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. What there is: EdAccess registration, an official Acknowledgment Letter, school notification, and annual enrollment and attendance reporting.

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 requires EdAccess registration, annual enrollment and attendance reporting, and the correct school-notification sequence; it does not impose a specific minimum number of instructional days.

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 nonpublic school registration, which includes home instruction. You create an account at EdAccess, complete the Nonpublic School Application for your homeschool, enroll your student, and wait for the system to generate the official Acknowledgment Letter. This is the document the school uses to process the withdrawal.

The information you provide includes the school's basic demographic and contact information and the student's enrollment information. Delaware does not provide, endorse, accredit, approve, or monitor the curriculum used by a nonpublic school.

2. Your Local School District

After EdAccess processes the application and generates the Acknowledgment Letter, you notify your resident school district or school administration in writing that your child is being withdrawn and enrolled in a nonpublic school. Attach the Acknowledgment Letter and include the child's name, date of birth, grade, and the effective date of withdrawal.

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. The Acknowledgment Letter establishes the nonpublic-school placement; the district does not get to turn the withdrawal into a curriculum-approval 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: complete the EdAccess registration and obtain the Acknowledgment Letter before the child stops attending public school. For families withdrawing mid-year, present that letter with the district notification before the last day of attendance if safety allows. Do not wait until you have your curriculum selected, your room set up, or your schedule finalized.

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.

Annual Reporting and Recordkeeping

Once you are registered, Delaware does not require a specific minimum number of instructional days for a nonpublic school. The state does require annual enrollment reporting by September 30 and attendance reporting between June 1 and July 31. Maintain your own records so you can complete the attendance report and document your program if questions arise.

Diplomas and Transcripts

Delaware parents issue their own diplomas. The DDOE does not issue diplomas for nonpublic school students or validate homeschool credentials. The parent, as the school administrator, sets graduation criteria and issues the transcript and diploma; colleges, military recruiters, and employers may apply their own requirements.

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 and Inspire Scholarship programs have their own eligibility criteria. The research report identifies homeschool graduates as eligible when they meet the program requirements: SEED includes Delaware residency, a 2.5 GPA, and annual FAFSA filing; Inspire includes Delaware residency, a 2.75 GPA, 10 hours of community service per semester, and annual FAFSA filing. Review current requirements directly with OSFA and keep a clear parent-issued transcript. 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 EdAccess registration, Acknowledgment Letter, and school notification sequence is required. One part without the others leaves you legally incomplete.

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

Waiting to start until you feel "ready." There is no curriculum-readiness threshold. Start the EdAccess process when you decide to homeschool, not when your curriculum arrives.

Confusing notification with approval. Delaware does not approve homeschool curriculum. You do need to wait for EdAccess to process the registration and generate the Acknowledgment Letter before notifying the school; that is not the same as waiting for curriculum approval.

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 EdAccess registration, the Acknowledgment Letter, and 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, 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 sequence is the one part that catches people off guard. Complete EdAccess registration, wait for the Acknowledgment Letter, then send the school notification with a copy; keep copies of everything.

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