Delaware Homeschool Laws: What the State Actually Requires

Most families researching Delaware homeschool laws expect a pile of paperwork. They've heard about states that require annual testing, curriculum approval, and portfolio reviews by a school official. Delaware is not one of those states.

The legal framework here is genuinely simple — but simple doesn't mean there's nothing to understand. Getting the dual-notification sequence right at the start, knowing which subjects the state names, and understanding how the law actually classifies your home is the difference between a clean transition and unnecessary complications down the line.

How Delaware Classifies Homeschools

Delaware law classifies homeschool families as operators of a "nonpublic school." The controlling statute is 14 Delaware Code §2703A. This classification is important because it shapes everything downstream: you are not requesting permission from anyone to educate your children at home. You are notifying the state that a nonpublic school exists and that your child is enrolled in it.

That framing matters practically. The state does not approve or disapprove your curriculum. The Delaware Department of Education does not send anyone to inspect your home or review your teaching. You are operating a legal educational institution, not applying for an exemption from compulsory attendance.

Approximately 3,920 students — about 2.67% of Delaware's student population — were enrolled in home-based education in the 2024–25 school year. That community is large enough to have established support networks and small enough that you'll find genuine community quickly through organizations like DHEA (Delaware Home Education Association) or regional groups like the Tri-State Homeschool Network that serves families across the DE/PA/NJ/MD border.

The Dual-Notification Requirement

When you begin homeschooling in Delaware, you must notify two separate entities. Getting both done — and doing them in the right order — is the single most important procedural step.

Step 1: File with the DDOE through the EdAccess portal. The Delaware Department of Education maintains an online system for nonpublic school registration. This is where you establish your homeschool as a recognized nonpublic school in state records. You'll enter your name, your children's information, and basic details about your educational program.

Step 2: Notify your local school district. After you've filed with the state, you notify the public school district where you live that your child is withdrawing and enrolling in a nonpublic school. This is the step that formally removes your child from the public school's enrollment records and ends any compulsory attendance obligation toward them.

Do not skip either step or attempt to do them in reverse order. The state registration should come first, and the district notification should follow. Families who only notify one entity or who skip the EdAccess registration often discover the problem later — when the district contacts them about truancy or when they attempt to access state-level records.

If your child is currently enrolled in a public school, charter school, or traditional private school, the district withdrawal piece requires its own attention. Charter school exits are common — roughly 10% of Delaware students attend charter schools — and the withdrawal process from a charter follows the same general pattern as a traditional public school, but the specific district contact may differ.

What You Must Teach

Delaware requires homeschooled students to receive instruction in five subject areas: reading, writing, mathematics, science, and social studies.

That is the complete list. The state does not specify:

• Which curriculum you use within those subjects
• Which texts, programs, or publishers you purchase
• How many hours per day or week you spend on each subject
• What grade level each subject must cover at each age
• Which instructional method you must use

The DDOE does not approve curriculum and does not provide any list of recommended or required programs. Whether you use a structured all-in-one program, a Charlotte Mason approach, an eclectic mix of online and offline materials, or unit studies built around your child's interests — all of these satisfy the subject requirement as long as you can reasonably describe what you're covering.

Testing and Portfolio Reviews

Delaware does not require annual standardized testing for homeschooled students.

Delaware does not require portfolio reviews by school officials.

There is no state-mandated academic progress assessment of any kind. The 180-day figure you may encounter in some discussions is a reporting convention, not an enforcement threshold. The DDOE does not require families to document or prove that they conducted instruction for a minimum number of days.

This stands in sharp contrast to states like Pennsylvania, where annual portfolio review by a qualified evaluator is mandatory, or New York, where quarterly progress reports and annual standardized testing are required. Delaware's approach reflects a legislative philosophy of trusting parents to manage the substance of their child's education.

Sports and Extracurricular Access

One meaningful restriction: Delaware's DIAA (Delaware Interscholastic Athletic Association) bars homeschooled students from participating in public school sports programs. Unlike some states that have passed laws guaranteeing homeschoolers access to public school athletic teams, Delaware has not done so.

Homeschool families who want organized athletics need to look at community leagues, private sports clubs, YMCA programs, and the growing network of homeschool athletic associations that have formed specifically to fill this gap. The Tri-State Homeschool Network maintains connections to regional athletic programs that serve homeschoolers across the DE/PA/NJ border area.

What Happens If Circumstances Change

Delaware law doesn't create any special exit or re-entry complications. If you decide to re-enroll your child in a public or charter school at any point, you contact the district directly. The nonpublic school status you established simply becomes inactive — there's no formal de-registration process required.

If you move between counties — from New Castle to Kent or Sussex, for example — you'll want to update your records with both the EdAccess portal and your new district. Delaware's three counties have distinct school districts, and district-level contact points vary.

Getting the Withdrawal Right the First Time

Most of the headaches homeschool families encounter in Delaware aren't caused by the laws themselves — they're caused by incomplete or out-of-order notification. Families who skip the EdAccess registration and only notify their school often end up with conflicting records. Families who withdraw without following the correct sequence sometimes receive truancy notices weeks later.

The Delaware Legal Withdrawal Blueprint covers the complete notification process step by step — the EdAccess filing, the district withdrawal letter, how to handle situations where a school pushes back, and what documentation to keep. Delaware's laws are genuinely simple; the guide makes sure the process matches the simplicity the law intends.

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