Private School Regulation
Delaware certifies private schools based on the school's
own affirmation that it provides a regular and thorough instruction.
satisfy the Delaware compulsory education requirements if they provide
regular and thorough instruction in the subjects prescribed for the
public schools in a manner suitable to children of the same age and
stage of advancement. No certificate is submitted by private schools.
Del. Code Ann. tit. 14, § 2703.
Recordkeeping/Reports:Disclosure of student records
to non-school personnel is prohibited except in limited circumstances e.g. as
required by law upon request of the pupil if over 14 years of age
for the purpose of transfer, or at the request of the parent/guardian.
Standard release forms may be prescribed by the Department of Public
Instruction. Del. Code Ann. tit. 14, § 4111.
Private schools are required to report their enrollment, age of
pupils and attendance to the State Board of Education annually before
July 31. In addition, private schools must submit annually a statement
of enrollment as of the last day in September on forms prescribed
by the State Board of Education. Del. Code. Ann. tit. 14, § 2704.
Private schools are required to maintain records as required by the
child labor laws. Del. Code Ann. tit. 14, § 3506. See also Registration.
Curriculum:Under the Compulsory Education Statute,
private schools must provide regular and thorough instruction in
the subjects prescribed for the public schools of the state. Del.
Code Ann. tit. 14, § 2703(a).
Delaware requires all private schools to provide regular courses
in the United States Constitution, the Delaware Constitution and
government, and the free enterprise system in grades eight through
high school. The extent and content of courses is determined by the
State Board of Education. Del. Code Ann. tit. 14, § 4103.
Delaware provides driver education instruction for students attending
nonpublic high schools. The State Department of Education, with the
consent of the State Board of Education, regulates and supervises
the program including the qualifications of drivers education teachers,
their salary, and school assignments. Del. Code Ann. tit. 14, § 127.
Special Education: The Delaware State Department
of Education, with the consent of the 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. tit. 14, §§ 3101,
The Mental Hygiene Clinic Department of Health and Social Services
will examine private school children who are 2 or more years retarded
when requested by the executive head of the school. Del. Code Ann.
tit.16, § 5142(a).
Safety: All private schools are required to have
at least 1 fire drill each month when school is in session and to
keep all doors and exits unlocked during school hours. The State
Fire Marshal, or his deputies, must inspect all schools as to fire
exits and reasonable safety standards. Del. Code Ann. tit.16, § 6607(d)(e).
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 by the private schools for this purpose. Private school
officials must notify parents/guardians of the date set for fingerprinting.
Only pupils with signed authorization by parents/guardians may participate.
Private schools must cooperate in setting up the program, but the
fingerprinting of students is not mandated. Del. Code Ann. tit. 11, § 8526.
Eye protection devices must be used in private schools by teachers,
students, employees, and visitors for activities taking place in
eye protection areas, i.e. industrial arts classes, etc. Del.
Code Ann. tit. 14, §§ 8301, 8302.
Transportation: The Delaware Constitution expressly
allows the General Assembly to provide transportation for students
of nonpublic, nonprofit elementary and high schools. Del. Const.
Art X, § 5. The State Board of Education is charged with regulating
nonpublic school transportation as public school transportation and
limited to within the described boundaries of a public school district.
Del. Code Ann. tit. 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 Department of Motor
Vehicles. Del Code Ann. tit. 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.
tit. 21, § 2708(a).
Home Schooling: A child who is home schooled in
affiliation with a home school association or organization registered
with the Department of Education complies with the compulsory attendance
laws of the Delaware. If the child is home schooled and not affiliated
with an approved home school association or organization, the child
meets the requirements of compulsory attendance when the student?s
instruction is accomplished under the auspices of the local school
district superintendent of the district in which the student resides.
The local superintendent determines in writing that the student is
or will be provided with regular and thorough instruction in the
subjects prescribed in the state schools suitable to the age of state
of advancement of the child. Del. Code § 2703.
All persons conducting private schools, which includes home schools
and home school associations, shall report to the Department of Education
the enrollment, age of pupils, and attendance on or before July 31st of
each year. All persons conducting private schools, home schools,
and all home school associations must also submit a statement annually
of enrollment on the last school day in September on such forms and
in such manner as may be prescribed by the Department of Education.
Del. Code Ann. § 2704.
Public Aid for Private Schools/Private School Students: No
state funds raised for educational purposes can be used to aid any
sectarian, church or denominational school. Del. Const. Art X, § 3.
All real or personal property used for school purposes where the
tuition is free shall be exempt from taxation and assessment for
public purposes. Del. Const. Art X, § 3.
Miscellaneous: The Governor may request private
schools to observe Arbor and Bird Day as designed to advance the
study of Arbor culture, the spirit of protection to birds and trees
and appreciation for them. Del. Code Ann. tit. 29, § 4107.