Homeschooling a Child with an IEP in Delaware
This is general guidance based on Delaware law. For your specific IEP, consult a special education advocate.
Having an IEP doesn't mean you can't homeschool in Delaware. You absolutely can. Here's what you need to know about services, rights, and the withdrawal process.
What happens to your child's services
Delaware expanded access for homeschooled students in 2021 (SB 106). Your child may be eligible for special education services through your district even while homeschooling. Contact the Office of Exceptional Children Resources at 302-735-4210 to discuss your options.
Homeschooled students considered nonpublic school students under Delaware Code Title 14 Section 2703A (SB 106, 2021). Under this definition, homeschoolers may be entitled to special education services through the public school.
Primary source: IDEA — 20 USC 1412(a)(10)(A); 34 CFR 300.130-144
How to access services while homeschooling
Dual enrollment
SB 106 (2021) expanded access for homeschooled students to special education services.
How to request: Contact local school district
14 Del. C. §2703A; SB 106 (2021)
Child Find
Federal requirement for districts to identify and evaluate children with suspected disabilities.
How to request: Contact local school district
IDEA — 20 USC 1412(a)(3); 34 CFR 300.111
Equitable services
Homeschoolers treated as nonpublic school students entitled to proportionate share services.
How to request: Contact Office of Exceptional Children Resources at 302-735-4210
14 Del. C. §2703A; SB 106 (2021)
Therapy access
- Speech therapy:
- May be available through district under nonpublic school student provisions
- Occupational therapy:
- May be available through district
- Behavioral therapy:
- Limited; contact district for availability
SB 106 (2021) was significant expansion. Contact Office of Exceptional Children Resources at 302-735-4210.
Before you withdraw
We recommend these steps for any family withdrawing a child with an IEP:
- 1
Request complete copies of all IEP documents, evaluations, and progress reports before you withdraw.
- 2
Consider requesting an IEP meeting to discuss the transition. This is optional but can provide valuable information.
- 3
File your homeschool notification with the state as required (our wizard will generate this for you).
- 4
Arrange any private therapies or services your child needs before withdrawal takes effect.
If you want to re-enroll
Homeschooling is not a one-way door. Your child can re-enroll in public school at any time.
Re-enrollment processes vary by state and district. Contact your local school to ask what evaluation or documentation they require. Keep copies of all IEP records. They will help the district determine placement and next steps.
Keep copies of all IEP documents, evaluations, and progress reports. You'll need these if you re-enroll.
Who to call
You don't have to navigate this alone. These organizations help families with special education questions.
COPAA
copaa.org · Find a special education attorney near you
Wrightslaw
wrightslaw.com · Special education law encyclopedia
Common questions
Can I homeschool a child with an IEP in Delaware?
What happens to my child's IEP when I start homeschooling in Delaware?
Related guides
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Start the Delaware wizardRequirements sourced from 14 Del. C. Section 2703A. Verified against primary legal sources. Last verified: March 2026