HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 163

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL ATTENDANCE AND RELIGIOUS HOLIDAYS.

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

Section 2. Amend Chapter 27, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2707. Religious holidays.

(a) A pupil’s absence from school for the observance of a religious holiday is a necessary and excused absence.

(b) A list of religious holidays on which a pupil’s absence shall be excused shall be created by the Secretary of Education and placed in regulation. The list of approved religious holidays is not a limit on the power of school districts or charter schools to excuse absence on any other day for the purpose of religious or cultural observance.

(c) A signed, written excuse from the pupil’s parent or guardian is required in order to excuse an absence under this section.

(d) A pupil of any public school, who is absent by reason of observance of a religious holiday, may not be deprived of any award or eligibility or opportunity to compete for any award.

(e) School districts and charter schools must have a policy discouraging teachers from scheduling major grading events, such as tests, examinations, presentations, or project due dates on religious holidays. A pupil who misses a grading event due to excused absence for observance of a religious holiday must be allowed the opportunity to take an alternate test or given some other means to recover credit. 

Section 3. The Department of Education shall issue proposed regulations to implement this Act to the Register of Regulations within 90 days of its enactment into law.