From the HSLDA E-lert Service:


11/12/2008 3:44:33 PM
Home School Legal Defense Association
Delaware--Tuition-based Driver Education Adopted

From the HSLDA E-lert Service...

November 12, 2008

Delaware--Tuition-based Driver Education Adopted

Dear HSLDA Members and Friends:

The State Board of Education in Delaware has approved a change in the
administrative regulations terminating the right of non-public school
students to receive driver education during the summer months without
paying tuition. A homeschool in Delaware is considered to be a
non-public school. This change went into effect yesterday, November

It appears at this point that the only way to minimize the financial
impact of this new law on homeschooling families is to lobby for a
reasonable fee structure for the driver education. The regulation now
states that the tuition to be charged must be approved by the
co-chairs of the Joint Finance Committee of the Delaware General
Assembly. In the Senate this is Senator Nancy W. Cook, and in the
House of Representatives it is Representative William A. Oberle, Jr.
Their contact information is set forth below. The information we have
now is that the fee for each student in the driver education is
expected to be $362.


Please contact Senator Cook and Representative Oberle, co-chairs of
the Joint Finance Committee, with this message: "Please reduce the
cost of driver education during the summer for non-public school
students to an affordable amount for families. We pay the same taxes
as families whose children are enrolled in public school and should
have the same educational benefits as they do, especially during the
summer months when school is not in session."

Senator Nancy W. Cook
P.O. Box 1401
Dover, DE 19903

Representative William A. Oberle, Jr.
P.O. Box 1401
Dover, DE 19903

To view the text of this new regulation, please go to


Upon learning of this proposed change, we complained to the State
Board on the basis that it was contrary to the statutory law of
Delaware which guarantees that any pupil of a certain grade level or
age residing within a school district be provided with the driver
education during the summertime at no charge. We also asked HSLDA
member families in Delaware to express their objections to the State
Board as well.

What we did not know at the time was that on July 1, 2008, the
Delaware legislature had passed an omnibus appropriations bill, one
section of which authorized the Department of Education "to develop
and implement a fee structure for the provision of driver's education
services to non-public school students beginning in Fiscal Year 2009."
This provision was buried in the middle of Senate Bill 300, a 243-page
bill which zipped through both houses of the legislature in only 11

If you have any questions regarding the new law, please contact my
legal assistant, Jacob Hall.


Dewitt T. Black, III
HSLDA Senior Counsel

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