Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Delaware and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Delaware.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
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Home School Laws from HSLDA
Find the laws pertaining to home education for all 50 states and U.S. territories.
Delaware Statute - Title 14, Part 1, Chapter 27, 2701-2704.
Education - Free Public Schools. Chapter 27 - School Attendance. Subchapter I - School Attendance Requirements. This statute pertains to exemptions for those parents who chose to educate their children at home. See specifically sections 2703 (Private school attendance or other educational instruction) and 2703A (Homeschools defined). Section 2704 pertains to reporting requirements.
Alliance for the Separation of School & State
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
The Rutherford Institute
The Rutherford Institute is an international legal and educational organization dedicated to preserving human rights and defending civil liberties. Deeply committed to protecting the constitutional freedoms of every American and the integral human rights of all people, The Rutherford Institute has emerged as a prominent leader in the national dialogue on civil liberties and equal rights. Parents have a constitutional right to direct and control the upbringing of their children, and laws or gove...
Association of Home School Attorneys-Custody Discussion Group
This list is an opportunity for homeschoolers involved in custody issues to contact other homeschoolers for information about homeschooling attorneys and experts, as well as exchange ideas and information about handling custody disputes as a result of homeschooling.
Stand for Freedom
Some veteran home educators seem to take a firm stand on principles that others don't even recognize as issues. Is it that they are just stubborn, rebellious, or cantankerous? Probably not.
Delaware Department of Education
The website for the Delaware Department of Education.
Delaware Home School Laws
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Delaware. Includes a link to a legal analysis of laws relating to homeschooling in Delaware.
National Home Education Legal Defense (NHELD)
National Home Education Legal Defense was founded by Attorney Deborah G. Stevenson as a non-sectarian legal support organization. NHELD offers its members legal assistance by an attorney licensed to practice in your state working with NHELD licensed attorneys. Members are also kept apprised of pending legislative action, scholarship programs, and other programs beneficial to homeschoolers.
Home School Legal Defense Association (HSLDA)
The Home School Legal Defense Association is a non-profit advocacy organization established to defend and advance the constitutional right of parents to direct the education of their children and to protect family freedoms. HSLDA offers annual memberships and fully represents member families when they are in need of legal assistance. HSLDA also participates in legislative advocacy and research.
Delaware Education Law Awareness
Delaware Education Law Awareness is an email list discussing new and current legislation that affects parents' rights in directing the education of their children.
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
Homeschool Registration Forms
Provided by the Delaware Department of Education. Includes Single-Family Homeschool Registration Form, Multi-Family Homeschool Registration Form, and Single-Family Homeschool Coordinated With the Local School District Registration Form.
Delaware Home Education Association (DHEA)
DHEA is a non-profit, all volunteer association of Delaware homeschoolers. Promotes homeschooling in the state of Delaware to maintain the least restrictive environment in which to homeschool. Also interacts with the Legislature and Department of Education on homeschooling issues, and provides information to homeschoolers in Delaware so that they can interact with their elected representatives on homeschooling issues.
AHSA-USA Email List
This list is an opportunity for homeschoolers to contact homeschooling attorneys and experts about homeschooling legal and litigation issues. It is an informal network of attorneys and legal experts that are concerned with litigation pending and threatened against homeschoolers. Its primary purpose is to exchange legal information within the profession, and to educate and support attorneys and experts involved in homeschool litigation.
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Featured Resources

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