Delaware General Assembly
Delaware Home Schooling
Compulsory School Age
Between 5 and 16 years of age, from August 31. 5
year olds may be granted an exception.
Delaware provides an exemption from
their compulsory attendance laws for "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." The statute further
provides that private schooling, including "homeschools and
homeschool associations" must report yearly to the
Department of Education providing the "enrollment, age of
pupils and attendance." Homeschoolers may instead opt to
report directly to the local superintendent, who "shall
determine in writing that the student is or will be provided
with 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."
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 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.
