Delaware Education Code For Homeschooling
Delaware homeschool law and information
Compulsory attendance in Delaware – 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.”
*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 Delaware Department of Education website: Title 14, Part 1, Chapter 27, 2701-2704. Check there for updates. The following is for your convenience only.
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. 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.
§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:
(1) “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.
(2) “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.
(3) “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 nonpublic 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.