CHAPTER 79

FORMERLY

SENATE BILL NO. 103

AN ACT TO AMEND TITLE 14 OF DELAWARE CODE RELATING TO COMPULSORY SCHOOL ATTENDANCE AND HOMESCHOOLS, AND NON-PUBLIC SCHOOL ATTENDANCE AND ENROLLMENT REPORTING REQUIREMENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Title 14, Chapter 27, Subchapter I of the Delaware Code by adding a new § 2703A thereto to read as follows:

Ҥ2703A. Homeschools defined.

For purposes of this Chapter, a homeschool shall be considered a non-public school and there shall be three types of homeschools defined as follows:

(1) ‘Single-family homeschool’ means the education of one’s own child(ren) primarily by the parent(s) or legal guardian(s) of such child(ren) mainly in their own residence.

(2) ‘Multi-family homeschool’ means the education of children, primarily by the parents(s) or legal guardian(s) of such children mainly in one or several residences, or other facilities, when such children are not all related to each other as brother or sister. A person shall act as a liaison to the Department of Education for reporting enrollment and attendance information for all families involved.

(3) ‘Single-family homeschool coordinated with the local school district’ means the education of child(ren) primarily by the parent(s) or legal guardian(s) of such child(ren) mainly in their own residence using a curriculum approved by the local superintendent or his/her designee. 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) or legal guardian(s) in the subjects prescribed for the public schools of the State and in a manner suitable to children of the same age and stage of advancement.”

Section 2. Amend § 2703, Title 14 of Delaware Code by deleting “(a)” from the beginning of the first paragraph thereof, and Further Amend § 2703, Title 14 of the Delaware Code by deleting the words “affiliation with a home school association or organization registered with the Department of Education” in the last sentence of the first paragraph thereof and substituting in lieu thereof the words “any manner provided for in § 2703A of this Title” and Further Amend §2703, Title 14 of the Delaware Code by deleting subsection (b) thereof in its entirety.

Section 3. Amend § 2704, Title 14 of Delaware Code by deleting the same in its entirety and substituting the following in lieu thereof:

Ҥ2704. Report of non-public schools to Department.

(a) All persons conducting non-public schools shall report end of the year attendance information to the Department of Education annually, on or before the 31st day of July, on such forms as shall be prescribed by the Department of Education.

(b) Such persons shall also submit annually, on or before the 31st day of October, a statement of pupil enrollment as of the last school day in September, on such forms as prescribed by the Department of Education.”

Approved June 30, 2003