Homeschool Affidavit in Delaware: What You Actually File (and Why It's Not Called That)

When families search for "homeschool affidavit," they usually mean one thing: the legal document you file to tell the state you're pulling your child out of public school and starting to homeschool. In some states — California, Arizona, Pennsylvania — that document is literally called an affidavit. In Delaware, it goes by a different name. But the function is identical, and filing it incorrectly (or not at all) creates legal exposure you do not want.

This post explains exactly what Delaware's version of the homeschool affidavit is, where it goes, what it says, and the one dual-filing step that trips up most new families.

Delaware Does Not Use the Word "Affidavit"

Delaware Code Title 14 §2703A governs private school and home instruction. Under that statute, parents who homeschool are operating a "private school in the home." There is no sworn affidavit. There is no annual renewal. What there is: a one-time notification filed in two directions.

This is actually good news. Delaware is one of the lowest-regulation homeschool states in the country. No portfolio review. No standardized testing requirement. No curriculum approval. The state essentially says: notify us, maintain 180 days of instruction, and handle the rest yourself.

The Dual Notification Requirement

Here is where Delaware diverges from states that have a single filing destination. Delaware requires notification to two separate entities:

1. EdAccess (Delaware Department of Education)

EdAccess is the state's online portal for private school registration, which includes home instruction. You create an account at EdAccess, complete the private school registration for your home, and receive a registration number. This is your proof that you exist in the state's system.

The information you provide is minimal: parent name, student name(s), grade level(s), and a general description of your educational program. Delaware does not review or approve curriculum — the description field is a formality.

2. Your Local School District

Simultaneously, you notify your resident school district in writing that your child is being withdrawn and enrolled in a private school (your home school). Most districts have a form, though a simple letter on its own is legally sufficient. The letter should include the child's name, date of birth, grade, and the date instruction will begin.

If your child is currently enrolled in a public school, the district notification also serves as the withdrawal trigger. Without it, the district may flag your child as an unexcused absence.

What the Notification Actually Says

Whether you use the district's form or write your own letter, the substance is the same: you are informing the district that your child is enrolled in a private school pursuant to 14 Del. C. §2703A. That statutory citation matters. It tells the district exactly which legal framework applies — and it signals that you know your rights.

Some districts will write back asking for more information. Under Delaware law, they are not entitled to it. The notification is the end of the compliance chain, not the beginning of a review process. You do not owe the district a curriculum plan, sample lessons, or credentials.

When to File

Delaware does not specify a deadline in statute, but the practical answer is: before the first day of instruction. For families withdrawing mid-year, file the EdAccess registration and district notification before or on the day your child stops attending public school. Do not wait until you have your curriculum selected, your room set up, or your schedule finalized. The notification unlocks legal standing; everything else comes after.

For families with rising kindergartners who never enrolled in public school, file before the date your child would have started kindergarten to stay ahead of compulsory attendance.

The 180-Day Requirement

Once you are registered, Delaware requires 180 days of instruction per school year — the same as the public school calendar. There is no specific hour requirement per day. Delaware does not ask you to prove the 180 days with logs or reports. Maintain your own records in case a question ever arises, but no one is collecting them annually.

Diplomas and Transcripts

Delaware parents issue their own diplomas. There is no state-issued homeschool diploma and no state approval required for the one you create. The diploma is valid for most purposes in Delaware — college applications, military enlistment, and employment.

Transcripts are similarly parent-created. For families planning college applications, build a transcript that mirrors what a private school would produce: course titles, credit hours, grades, and a grade point average. Delaware colleges and universities are generally familiar with homeschool transcripts and do not require a third-party issuer.

Scholarships and Financial Aid

Delaware's SEED scholarship and Inspire Scholarship programs have their own eligibility criteria, and homeschool graduates should review those requirements directly with OSFA (Delaware Office of Student Financial Assistance). Some programs require a diploma from an accredited institution — which a parent-issued diploma is not. If college funding is on the horizon, research dual-enrollment options through Delaware colleges, which can put accredited college credits on a transcript before graduation.

Sports: The DIAA Bar

Delaware homeschoolers face a restriction that frequently surprises families coming from other states: the Delaware Interscholastic Athletic Association (DIAA) does not allow homeschool students to participate in public school sports teams. There is no Tim Tebow-style law in Delaware. If your child wants to compete at the interscholastic level, the options are private school enrollment, club sports, and homeschool co-op teams — not the local public high school team.

This is worth knowing before you file your notification, not after.

Common Mistakes to Avoid

Filing only with EdAccess and skipping the district. The dual notification is required. One without the other leaves you legally incomplete.

Filing the district notification and skipping EdAccess. Same problem, reversed.

Waiting to file until you feel "ready." There is no readiness threshold. File when you decide to homeschool, not when your curriculum arrives.

Confusing notification with approval. Delaware does not approve homeschool applications. The notification is not pending review. You do not need to wait for a response before starting.

Using the wrong legal citation. Some families write district letters that reference no statute at all. Citing 14 Del. C. §2703A costs you nothing and communicates that you understand the legal framework.

Getting the Paperwork Right

For families who want a complete, step-by-step walkthrough of both the EdAccess registration and the district notification — including what to write, what the district can and cannot request, and how to document your compliance from day one — the Delaware Legal Withdrawal Blueprint covers the full process. It includes ready-to-use notification templates for both filings, a compliance timeline, and scripts for handling pushback from district offices that are not familiar with Delaware's low-regulation framework.

Delaware's homeschool notification is genuinely simple compared to what families deal with in Maryland, New York, or Pennsylvania. The dual filing is the one part that catches people off guard. Get both submissions done on the same day, keep copies, and you are legally compliant.

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