§ 403 — Pupil application; withdrawal [For application of this section, see 83 Del. Laws, c. 316, § 3]

Delaware § 403

• Jurisdiction: Delaware
• Title: 14
• Part: Free Public Schools
• Ch. 4: SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM

Text

(a) (1) Any parent of a school age child may apply to enroll that parent’s own child in a school or program in a reorganized school district, vocational-technical school district, or charter school by submitting an online application or written application, on a standard form provided by the Department of Education, to the Department of Education or to the receiving local education agency and to the district of residence on or after the first Monday in November and on or before the second Wednesday in January for enrollment during the following school year, except that a parent may apply to a receiving local education agency until the first day of the school year for enrollment in a kindergarten program during that school year. Any student not currently registered in a public school in the State of Delaware must be registered in their school of residence before submitting a Delaware standard application for education options.

(2) a. To be eligible to apply to a school or program in a receiving local education agency under paragraph (a)(1) of this section, a child must first be registered in the child’s assigned public school within the district that the child would normally be enrolled based on the child’s place of residence.

b. The registration required under paragraph (a)(2)a. of this section must be through the uniform registration process under Chapter 4A of this title, whether through internet-based or in person registration.

c. During the registration process under paragraph (a)(2)a. of this section, there must not be unnecessary barriers or burdens to accessing school choice opportunities.

(3) The Department of Education shall distribute applications to the appropriate receiving local education agency no later than 10 working days after the application deadlines set forth in this subsection.

(4) Receiving districts may require the submission of information beyond that contained in the standard form provided that it requires the submission of the same information by the parents of children residing in the attendance zone for the school.

(5) Notwithstanding the requirements of this subsection, charter schools, vocational-technical school districts, and magnet schools may accept applications submitted after the second Wednesday in January to fill remaining availability.

(b) If a parent of a school age child fails to file an application by the deadline established in subsection (a) of this section, and good cause exists for the failure to meet the deadline, the receiving local education agency and the district of residence shall accept and consider the application in the same manner as if the deadline had been met.

(c) The parent of a school age child may withdraw the application at any time prior to action on the application by the board of the receiving local education agency by giving written notice to the boards of the receiving local education agency and the district of residence.

(d) The parent shall indicate on the standard form the schools and programs to which the parent is applying on behalf of the parent’s child, as well as the parent’s order of preference of the schools or programs.

Legislative History

70 Del. Laws, c. 180, § 3 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 387, § 1 ; 71 Del. Laws, c. 180, § 20 ; 71 Del. Laws, c. 242, §§ 4, 5 ; 75 Del. Laws, c. 48, § 2 ; 79 Del. Laws, c. 35, § 3 ; 79 Del. Laws, c. 267, § 2 ; 83 Del. Laws, c. 252, § 2 ; 83 Del. Laws, c. 316, § 1 ; 84 Del. Laws, c. 42, § 1