(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.

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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.