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Delaware

Homeschool Legislation Watch

Delaware's General Assembly meets in regular session from January through June each year, during which time new bills can be introduced. Sign up with any of our free or paid membership options to get important legislative and event information emailed as it is available.

There is currently 1 active homeschool-related bill.

HB 350 Status

May 21: HB 350 passed the House of Representatives. It will proceed to the Senate.

May 20: HB 350 was placed on the May 21 agenda for the House of Representatives.

April 22: HB 350 passed the House Education Committee. It will proceed to the full House.

April 21: HA 1 (House Amendment 1) to HB 350 was filed at Tri-State's request. This adds homeschool representation to the study process.

April 16: HB 350 has been scheduled for the next meeting of the House Education Committee on April 22 at 3:00pm in the House Chamber.

April 9: This bill has been assigned to the House Education Committee but has not yet been scheduled for a Committee meeting. That could possibly take place the week of April 20.

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HB 350 Summary

Introduced on April 9, HB 350 would require the Delaware Department of Education to study allowing homeschool students to participate in extracurricular activities in public, charter and vo-tech schools in the district where they live. This would include making "findings and recommendations" related to homeschooler extracurricular participation. This bill would not enable homeschoolers to access public school extracurricular activities; it would only study the possibility.

 

General Assembly links:

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HB 350 Analysis

Since HB 350 was introduced on April 9, 2026, homeschool families have started to look at what it could mean for the future of homeschooling in Delaware. Since Delaware’s current homeschool law was established in 2003, this is the first bill to propose a change in the relationship homeschoolers have with the state.


What the Bill Says
Starting with the text of the bill itself, this is largely a to-do list for the Department of Education. It directs the Department to study allowing homeschool students to participate in extracurricular activities in public, charter and vo-tech schools in the district where they live. This would include making "findings and recommendations" related to homeschooler extracurricular participation, including:

  • Advisability of a pilot program

  • Feasibility of allowing extracurricular participation for homeschoolers (including if any extracurricular activities should not be available to homeschoolers)

  • Costs

  • Grade level distinctions related to extracurricular activities

  • Potential eligibility criteria

and to complete the findings and recommendations by December 31, 2027. In making those findings and recommendation, the Department of Education is instructed to work “in collaboration with school districts, charter schools, and vocational-technical school districts”

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Following a discussion with the bill's sponsor on April 17, an amendment was added to address this gap. (HA 1)

Reasonably Foreseen Consequences

If such a study results in a recommendation to leave things as they are, at best it is a waste of taxpayer dollars and the Department of Education’s time. If it results in recommendations, much would depend on what the recommendations consist of, but several natural downstream consequences can be reasonably foreseen:

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  • Higher taxes: It would be impossible to consume more school resources without increasing the cost of delivering those resources. Districts need to cover their budgets either through local or state sources (1).  Handling costs are left to the study to determine.
     

  • A shift in philosophy: The stated goals of the bill include insight into the philosophy followed in drafting it. Besides the general benefits to students participating in extracurricular activities, the bill asserts two main things related to homeschoolers:
    1. “homeschool students would also benefit from the social and emotional development derived from participating in extracurricular activities, including sports”
    2. “extracurricular activities can be prohibitively expensive to a parent seeking to enroll their student through the private market”
    While true in some cases on the surface, this philosophy casts homeschoolers as a group in need of state-centered extracurriculars. For the past generation, parent-provided extracurriculars have thrived in Delaware to the point where we joke that homeschoolers are never home. Generally where there is a desire, parents step up and provide opportunities for their kids. Beyond that, opportunities are found in co-ops and private schools.
     

  • Strings attached? One of the findings and recommendation enumerated in the bill is “Potential eligibility criteria that a homeschool student would need to meet to participate in an extracurricular activity.” The most likely criterion that would be created is academic eligibility, which would open the door for the public school system to assess homeschoolers. What form that assessment would take is not specified in HB 350, but other states have used standardized test results, work reviewed by a certified teacher or state standards as a measure, all of which fall far outside of Delaware’s current law.

