CHAPTER 175

FORMERLY

HOUSE BILL NO. 186

AN ACT TO AMEND TITLE 10, 11, 14 AND 31 OF THE DELAWARE CODE RELATING TO TRUANCY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §202(c), Title 14 of the Delaware Code by inserting the term “, 5,” immediately following the phrase “Chapters 4” in said section.

Section 2. Amend §2702, Title 14 of the Delaware Code by redesignating subsections “(d)” and “(e)” thereof as subsections “(e)” and “(d)” respectively.

Section 3. Amend §2702(a)(1), Title 14 of the Delaware Code by inserting therin the phrase “, including any person acting as a caregiver pursuant to the provisions of §202(f) of this Title,” between the words “age” and “shall” as they appear therien.

Section 4. Amend §2702(a)(2), Title 14 of the Delaware Code by inserting therein the phrase “, including any person acting as a caregiver pursuant to the provisions of §202(f) of this Title,” between the words “student” and “who” as they appear therein.

Section 5. Amend §2702(f), Title 14 of the Delaware Code by striking the term “(d)(1)” where it appears therein and substituting in lieu thereof the term “(d)(2)”.

Section 6. Amend §2721, Title 14 of the Delaware Code by striking subsection (b) thereof in its entirety and substituting in lieu thereof the following:

“(b) ‘Parent’ means a biological or natural parent, an adoptive parent, a person legally charged with the care or custody of a person under 18 years of age, a person who has assumed responsibility for the care of a person under 18 years of age, or a person acting as a caregiver pursuant to the provisions of §202(f) of this Title who has enrolled the pupil in grades kindergarten through 12 of a public school in this State.”

Section 7. Amend §2721, Title 14 of the Delaware Code, by striking subsection (e) thereof in its entirety and by substituting in lieu thereof the following:

“(e) ‘School year’ means the period of attendance determined by a pupil’s local school board pursuant to §1049 of this Title, or in the case of a charter school as determined by the Board of Directors of the charter school consistent with the school’s charter, and any additional academic improvement activities identified in §2702(g) of this Title that a pupil may be required to attend during or following such period of attendance.”

Section 8. Amend §2721(h), Title 14 of the Delaware Code by deleting the words “Department of Education” and substituting in lieu thereof the following “district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of this Title, or in the case of a pupil enrolled in a charter school, by the Board of Directors of the charter school”.

Section 9. Amend §2722(a), Title 14 of the Delaware Code by adding the following sentence at the end thereof: “Pupils enrolled in charter schools may be excused by the principal of the school or persons authorized by him or her, subject to rules and regulations promulgated by the Board of Directors of the charter school.”

Section 10. Amend §4122(A), Title 14 of the Delaware Code by inserting the following words between the word “age” and the “.” at the end of said section: “including any person acting as a caregiver pursuant to the provisions of §202(f) of this Title”.

Section 11. Amend §4122(f), Title 14 of the Delaware Code by deleting “§2709” from the first sentence thereof and substituting “Subchapter II of Chapter 27” in lieu thereof.

Section 12. Amend §901(14), Title 10 of the Delaware Code by deleting the number “1” and substituting the word “kindergarten” in lieu thereof, and further amend §901(14), Title 10 of the Delaware Code by deleting the words “State Department of Education” and substituting “district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14 of this Code, or in the case of a pupil enrolled in a charter school, by the Board of Directors of the charter school” in lieu thereof.

Section 13. Amend §1103(d), Title 11 of the Delaware Code by deleting the same in its entirety and substituting the following in lieu thereof:

“(d) ‘Truancy’ or ‘truant’ shall refer to a pupil enrolled in grades kindergarten through twelve of a public school who has been absent from school for more than three school days during a school year without a valid excuse as defined in regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14 of this Code, or where a student is enrolled in a charter school, by the Board of Directors of the charter school.

Section 14. Amend §301(4), Title 31 of the Delaware Code by deleting the number “1” and substituting the word “kindergarten” in lieu thereof; and further amend §301(4) by deleting the words “State Board of Education” and substituting “district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14 of this Code, or in the case of a pupil enrolled in a charter school, by the Board of Directors of the charter school” in lieu thereof.

Approved July 17, 2003