How to Start Homeschooling in Delaware

Yes. Homeschooling is legal in Delaware.

The compulsory attendance law (14 Del. C. Section 2702) requires children to be enrolled in public school. Section 2703 says any student who is homeschooled in a manner provided for in Section 2703A is exempt. Section 2703A treats a homeschool as a nonpublic school and defines three types: single-family, multi-family, and single-family coordinated with the local school district.

Delaware's compulsory attendance law covers children between 5 and 16 years of age (14 Del. C. Section 2702). A child counts as 5 for the school year if their fifth birthday is on or before August 31.

For kindergarten, a parent may ask school authorities to evaluate the child's readiness and may request a delay of one year (14 Del. C. Section 2702(c)).

If your child is younger than 5, you have no legal obligation yet. Take your time and figure out your approach.

Here is how to start a homeschool in Delaware.

Step 1: Choose your homeschool type. Most families start with a single-family homeschool: a parent educating their own child, mainly at home. The other two types are described below.

Step 2: Submit your statement of pupil enrollment. Each year, no later than September 30, submit a statement of pupil enrollment to the Delaware Department of Education on the form it prescribes (14 Del. C. Section 2704(b)). The Department's homeschool page explains how to file. If you are starting after September 30, contact the Department to ask how to enroll.

Step 3: If your child is enrolled in school. A withdrawal letter is not required by state law. A student homeschooled in one of the ways Section 2703A provides is exempt from the public school attendance requirement (14 Del. C. Section 2703).

Step 4: Start teaching. You choose the curriculum and materials.

Step 5: Keep an attendance record. You report end-of-year attendance information each year, so a simple log of school days makes the report easy.

Step 6: Report attendance by July 31. Submit end-of-year attendance information to the Department of Education on or before July 31 (14 Del. C. Section 2704(a)).

Under 14 Del. C. Section 2704, everyone conducting a nonpublic school in Delaware, including a homeschool, sends two reports to the Delaware Department of Education each year:

• Statement of pupil enrollment: no later than September 30, on forms the Department prescribes
• End-of-year attendance information: on or before July 31, on forms the Department prescribes

These reports go to the state Department of Education. If you choose a homeschool coordinated with your local school district, you also work with the local superintendent, who approves your curriculum.

For single-family and multi-family homeschools, there is no curriculum submission, no progress report, and no test score requirement.

Delaware recognizes three types of homeschools under 14 Del. C. Section 2703A. All three report enrollment by September 30 and attendance by July 31 each year.

Single-Family Homeschool. A parent or legal guardian educates their own child, mainly in their own residence. No subject list, instructional time minimum, or testing in state law.

Multi-Family Homeschool. Parents or guardians educate children, mainly in one or more residences or other facilities, when the children are not all brothers and sisters. One person acts as the liaison to the Department of Education and reports enrollment and attendance information for all the families involved.

Single-Family Homeschool Coordinated with the Local School District. A parent educates their own child, mainly at home, using a curriculum approved by the local superintendent or designee. The superintendent determines in writing that the child is or will be provided regular and thorough instruction in the subjects prescribed for the public schools.

Reports go to the state Department of Education. The September 30 enrollment statement and the July 31 attendance report go to the Delaware Department of Education (14 Del. C. Section 2704).

Set two calendar reminders. September 30 for enrollment and July 31 for attendance, every year.

Keep good records. Delaware law requires the attendance report, but other records help too. Keep a list of what you taught, samples of your child's work, and the materials you used. They help with college applications and with grade placement if your child returns to public school.

You issue the diploma. You create and issue your child's high school diploma and transcript.

Special education. Under 14 Del. C. Section 2703A(a), homeschooled students are deemed parentally placed private school children for equitable services under IDEA, using proportionate share funds. Under federal Child Find rules, districts must also locate and evaluate children who may have a disability. Contact your local school district to request an evaluation and ask what services are available.