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SPONSOR: |
Rep. Heffernan & Sen. Sokola |
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Reps.
Atkins, Bolden, J. Johnson, Q. Johnson, Keeley, Longhurst, Mitchell,
Schooley, Scott, B. Short, Walker, D.E. Williams; Sens. Henry, Katz, Sorenson |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 244 |
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AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL ATTENDANCE. |
Section 1. Amend § 2702(a), Title 14 of the Delaware
Code by making insertions as shown by underlining and deletions as shown by
strikethrough as follows:
(a) Except as otherwise
provided, the following provisions are applicable to school attendance in this
State:
(1) Until
December 31, 2012, Eevery person in this State who has legal
custody, guardianship of the person, or legal control of a child between 5 and
16 years of age, including any person acting as a caregiver pursuant to the
provisions of §202(f) of this title, shall enroll the child in a public school
in the school district of the person's residence or in another school
district pursuant to the school district enrollment choice program as provided
in Chapter 4 of this title or in a charter school established pursuant to
Chapter 5 of this title.
(2) Effective
January 1, 2013, every person in this State who has legal custody, guardianship
of the person, or legal control of a child between 5 and 17 years of age,
including any person acting as a caregiver pursuant to the provisions of
§202(f) of this title, shall enroll the child in a public school in the school
district of the person's residence or in another school district pursuant to
the school district enrollment choice program as provided in Chapter 4 of this
title or in a charter school established pursuant to Chapter 5 of this title.
(3) Effective
January 1, 2014, every person in this State who has legal custody, guardianship
of the person, or legal control of a child between 5 and 18 years of age,
including any person acting as a caregiver pursuant to the provisions of
§202(f) of this title, shall enroll the child in a public school in the school
district of the person's residence or in another school district pursuant to
the school district enrollment choice program as provided in Chapter 4 of this
title or in a charter school established pursuant to Chapter 5 of this title.
(2)(4)
Every person who has legal custody, guardianship of the person, or legal
control of a student, including any person acting as a caregiver pursuant to
the provisions of § 202(f) of this title, who is enrolled in a public school or
charter school of this State shall send the student to the school each day
of the minimum school term and to any academic improvement activities required
by § 153 of this title.
(3)(5)
Every student who is enrolled in a public school or charter school of
this State shall attend the school each day of the minimum school term and any
academic improvement activities required by § 153 of this title. A student who
has been absent from school without a valid excuse for more than 3 school days
in a school year is a truant. A truant and the parent of a truant are subject
to the administrative procedures and court proceedings set out in subchapter II
of this Chapter.
Section 2. Amend § 2705, Title 14 of the Delaware Code
by making insertions as shown by underlining and deletions as shown by
strikethrough as follows:
(a) Other provisions of this
title notwithstanding, a child may be exempted from § 2702 of this title:
(1) Upon graduation from high
school.
(2) When the child is at least 16
years of age and is necessarily and lawfully employed according to the
provisions of the law regulating child labor, and the child's absence from
school is excused by the superintendent of schools of the district in which the
child resides after certification of the facts by and recommendation of the
board of education of the school district in which the child resides.
(3) If the child obtains a waiver
from the superintendent of schools of the district in which the child resides,
which waiver shall only be granted upon proof that the child is 16 years of age
or older and has an alternative learning plan for obtaining either a high
school diploma or its equivalent.
a. Alternative
learning plans shall include age-appropriate academic rigor and the flexibility
to incorporate the child's interests and manner of learning. These plans may
include, but are not limited to, such components or combination of components
of extended learning opportunities as independent study, private instruction,
performing groups, internships, community service, apprenticeships, and on-line
courses.
b. Alternative
learning plans shall be developed, and amended if necessary, in consultation
with the child, a school guidance counselor, the school principal and at least
one parent or guardian of the child, and submitted to the school district
superintendent for approval.
c. If the
superintendent does not approve the alternative learning plan, the parent or
guardian of the child may appeal such decision to the local board of education.
A parent or guardian may appeal the decision of the local board of education to
the State Board of Education. The
decision of the State Board of Education shall be final.
(4) When the child is any age
and upon request of the parent, guardian or other person legally having
control of that child when the request is supported by written documentation of
a physician, psychiatrist, psychologist or neurologist, as the case may
require. The request and documentation shall be addressed to the superintendent
of schools of the district in which the child resides and, in the case of a
child with a disability or disabilities, the child's Individual Education
Program (IEP) team, for the development of an educational program and determination
of whether a change of placement is necessary to ensure that the child receives
a free and appropriate public education. (b)Any disputed decision under
this sectionparagraph shall be presented first to the board of education
of the school district of which the child is a resident and may thereafter be
appealed to the State Board of Education. The decision of the State Board of
Education shall be final. In the case of a child with a disability or
disabilities, all of the federal regulatory due process procedures of Part B of
the Individuals with Disabilities Education Act [20 U.S.C. §§ 1411 et seq.]
shall apply.
SYNOPSIS
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This Act increases the age
requirement for compulsory school attendance in Delaware from 16 to 18 years of
age. The age increase is phased in
over a two-year period; accordingly, there is a one-year interim period where
the compulsory school attendance age requirement will be 17 years old. The Act further provides that
a child may be exempt from the age requirement for compulsory school
attendance if the child has graduated from high school or if the child is at
least 16 years old and is necessarily and lawfully employed. The Act preserves the exemption where a
child may be excused from compulsory attendance upon request of the child's
parent or legal guardian coupled with supporting written documentation from a
qualified health professional. |