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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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.
Safeguarding Home Education Freedoms at the Local Level
While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.
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.
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.
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...
Delaware Department of Education
The website for the Delaware Department of Education.
Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary
In Pierce v. Society of the Sisters, the U.S. Supreme Court ruled that "the fundamental theory of liberty upon which all governments of this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the creature of the state."
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.
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.
Home School Laws from HSLDA
Find the laws pertaining to home education for all 50 states and U.S. territories.
Legal Directory By State
The Association of HomeSchool Attorneys (AHSA) provides a list of attorneys who consult with and/or represent homeschoolers.
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recog...
U.S. Department of Education
The website for the U.S. Department of Education.
Cato Institute
The Cato Institute was founded in 1977 by Edward H. Crane. It is a non-profit public policy research foundation headquartered in Washington, D.C. The Cato Institute seeks to broaden the parameters of public policy debate to allow consideration of the traditional American principles of limited government, individual liberty, free markets and peace. Toward that goal, the Institute strives to achieve greater involvement of the intelligent, concerned lay public in questions of policy and the proper ...
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