Delaware Compulsory Education Laws
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed May 29, 2024
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The state of Delaware has laws in place to ensure that every child has access to education. The state's compulsory school attendance laws outline these regulations for the school year. These regulations mandate school attendance for children within specific age brackets. They also offer various educational settings. Education options include public, charter, and private schools. They also include the option of homeschooling.
Parents, guardians, and educators can better navigate the education requirements with knowledge. Together, they can help support the educational growth and well-being of Delaware children.
Compulsory School Attendance Laws Generally
Compulsory school attendance laws are crucial across the United States. These laws mandate that children attend school until they reach a certain age. The main goal of these laws is to ensure that every child receives an education. This education should equip them with basic academic knowledge and skills.
These laws cover public schools, private schools, and homeschooling. The state's department of education and local school districts enforce these laws. Exceptions can include exemptions for health issues, disabilities, or other special circumstances.
Delaware Compulsory School Attendance Laws
In Delaware, compulsory school attendance laws are codified under the Delaware Code. The Delaware Department of Education, along with local school boards, enforces these laws. The law states every child between five and 16 years of age must be enrolled in a school program. Parents and legal guardians can choose between public schools and nonpublic schools. They can also choose charter schools or a homeschool environment. These schools are permissible as long as they meet state standards.
The Delaware compulsory attendance requirements create certain guidelines. These laws emphasize that all school-age children must attend school. Yet, there are situations when there are exceptions. Students may have valid reasons for absences, such as illnesses or family emergencies. These absences are referred to as excused absences. Truancy occurs when there are too many unexcused absences. Truancy is an offense that violates state law. It can lead to legal actions against the guardians or the students themselves.
The State Board of Education has set guidelines and regulations. Local school districts also set their own codes of conduct. These guidelines and regulations detail the process for reporting absences and the penalties for being truant. Special education services are also provided for children with disabilities. These laws help ensure they receive appropriate educational opportunities within the school system.
Code Section |
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|---|---|
Age at Which School Attendance Is Required |
In this state, children between the ages of five and 16 years of age should attend school. |
Exceptions to Attendance Requirements |
In Delaware, there are several exceptions to compulsory school attendance laws. These laws allow for lawful absences from regular school attendance. The main exceptions are as follows: Parents or legal guardians may choose to educate their child at home. Homeschooling must follow specific regulations. These regulations are set by the Delaware Department of Education. These regulations include curriculum requirements and periodic reporting. Children with physical or mental health conditions can be valid exemptions. Documentation from a qualified healthcare provider may help support such claims. Children receiving equal instruction do not have to attend public school. This could be in a private school or homeschooling program. Children achieving an education through other means are also exempted. This includes private and nonpublic schools that follow Delaware educational requirements. Children whose religious beliefs and practices conflict can get an exemption. |
Home School Provisions |
In Delaware, homeschooling is a recognized alternative to traditional public and private schooling. Delaware allows for two types of homeschools: single-family homeschools and multi-family homeschools. Homeschools must register every year with the Delaware Department of Education. There is no state-mandated curriculum for homeschools in Delaware. Homeschools have to maintain records of attendance and disease immunization. |
Penalties on Parents for Noncompliance |
In Delaware, noncompliance with compulsory school attendance laws can lead to several penalties. If a child has unexcused absences from school, the case may face referral to local school authorities. Parents or legal guardians who fail to comply can face legal consequences. They may face charges with a violation of the compulsory attendance laws. Parents or legal guardians can face fines or sanctions for violating these laws. Charges must be filed by the district after 20 instances of unexcused absences. A truancy charge for a child 12 years of age or over is a civil charge, while for a parent, it is a criminal charge. |
Note: State laws are always changing. FindLaw makes every effort to ensure the accuracy of its state laws. Yet, you may also want to contact a Delaware education attorney. Conduct your own legal research or consult with an attorney. This can help verify the state law(s) you are researching.
Getting Legal Help With Compulsory Education Laws in Delaware
Navigating the complexities of compulsory school attendance laws in Delaware can be challenging. For parents and guardians who need clarification, seeking legal help can be beneficial. Legal experts with experience in education law can provide helpful advice. Legal professionals can help ensure compliance with Delaware's laws. These professionals can advocate for the child's best interest in educational matters.
Consult with an education law attorney about compulsory education laws.
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