CHAPTER 107

FORMERLY

HOUSE BILL NO. 109

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TRUANCY.

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

Section 1. Amend § 2728(a) of Title 14 of the Delaware Code by adding a new sentence at the end of the subsection as follows:

“When there is probable cause to find that a student is truant, probable cause to issue a warrant or summons for a parent shall exist when the parent is named as the parent or guardian on the student’s school records and the parent resides in Delaware.”.

Section 2. Amend § 2729(b) of Title 14 of the Delaware Code by adding after the first sentence the following:

“It shall also be an affirmative defense that the parent does not have legal custody of the student. Other affirmative defenses may be permitted as required in the interests of justice.”.

Approved July 7, 2005