Age For Kindergarten Enrollment
§ 2701. | § 2702. | § 2702. | § 2703. | § 2703A. | § 2704. | § 2705. | § 2706.
§ 2701. Free public schools.
Subject to other provisions of this title, all the public schools of
this State shall be free to all children who are residents of the State and
who are of the ages required or authorized for attendance in a public school.
(21 Del. Laws, c. 67, § 22; Code 1915, § 2296; 32 Del. Laws, c. 160, § 41;
Code 1935, § 2684; 14 Del. C. 1953, § 2701; 59 Del. Laws, c. 87, § 9.)
§ 2702. Compulsory attendance requirements; evaluation of readiness [Effective until fulfillment of the contingencies in 75 Del. Laws, c. 440, § 8]
(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.
(b) For the purposes of this section, a child shall be considered 5
years of age if he or she celebrates his or her fifth birthday according to
the following schedule:
1993-94 school year Fifth birthday on or before
November 30, 1993.
1994-95 school year Fifth birthday on or before
October 31, 1994.
1995-96 school year Fifth birthday on or before
September 30, 1995.
1996-97 school year Fifth birthday on or before
August 31, 1996.
Subsequent school years Fifth birthday on or before
August 31 of the respective
year.
Local school authorities may grant exceptions to the above schedule for entry into school if they determine that such exception is in the best interest of the child.