§ 2705 — Exemption of children from compulsory attendance requirements

(a) Other provisions of this title notwithstanding, a child may be exempted from § 2702 of this title upon request of the parent, guardian or other person legally having control of that child when the request is supported by written documentation of a physician, psychiatrist, psychologist or neurologist, as the case may require. The request and documentation shall be addressed to the superintendent of schools of the district in which the child resides and, in the case of a child with a disability or disabilities, the child’s Individual Education Program (IEP) team, for the development of an educational program and determination of whether a change of placement is necessary to ensure that the child receives a free and appropriate public education.

(b) Any disputed decision under this section shall be presented first to the board of education of the school district of which the child is a resident and may thereafter be appealed to the State Board of Education. The decision of the State Board of Education shall be final. In the case of a child with a disability or disabilities, all of the federal regulatory due process procedures of Part B of the Individuals with Disabilities Education Act [20 U.S.C. §§ 1411 et seq.] shall apply.

Legislative History

24 Del. Laws, c. 121, § 1 ; Code 1915, § 2313; 32 Del. Laws, c. 160, § 41 ; Code 1935, § 2685; 14 Del. C. 1953, § 2705; 61 Del. Laws, c. 190, § 3 ; 69 Del. Laws, c. 272, § 1