    Other criteria are possible, such as requiring enrollment for a class at the school as Arkansas does (2), requiring the school principal to approve a method of evaluation as Florida does (3), leaving eligibility entirely up to the local principal as Massachusetts does (4), requiring a specific list of subjects as currently required by the Delaware Interscholastic Athletic Association (5) or equating the authority of a teacher to that of the parent as Delaware public schools currently do: “While a student is entrusted in their care or supervision, public school teachers, and administrators have the same authority to control the behavior of the student and to discipline or punish the student as a parent…” (6)

    By definition, homeschoolers have either left the public school system (for a variety of reasons) or have never entered it to begin with. Aiming for independence in academics, but dependence for extracurriculars would present a disjointed approach to education. As Homeschool Oklahoma aptly noted:


Throughout Scripture, God’s people are cautioned not to trade long-term freedom for short-term comfort. When the Israelites longed for the “free fish” of Egypt, they forgot that it came with slavery:

“We remember the fish we ate in Egypt at no cost—also the cucumbers, melons, leeks, onions and garlic.” (Numbers 11:5)

They remembered the benefits and forgot the bondage. (7)


Isn’t it a good thing?
Several thoughts in favor of HB 350 are worth addressing as well:

 

“It’s optional”
It’s too early to say if the results of the study would be applied only to those opting to participate in extracurriculars or if they would become an effort to change the homeschool law or regulations for everyone. A guarded approach is warranted while the number of unknowns is high.


“We pay taxes, so we should have access”
Taxes are the price of living in an organized society. They are not an admission price to specific programs and are not transactional in terms of what the payer receives. Retirees, families with grown children and businesses all pay property taxes for schools without children in their families being enrolled there. The indirect benefits of a more educated society make the cost of schools broadly socially acceptable.

Summary
While HB 350 prescribes a study and not any change to the homeschool statute, the philosophy that casts homeschoolers in need of state-sponsored activities and the list of potential risks to homeschool freedom point to the need to keep the proverbial camel’s nose out of the tent. While the bill’s sponsor has stated that this path would not lead to changes to current state regulations, one member of a large committee cannot ensure that.

The most obvious alternative to HB 350 is to continue to find parent-led extracurricular opportunities outside of the public school system. Facebook groups like Delaware First State Homeschool abound with options and advice as well as provide a means to find other parents to partner with to create opportunities that don’t yet exist.

1. “State Report Cards - Delaware Department of Education.” K12.De.us, 2026, reportcard.doe.k12.de.us/detail.html#displaypage?scope=state&district=0&school=0&id=794. Accessed 17 Apr. 2026.

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‌2. “Arkansas Code of 1987 (2024) :: Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) :: Subtitle 2 - ELEMENTARY and SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) :: Chapter 15 - EDUCATIONAL STANDARDS and QUALITY GENERALLY (§§ 6-15-101 — 6-15-3204) :: Subchapter 5 - HOME SCHOOLS (§§ 6-15-501 — 6-15-510) :: Section 6-15-509 - Participation of Homeschooled Students in Interscholastic Activities - Definitions.” Justia Law, 2024, law.justia.com/codes/arkansas/title-6/subtitle-2/chapter-15/subchapter-5/section-6-15-509/. Accessed 17 Apr. 2026.

 3. “Statutes & Constitution :View Statutes : Online Sunshine.” State.fl.us, 2026, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1006/Sections/1006.15.html. Accessed 17 Apr. 2026.

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4. “Massachusetts Interscholastic Athletic Association Handbook, 54. Student Eligibility: Home Educated Students and Commonwealth Virtual School Students 54.1 Home Educated Students.” Miaa.net, 2024, www.miaa.net/about-miaa/equitable-competition/miaa-handbook.

 5. “Delaware Regulations. 1000 Student Activities, 1008 DIAA Junior High and Middle School Interscholastic Athletics, 2.5 Eligibility, Passing Work, Section 2.5.2” Delaware.gov, 2026, regulations.delaware.gov/AdminCode/title14/1000/1008.shtml. Accessed 17 Apr. 2026.

 6. Delaware Legislature. “Delaware Code Online. TITLE 14 Education Free Public Schools CHAPTER 7. Lawful Authority of Teachers Over Pupils” Delaware.gov, delcode.delaware.gov/title14/c007/index.html. Accessed 17 Apr. 2026.

 7. “Why Homeschool Oklahoma Opposes Tim Tebow Laws.” Homeschool Oklahoma, 15 Nov. 2025, www.homeschooloklahoma.org/2025/11/why-homeschool-oklahoma-opposes-tim-tebow-laws/.

©2026 by Tri-State Homeschool, Inc.

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