CHAPTER 23

FORMERLY

HOUSE BILL NO. 56

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TRUANCY COURT JURISDICTION AND PROCEEDINGS IN THE JUSTICE OF THE PEACE COURT.

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 § 2703, Chapter 27 of Title 14 of the Delaware Code by adding the following sentence at the end of the Section:

“Notwithstanding the foregoing, the Justice of the Peace Court may retain jurisdiction over any case of truancy filed pursuant to § 2729 (failure to send) or § 2730 (failure to attend) of this Title prior to a student withdrawing from the public school bringing the charge and enrolling in a private or non-public school of this State.”.

Section 2. Amend § 2731(a), Chapter 27 of Title 14 of the Delaware Code by eliminating the word “or” between the words “age” and “marital” and replacing it with a comma “,”.

Section 3. Further Amend § 2731(a), Chapter 27 of Title 14 of the Delaware Code by adding the language “or choice of educational source or location” between the word “status” and the period “.” at the end of the subsection.

Section 4. Amend § 2733, Chapter 27 of Title 14 of the Delaware Code by adding a new subsection (c) thereto to read as follows:

“(c) In the event that a student withdraws from school for any reason other than age and does not re-enroll in another public school, the Court, in its discretion, may retain jurisdiction for the purpose of ensuring that the student’s alternative educational environment was not an attempt to avoid the compulsory attendance requirements of § 2702 of this Title.”.

Approved May 15, 2007