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LEGAL/LEGISLATIVE UPDATES
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ACROSS THE STATES
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Appoquinimink disregards state law
The homeschool policy adopted at the Appoquinimink Board of Education's February meeting is contrary to state law. According to the policy, homeschooling may be accomplished in only two ways: "through an affiliation with a homeschool agency or through the Delaware Department of Education." The policy goes on to state that the Appoquinimink School District "does not coordinate the instruction for parents/legal guardians who choose to homeschool their children."
Contrary to the new district policy, state law recognizes three different types of homeschools: a single-family homeschool, a multi-family homeschool, or a single-family homeschool coordinated with the local school district. None of these homeschools has to be affiliated with a homeschool agency or conducted through the department of education. (Contact with the department of education is only required in two instances each year: to report attendance by July 31 and to report enrollment by the last school day in September.) Further, if parents wish to coordinate their homeschool with the local school district, state law says that 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). . ." Thus, parents clearly have the right to coordinate their homeschool through the local school district should they choose to do so.
Before Appoquinimink's February meeting, a Home School Legal Defense Association member family provided us with a copy of the proposed policy, which was first read at the board of education's December meeting. HSLDA Senior Counsel Dewitt Black sent a letter to the school district superintendent pointing out that the proposed policy did not conform to state law. Despite this, the board of education proceeded to adopt the existing policy which is both unauthorized and unenforceable.
Local school districts may not opt out of complying with all laws passed by the legislature and instead establish policies which have no legal basis. HSLDA families encountering difficulties with the Appoquinimink School District or any other district attempting to impose such policies should contact us for assistance.
— by Dewitt T. Black
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