An overview of the homeschool laws and regulations of Delaware, along with links to legislative source information, additional reference materials and government resources on homeschooling.
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.
