."

Section 6. AMEND Title 14, Delaware Code, by adding thereto a new §2713 which shall read as follows:

§2713. Ressionsibility of Police Officers

(a) Any pupil under the age of 16 identified by a police officer as being off school property without official authorization may be returned to his/her home school.

(b) Any pupil under the age of 16 identified by a police officer as being off school property without official authorization may be detained by the police for a period not to exceed 2 hours for the purpose of notification of parent or guardian. This detention may be within the police station but not in a criminally confined area."

Section 7. Amend §901, Title 10, Delaware Code, by deleting Subsection (14) and inserting in lieu thereof a new Subsection (14) which shall read as follows:

"(14) Truancy' or Truant' shall refer to a pupil enrolled in grades I through 12 inclusive who has been absent from school without valid excuse, as defined in Rules and Regulations of the State Board of Education, for more than three (3) days or the equivalent thereof during a given school year."

Section 8. Amend §1103, Title 11, Delaware Code, by deleting Subsection (c) in its entirety and inserting in lieu thereof a new Subsection (c) which shall read as follows:

"(c) Truancy' or Truant' shall refer to a pupil enrolled in grades 1 through 12 inclusive who has been absent from school without valid excuse, as defined in Rules and Regulations of the State Board of Education, for more than three (3) days or the equivalent thereof during a given school year."

Section 9. Amend §301, Title 31, Delaware Code, by deleting Subsection (4) in its entirety and inserting in lieu thereof a new Subsection (4) which shall read as follows:

"(14) 'Truancy' or Truant' shall refer to a pupil enrolled in grades 1 through 12 inclusive who has been absent from school without valid excuse, as defined in Rules and Regulations of the State Board of Education, for more than three (3) days or the equivalent thereof during a given school year."

Section 10. If the provisions of this Act are inconsistent with any other statutes within the Delaware Code, said statutes are hereby repealed to the extent of their inconsistency.

Approved June 29, 1982.