(a) Except as otherwise provided, the following provisions are applicable to school attendance in this State:

(1) Every 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.

(2) 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 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) Every student who is enrolled in a public 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.

Terms Used In Delaware Code Title 14 Sec. 2702

(b) For the purposes of this section, a child shall be considered 5 years of age if that child celebrates the child’s fifth birthday according to the following schedule:

1993-94 school year Fifth birthday on or beforeNovember 30, 1993.
1994-95 school year Fifth birthday on or beforeOctober 31, 1994.
1995-96 school year Fifth birthday on or beforeSeptember 30, 1995.
1996-97 school year Fifth birthday on or beforeAugust 31, 1996.
Subsequent school years Fifth birthday on or beforeAugust 31 of the respective year.