Section 2702 of this title shall not apply to any student enrolled in a private school who is receiving regular and thorough instruction in the subjects prescribed for the public schools of the State in a manner suitable to children of the same age and stage of advancement, provided that such private school is subject to and in compliance with § 2704 of this title. For the purposes of this section, any student who is home-schooled in any manner provided for in § 2703A of this title shall also be exempt from the provisions of § 2702 of this title. Notwithstanding the foregoing, the Justice of the Peace Court may retain jurisdiction over any case of truancy filed pursuant to § 2729 (failure to send) of this title or § 2730 (failure to attend) of this title prior to a student withdrawing from the public school bringing the charge and enrolling in a private or nonpublic school of this State.
Structure Delaware Code
Subchapter I. School Attendance Requirements
§ 2702. Compulsory attendance requirements; evaluation of readiness; exit interview.
§ 2703. Private school attendance or other educational instruction.
§ 2704. Report of non-public schools to Department.
§ 2705. Exemption of children from compulsory attendance requirements.