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| That's not all folks. . . . |
| What about our rights? Are they being violated by public servants who decide how many days per year, in what manner, and at what ages we must educate our children? Does the Constitution delegate this duty to the State? Does it allow for freedom of parental choice in education? |
| Wait a minute! It doesn't say anything about the children who are "educated by other means". Are we supposed to assume that it MEANT to say that those children must be under the supervision of the State? The framers of this Constitution must have slipped up! They forgot to ensure that every child be protected from their parents' judgement. We can't be trusted, you know, to direct the education of our children, without the oversight of this State's esteemed educational bureaucrats. |
| There must be something in the law (Delaware Code) which can clear this up for us. . . . right? SURE! Let's take a look at the statutes which define the powers and duties of the DOE. Title 14 Education, Part 1 Free Public Schools, Chapter 1 Department of Education, Subchapter 2 Powers and Duties |
| So there it is, the Department of Education need only supervise the PUBLIC schools of the State. Hmm . . . So, why are there statutes, some of which were as recently added as 1997, introduced and lobbied by DOE, which place the DOE in charge of supervising the non-public schools of the State? We have to examine these statutes as well. |
| Sections 2702 - 2704 pertain to non-public schools. Section 2702: Compulsory Attendance Requirements; Evaluation of Readiness (a) Except as otherwise set forth in this section, every person in the state having control of a child between 5 years of age and 16 years of age shall send such child to a free public school, . . . . (Oh, this one has been around for many years, but it was probably the first step in the wrong direction, or perhaps the language has been "tweaked" since it first appeared. I am working on getting actual dates and original language so we can determine the history. A link will be posted when it is complete.) Section 2703: Private school attendance or other educational instruction (a) Section 2702 of this title shall not apply to any student enrolled in a private school who is receiving regular and thorough instruction in the subjects prescribed for the Public schools of the State in a manner suitable to children of the same age and stage of advancement, provided that such private school is subject to, and in compliance with Section 2704 of this title. For the purposes of this section, any student who is home-schooled in affiliation with a home school association or organization registered with the Department of Education shall also be exempt from the provisions of Section 2702 of this title. (b) The provisions of Section 2702 of this title shall not apply to any student who is home-schooled and who is not affiliated with a home school association or organization registered with the Department of Education; provided, that the student's instruction is accomplished under the auspices of the local school district superintendent of the district in which the student resides. The local superintendent shall determine in writing that the student is or will be provided with regular and thorough instruction in the subjects prescribed for the public schools of the State in a manner suitable to children of the same age and stage of advancement. (Somehow, we lost the integrity to teach our children to meet our own expectations. We must conform to their proven standards. . . . or else!) Section 2704: Report of Private Schools to Department (a) All persons conducting private schools, which includes homeschools and homeschool associations, and all private educational associations, corporations, or institutions shall report to the Department of Education annually, on or before the 31st day of July, as to enrollment, age of pupils, and attendance. (b) Such persons shall also submit annually a statement of enrollment as of the last day in September. This report shall be submitted on such forms and in such manner as from time to time may be prescribed by the Department of Education. (And if you don't report, your children are considered truant, which could lead to charges of educational neglect.) |
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