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State Laws and Regulations - Delaware
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Welcome to homeschooling in Delaware! We encourage you to discuss the laws and regulations regarding home education with other homeschoolers who live in your state, and especially with those who are knowledgeable about the homeschooling climate in your local community.
Homeschooling laws and regulations vary from state to state; there is no federal authority for all laws and regulations which can affect homeschooling.
Each parent who chooses to homeschool their children in Delaware takes on a responsibility to familiarize themselves with the specific laws and regulations which affect homeschooling families in their state.
There are many good resources for help, beginning with the homeschool support groups, organizations, listservs, websites and helpful individuals. To find out more visit the Support Groups section of this web site.
Please Note: This is not intended to be legal advice and is distributed for informational purposes only. For more information about the laws and regulations in this state please contact a state or local support group.
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State of Delaware General Assembly
6/30/03, AN ACT TO AMEND TITLE 14 OF DELAWARE CODE RELATING TO COMPULSORY
SCHOOL ATTENDANCE AND HOMESCHOOLS, AND NON-PUBLIC SCHOOL
ATTENDANCE AND ENROLLMENT REPORTING REQUIREMENTS was
signed. The Amended law can be accessed here.
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, 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.
¤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 the local superintendent's 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 July 31, on such forms as shall be prescribed by the Department of Education.
(b) Such persons shall also submit annually, on or before the October 31, a statement of pupil enrollment as of the last school day in September, on such forms as prescribed by the Department of Education.
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