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LEGAL/LEGISLATIVE UPDATES
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ACROSS THE STATES
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Christina insists on approval
At the beginning of the current school year, the Christina School District in Newark notified a Home School Legal Defense Association member family that if they intended to homeschool their children this year, they had to first obtain the approval of the district. HSLDA was able to resolve this problem by providing the public school officials with information about state law.
Delaware law offers two options for homeschoolers: First, under Delaware Code Annotated § 2703(a), a student may be homeschooled in affiliation with a homeschool association or organization registered with the state department of education. Those who, like our member family in Christina, select this option do not have to obtain any approval of the local public school superintendent.
Under the second option, compliance with § 2703(b), a student who is being homeschooled and who is not affiliated with a homeschool association or organization registered with the state department of education must receive instruction under the auspices of the local school district superintendent. The local superintendent must 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 Delaware in a manner suitable to children of the same age and stage of advancement.
In addition to the registration requirements for a homeschool association or organization under § 2703(a), private schools—which includes homeschools, homeschool associations, and all private educational associations—must report to the department of education annually the enrollment, age of pupils, and attendance on or before July 31. These private schools and private educational associations must also submit annually a statement of enrollment as of the last school day in September.
— Dewitt T. Black
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