Delaware Code § 14-2703

Private school attendance or other educational instruction
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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.

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