CURRENT GRADE: F
There is no school choice in the state where tax dollars follow the student.
Homeschooling requires approval by a government entity and online registration.
Compulsory attendance is required between ages 5-16.
Education Options
- District School Choice
- Allows families living in Delaware to apply to enroll their children in any Delaware public traditional school district, charter school or vocational-technical school, regardless of their home address.
- If there are more applicants than space, schools may use a lottery for admissions.
- Charter Schools
- Authorized and monitored by the Delaware Department of Education.
- 23 charter schools in the state.
Homeschooling Laws
Here are state requirements on the topic of homeschooling:
- Parents must open a “nonpublic school” with the Delaware Department of Education.
- Dept of Education reviews and approves/denies nonpublic school applications.
- Parents must create an online account with the department.
- Must report annual enrollment and attendance.
Religious Exemptions:
- There are no state specific religious exemption laws.
The First Amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Many argue that a religious conviction to provide a home-based education is constitutionally protected and a state religious exemption law is not a requirement to be able to homeschool on religious grounds.
It should be noted that the U.S. Supreme Court in Wisconsin v. Yoder (1972) established that “Under the Free Exercise Clause of the First Amendment, a state law requiring that children attend school past eighth grade violates the parents’ constitutional right to direct the religious upbringing of their children.” (The case involved a challenge of a 16-year-old student to be exempt, so the scope was limited)




