Delaware General Assembly


CHAPTER 517

FORMERLY

SENATE BILL NO. 304

AS AMENDED BY SENATE AMENDMENT NOS. 2, 4 AND 5

AN ACT 1'O AMEND TITLE 14, DELAWARE CODE RELATING TO MANDATORY ATTENDANCE REQUIREMENTS FOR PUBLIC SCHOOL STUDENTS AND MANDATING SCHOOL RESPONSES TO STUDENT NON ATTENDANCE.

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

Section 1. Amend Section 2702 Chapter 27, Title 14, Delaware Code by adding the following subsections (c) and (d) thereto:

"(c) The following provisions shall be applicable in regard to statewide minimum mandatory attendance requirements in each school year for children in grades K through 5.

(1) Following the tenth day of unexcused absence by a student, the school shall immediately notify the parent(s) or guardian and a visiting teacher for the district skill visit the student's home;

(2) Following the 15th day of unexcused absence by a student the students parent(s) or guardian shall be notified by certified mail to appear at the school within ten days of notification for a conference and counseling.

(3) Following the 30th day of unexcused absence by a student, the school shall refer the case for prosecution.

(4) Following the completion of prosecution of the case and the subsequent failure of the student to return to school within five school days thereof, the school shall immediately notify the Department of Services for Children, Youth and Their Families requesting intervention services by the Department. The Department shall contact the family within ten business days.

(d) Each parent or guardian of a student shall sign a contract with the district agreeing they will make every reasonable effort to ( I ) have their child or children abide by the school code of conduct; (2) make certain their child attends school regularly, and (3) provide written documentation for the reasons for any absence."

Section 2. Each school district may adopt attendance requirements no less stringent than those established by Section 1 of this Act.

Approved July 17, 1996