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Homeschooling a Child with an IEP in Delaware

What happens to your child's special education services when you homeschool in Delaware, and how to reach the services that remain available.

What happens to your child's services

Under 14 Del. C. 2703A(a), Delaware homeschool students are treated as parentally placed private school children, so your child can be considered for IDEA equitable services but has no individual right to the IEP services. Your district must still identify and evaluate homeschooled children who may have a disability, and Delaware law does not provide part-time public school enrollment for special education.

Primary source: 14 Del. C. 2703A(a); 34 CFR 300.111, 300.137

How to access services while homeschooling

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Child Find

Your school district must identify, locate and evaluate children with disabilities who may need special education, including homeschooled children (34 CFR 300.111). The district needs your consent before an initial evaluation.

How to request: Request an evaluation in writing from your local school district.

34 CFR 300.111; 14 DE Admin. Code 925

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Equitable services

Homeschooled students are deemed parentally placed private school children for IDEA equitable services using proportionate share funds (14 Del. C. 2703A(a)). They are not an individual right; the district decides which services to offer.

How to request: Write to your local school district's special education office to have your child considered for equitable services.

14 Del. C. 2703A(a); 34 CFR 300.137

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Dual enrollment

Not provided by Delaware law. No Delaware statute or regulation gives homeschool students a right to enroll part time in public school for special education services.

Before you withdraw

  1. 1

    Request complete copies of all IEP documents, evaluations, and progress reports before you withdraw.

  2. 2

    Consider requesting an IEP meeting to discuss the transition. This is optional.

  3. 3

    File your homeschool notice as your state requires. Our wizard prepares it for you.

  4. 4

    Arrange any private therapies or services your child needs before withdrawal takes effect.

Keep copies of all IEP documents, evaluations, and progress reports. You'll need them if you re-enroll.

Special education help

COPAA

copaa.org · Find a special education attorney near you

Wrightslaw

wrightslaw.com · Special education law encyclopedia

Common questions

What happens to my child's IEP when I start homeschooling in Delaware?
Under 14 Del. C. 2703A(a), Delaware homeschool students are treated as parentally placed private school children, so your child can be considered for IDEA equitable services but has no individual right to the IEP services. Your district must still identify and evaluate homeschooled children who may have a disability, and Delaware law does not provide part-time public school enrollment for special education.
Can my child still get special education help from the school if we homeschool in Delaware?
Child Find: Your school district must identify, locate and evaluate children with disabilities who may need special education, including homeschooled children (34 CFR 300.111). The district needs your consent before an initial evaluation. Equitable services: Homeschooled students are deemed parentally placed private school children for IDEA equitable services using proportionate share funds (14 Del. C. 2703A(a)). They are not an individual right; the district decides which services to offer.

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Requirements sourced from 14 Del. C. Section 2703A. Last reviewed October 2026