A truant is a student who stays away from school without permission or an explanation. Truancy laws are designed to encourage school attendance by creating simple court procedures through which children are held accountable for excessive school absences. The courts focus on the best interest of the child when addressing the truant conduct of a child.

Truant conduct is usually prosecuted or addressed as a civil (noncriminal) matter, and the definition and procedures for dealing with truancy are usually located in a state's statutes—often in the family code or education code.

In Delaware, truancy is addressed under the state's education laws. The Delaware Code requires that every child between the ages of 5 and 16 attend school. If a student has more than three unexcused absences from school, the student is considered truant. Schools are required to take specific steps to address truancy, including notifying parents and developing a plan to improve attendance. If these measures fail, the matter may be referred to the Delaware Attorney General's office. The Family Court handles truancy cases, focusing on the best interest of the child, and may order interventions such as counseling, community service, or participation in a truancy program. The goal is to address the underlying issues causing truancy and to ensure that the student returns to regular school attendance rather than to punish the student. Parents or guardians may also be held accountable under Delaware law if they contribute to or fail to address their child's truancy.