(a) The school may file a civil charge of truancy against the student in the Justice of the Peace Court if:
(1) The student is age 12 or older; and/or
(2) The Court determines that a parent who is charged with violating § 2702 of this title has a valid affirmative defense under § 2729(b) of this title.
(b) The court shall determine whether a preponderance of the evidence establishes that the student has violated § 2702 of this title.
(c) If the Court determines the student has violated § 2702 of this title, it shall adjudicate the student a truant and may order the following remedial dispositions:
(1) Community service;
(2) Counseling;
(3) Substance abuse evaluation and treatment;
(4) Mental health evaluation and treatment;
(5) A curfew with hours set by the court;
(6), (7) [Repealed.]
(8) Prohibition of the student's participation in or attendance at any extra-curricular activity or social event which is an official school event or is sponsored by the school or held on school property;
(9) A recommendation that the student enroll in the school in alternative educational and related services in accordance with Chapter 16 of this title; and
(10) Such other action as is permitted by statute or by court rule.
(d) [Repealed.]
Structure Delaware Code
§ 2723. Responsibility of police officers.
§ 2724. Notification to parents and students.
§ 2725. Absences without excuse; truancy conferences.
§ 2726. Procedure for truancy conferences.
§ 2727. Notice of violation and compliance.
§ 2728. Procedure for court adjudication.
§ 2729. Failure to send; affirmative defense; penalties.
§ 2730. Failure to attend; penalties.
§ 2731. Enforcement of court order.
§ 2734. Disposition and accounting of fines.
§ 2735. Special procedure for expungement of truancy records.