Delaware Regulations

(Last Updated November 10, 2016)

Private Schools

Accreditation, Registration, Licensing, and Approval

  • Accreditation: optional
  • Registration: no requirements
    • All nonpublic schools must register its students with the state in order for those students to be exempt from the compulsory attendance law. Delaware Code Annotated (Del. Code Ann.), title 14, §§2702, 2703, and 2704.
  • Licensing: no requirements
  • Approval: no requirements

Teacher Certification

  • Teacher certification is optional. The Delaware Department of Education (Department of Education) has the authority to implement a “voluntary licensing and certification” system for nonpublic school teachers, specialists, and administers. Del. Code Ann., title 14, §121(b).

Length of School Year and Days

  • No state policy currently exists.

Curriculum

  • Under the Compulsory Education Statute, nonpublic schools must provide regular and thorough instruction in the subjects prescribed for the public schools of the state. Del. Code Ann., title 14, §2703.
  • Delaware requires all nonpublic schools to provide regular courses in the United States Constitution, the Delaware Constitution and government, and the free enterprise system in grade eight through high school. The extent and content of courses is determined by the Department of Education with approval of the Delaware State Board of Education. Del. Code Ann., title 14, §4103.
  • Delaware provides driver education instruction for students attending nonpublic high schools. The Department of Education, with the consent of the State Board of Education, regulates and supervises the program including the qualifications of driver education teachers, their salary, and school assignments. Del. Code Ann., title 14, §127.
  • The governor may request private schools to observe Arbor and Bird Day, designed to advance the study of arbor culture, and to promote the protection of and appreciation for birds and trees. Del. Code Ann., title 29, §2108.

Recordkeeping and Reports

  • Nonpublic schools are required to report their enrollment, age of pupils, and attendance to the Delaware State Board of Education annually before July 31. In addition, private schools must submit annually, by October 5, a statement of enrollment as of the last day in September on forms prescribed by the Delaware State Board of Education. Del. Code Ann., title 14, §2704.
  • Private schools must have a written policy concerning the education records of its students. That policy must address accessibility, confidentiality, and how records may be amended. The policy must comply with the Family Education Rights and Privacy Act, 20 U.S.C. 1232g. The policy should be reviewed periodically. Title 14 Delaware Administrative Code 251 (14 Del. Admin. Code 251).
  • Private schools must maintain records as required by the child labor laws. Del. Code Ann., title 14, §3506.

Health and Safety Requirement

  • Private schools must set dates for fingerprinting students (grades k–9) and provide school facilities and personnel. The superintendent of state police will provide training for volunteers who are nominated to assist the private schools for this purpose. Private school officials must notify parents or guardians of the date set for fingerprinting. Only pupils with signed authorization by parents or guardians may participate. Private schools must cooperate in setting up the program, but the fingerprinting of students is not mandated. Del. Code Ann., title 11, §8526.
  • Teachers, students, employees, and visitors in private schools must use eye protection devices for activities taking place in eye protection areas, i.e. industrial arts classes, etc. Del. Code Ann., title 14, §§8301, 8302.

Transportation

  • The Delaware Constitution expressly allows the General Assembly to provide transportation for students of nonpublic, nonprofit elementary and high schools. Delaware Constitution, Art X, §5.
  • The Delaware State Board of Education is charged with regulating nonpublic school transportation, with rules and regulations being the same as those for public school transportation and limited to within the described boundaries of a public school district. Del. Code Ann., title 14, §2905.
  • Parochial and private school buses must be inspected twice yearly to determine if they are safe, fit for operation, and properly equipped in accordance with regulations adopted by the Delaware Division of Motor Vehicles. Del. Code Ann., title 21, §2145.
  • Parochial and private schools may not permit any person to drive a school bus within the state without a valid school bus driver’s license. Del. Code Ann., title 21, §2708(a).

Textbooks

  • No state policy currently exists.

Testing

  • No state policy currently exists.

Special Education

  • The Department of Education, with the consent of the Delaware State Board of Education, promulgates rules providing for the placement of “exceptional persons,” i.e. “handicapped or gifted persons” in private schools. Del. Code Ann., title 14, §§3101 and 3110(b).
  • The mental hygiene clinic in the Delaware Department of Health and Social Services will examine private school children who are two or more years behind developmentally when requested by the executive head of the school. Del. Code Ann., title 16, §5142(a).

Nursing and Health

  • There is not an explicit law or regulation requiring a private school to have a school nurse. Title 24, Chapter 19, Section 1921 refers to having educators assist students with self-administering medications during school field trips if the educators have “completed a Board of Nursing approved training course developed by the Department of Education.” The corresponding regulation is 14 DE Admin. Code 817.

Technology

  • No state policy currently exists.

Professional Development

  • No state policy currently exists.

Reinbursement for Performing State and Local Functions

  • No state policy currently exists.

Tax Exemption

  • All real or personal property used for school purposes where the tuition is free shall be exempt from taxation and assessment for public purposes. Delaware Constitution, Art X, §3.

Public Aid for Private Education

  • Constitutional Provisions: No state funds raised for educational purposes can be used to aid any sectarian, church, or denominational school. Delaware Constitution, Art X, §3.
  • Programs for Financial Assistance for Attendance at Private Schools: There is no such program at this time.

Home Schools

Home Education Programs

  • A home school is defined as a nonpublic school. Delaware Code lists three types of home schools: “multi-family home school,” “single-family home school,” and “single-family home school coordinated with the local school district.” Del. Code Ann., title 14, §2703A.

Initial and Renewal Applications

  • All nonpublic schools, including home schools, must register their students with the state in order for those students to be exempt from the compulsory attendance law. Del. Code Ann., title 14, §§2702, 2703, and 2704.
  • All persons conducting private schools and/or home schools shall report to the Department of Education the attendance on or before July 31 of each year. All persons conducting private schools and/or home schools must also submit a statement annually of enrollment no later than October 5 on such forms and in such manner as may be prescribed by the Department of Education. Del. Code Ann., title 14, §2704.

Curriculum and Instruction

  • No state policy currently exists.

Assessment and Diplomas

Special Education

  • No state policy currently exists.

Public School Access

  • According to Delaware Interscholastic Athletic Association regulation 1008 2.3, a student must be enrolled in the public middle or junior high school which he or she represents to participate in public school sports.

 

Source: U.S. Department of Education, State Regulation of State and Home Schools, Delaware