Delaware § 404 Receiving district and local education agency procedures

Delaware Statutes

§ 404 — Receiving district and local education agency procedures

Delaware § 404

Title14

PartFree Public Schools

Ch. 4SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM

This text of Delaware § 404 (Receiving district and local education agency procedures) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 14, § 404 (2026).

Text

(a)Within 10 working days after an application deadline, the receiving district shall transmit a notice to the district of residence that it has received the application.

(b)The board of the receiving local education agency shall take action no later than the last day of February of the school year preceding enrollment to approve or disapprove an application for admission to a program in grades 1 through 12, and no later than June 15 of the school year preceding enrollment to approve or disapprove an application for admission to a kindergarten program. Charter schools, vocational-technical school districts, and magnet schools may act on applications accepted in accordance with the provisions of § 403(a) of this title to fill remaining availability.

(c)With respect to any application f

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(a) Within 10 working days after an application deadline, the receiving district shall transmit a notice to the district of residence that it has received the application.

(b) The board of the receiving local education agency shall take action no later than the last day of February of the school year preceding enrollment to approve or disapprove an application for admission to a program in grades 1 through 12, and no later than June 15 of the school year preceding enrollment to approve or disapprove an application for admission to a kindergarten program. Charter schools, vocational-technical school districts, and magnet schools may act on applications accepted in accordance with the provisions of § 403(a) of this title to fill remaining availability.

(c) With respect to any application filed in accordance with the provisions of § 403(b) of this title, the board of the receiving local education agency shall take action to approve or disapprove the application no later than 45 days after receipt thereof, unless the application is received prior to a lottery conducted as outlined in a local education agency’s enrollment policy in the case of over-enrollment.

(d) The board of the receiving local education agency shall transmit a notice of the board’s action to the parent of the child, and to the board of the district of residence within 5 working days after board action.

(e) The parent who applied for the child shall notify the board of the receiving local education agency in writing no later than the third Friday in March, whether an offer is accepted or rejected.

(f) No later than November 30 of each year, the board of each receiving district shall transmit to the Department of Education notice of the capacity of each school in the receiving district for the following academic year and the projected enrollment for the following academic year. The capacity and projected enrollment figures may be revised until January 30. For the purposes of this subsection, “capacity” shall have the same meaning as set forth in § 405(d) of this title, and “projected enrollment” shall mean the total number of returning students and new attendance zone students the receiving district anticipates will enroll for the following academic year.

(g) No later than October 31 of each year, each receiving district shall hold at least 1 public information session about choice opportunities available in schools and programs in that district for the coming academic year.