Delaware Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library. Statutes relevant to homeschooling are posted on the
Department of Education website: Title
14, Part 1, Chapter 27, 2701-2704. Check there for updates. The following is for your convenience only.
Compulsory attendance - Between 5 and
16 years of age, from August 31. 5 year olds may be granted an
exception.
Parental Qualifications - None
Summary of Methods - You may (1) affiliate your homeschool
through a recognized homeschool association or organization;
or you may (2) homeschool under the auspices of the local school
district superintendent of the district in which the student
resides; or you may (3) report directly to the Delaware Department
of Education as a "private school."
Please note this is the new law, SB103, which has been signed by Governor Minner.
TITLE 14. EDUCATION
PART I. FREE PUBLIC SCHOOLS
CHAPTER 27. SCHOOL ATTENDANCE
§2702. Compulsory attendance requirements; evaluation
of readiness
(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 shall enroll the child in a public school in the school
district of the person's residence.........
§2703. Private school attendance or other educational
instruction
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.
§2703A. Homeschools defined.
For purposes of this Chapter, a homeschool shall be considered
a non-public school and there shall be three types of homeschools
defined as follows:
'Single-family homeschool' means the education of one's
own child(ren) primarily by the parent(s) or legal guardian(s)
of such child(ren) mainly in their own residence.
'Multi-family homeschool' means the education of children,
primarily by the parents(s) or legal guardian(s) of such children
mainly in one or several residences, or other facilities, when
such children are not all related to each other as brother or
sister. A person shall act as a liaison to the Department of
Education for reporting enrollment and attendance information
for all families involved.
'Single-family homeschool coordinated with the local school
district' means the education of child(ren) primarily by
the parent(s) or legal guardian(s) of such child(ren) mainly
in their own residence using a curriculum approved by the local
superintendent or his/her designee. The local superintendent
shall determine in writing that the student is or will be provided
with regular and thorough instruction by the student's parent(s)
or legal guardian(s) in the subjects prescribed for the public
schools of the State and in a manner suitable to children of
the same age and stage of advancement.
§2704. Report of non-public schools to Department
(a) All persons conducting non-public schools shall report end
of the year attendance information to the Department of Education
annually, on or before the 31st day of July, on such forms as
shall be prescribed by the Department of Education.
(b) Such persons shall also submit annually, on or before the
31st day of October, a statement of pupil enrollment as of the
last school day in September, on such forms as prescribed by
the Department of Education.
Return to Delaware homeschooling
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