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SPONSOR: Rep. Neal & Sen. Hocker
Reps. Morrison, Yearick, Lambert, Shupe, Hilovsky,
Jones Giltner, Snyder-Hall; Sens. Pettyjohn, Wilson,
Brown, Buckson, Cruce, Hansen, Hoffner, Huxtable,
Lawson, Lockman, Mantzavinos, Paradee, Pinkney,
Poore, Richardson, Seigfried, Sokola, Sturgeon,
Townsend, Walsh
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 350
AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO HOMESCHOOL STUDENT PARTICIPATION
IN EXTRACURRICULAR ACTIVITIES.
1 WHEREAS, Delaware offers families educational choice, including the choice to homeschool their students; and
2 WHEREAS, as of October 2023, 4,466 Delaware students were homeschooled, according to the Department of
3 Education’s Nonpublic School Report; and
4 WHEREAS, according to the United States Census Bureau, participation in extracurricular activities can help
5 students develop social skills, boost self-esteem and resiliency, and lower levels of risky behaviors; and
6 WHEREAS, when a non-participating student participates in extracurricular activities or sports, they show better
7 mental health outcomes over time facilitated by high peer belongingness, according to an article in the journal, Frontiers in
8 Sports and Active Living; and
9 WHEREAS, homeschool students would also benefit from the social and emotional development derived from
10 participating in extracurricular activities, including sports; and
11 WHEREAS, extracurricular activities can be prohibitively expensive to a parent seeking to enroll their student
12 through the private market; and
13 WHEREAS, there may be an opportunity to incorporate homeschool students into the extracurricular activities
14 offered by what would be that student’s school of residence if that student were a public school student; and
15 WHEREAS, there may be an opportunity to incorporate homeschool students into the extracurricular activities
16 offered by charter schools or vocational-technical school districts; and
17 WHEREAS, homeschool integration into extracurricular activities should be contingent on there being available
18 capacity in the public school and, if applicable, the same tryouts and proof of ability required of public school students; and
19 WHEREAS, other states have utilized a variety of methods to incorporate homeschool students into extracurricular
20 activities offered through the public school system; and
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21 WHEREAS, the General Assembly intends to use the expertise of the Department and our State’s school districts,
22 charter schools, and vocational-technical school districts to gather information about the inclusion of homeschool students
23 in extracurricular activities and whether and how that might be achieved, such as through a pilot program.
24 NOW, THEREFORE:
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
26 Section 1.
27 For purposes of this Act:
28 (1) “Department” means the Department of Education.
29 (2) “Extracurricular activity” means a public school-sponsored activity in which students take part on a
30 voluntary basis. “Extracurricular activity” includes preparation for and involvement in public performances, contests,
31 athletic competitions, displays, and club activities.
32 (3) “Homeschool” means as defined in § 2703A of Title 14 of the Delaware Code.
33 (4) “School of residence” means a student’s assigned public school or program within the school district in
34 which the student would be enrolled based on the student’s place of residence.
35 Section 2. The Department shall, in collaboration with school districts, charter schools, and vocational-technical
36 school districts, make findings and recommendations about all the following:
37 (1) The advisability of developing a pilot program regarding homeschool students’ participation in
38 extracurricular activities in those students’ schools of residence or within a charter school or vocational-technical
39 school.
40 (2) The feasibility of allowing homeschool students to join extracurricular activities within each student’s
41 school of residence.
42 (3) The feasibility of allowing homeschool students to join extracurricular activities within a charter school or
43 a vocational-technical school district school.
44 (4) Whether there are extracurricular activities or categories of extracurricular activities into which it would
45 not be feasible or advisable to integrate homeschool students.
46 (5) Different considerations that might need to be undertaken about homeschool student participation in
47 extracurricular activities, including considerations that relate to similar participation by students in other nonpublic
48 school settings, depending on the category of extracurricular activity.
49 (6) Any issues associated with integrating homeschool students into extracurricular activities on the same
50 basis as students enrolled in public school, and recommendations on how to address the issues.
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51 (7) Any impact on public school students, in general, and any impact on those public school students who are
52 participating in extracurricular activities, if homeschool students are integrated into extracurricular activities.
53 (8) Any costs of allowing homeschool students to participate in extracurricular activities, and methods for
54 covering those costs, if any.
55 (9) Identification of any significant distinctions between integration of homeschool students into
56 extracurricular activities when that student is in grades K–5 versus grades 6-8 versus grades 9–12.
57 (10) Potential eligibility criteria that a homeschool student would need to meet to participate in an
58 extracurricular activity.
59 (11) Any potential to partner with nonpublic schools to incorporate homeschool students into extracurricular
60 activities in nonpublic schools. The Department may seek feedback from nonpublic schools.
61 Section 3. By December 31, 2027, the Department shall submit its findings and recommendations to all of the
62 following:
63 (1) The Chief Clerk of the House of Representatives, for distribution to all Representatives.
64 (2) The Secretary of the Senate, for distribution to all Senators.
65 (3) The Director and the Librarian of the Division of Legislative Services.
66 (4) The Controller General.
67 (5) The Governor.
68 Section 4. This Act expires on the date of publication in the Register of Regulations of a notice that the
69 Department has submitted its findings and recommendations under Section 3 of this Act. The Director of the Division of
70 Legislative Services shall provide written notice to the Registrar of Regulations that the Department has submitted its
71 findings and recommendations under Section 3 of this Act. The Registrar shall publish the notice in the Register of
72 Regulations.
SYNOPSIS
This Act requires the Department of Education, in collaboration with school districts, charter schools, and
vocational-technical school districts, to make findings and recommendations regarding the advisability of incorporating
Delaware homeschool students into public school extracurricular activities within the public school that the student would
be attending based on residence if that student were enrolled in public school or within charter schools or vocational-
technical school districts, including the creation of a pilot program.
The Department shall report its findings and recommendations by December 31, 2027. This Act expires on the
date of publication in the Register of Regulations of a notice that the Department has submitted its findings and
recommendations. The Director of the Division of Legislative Services shall provide notice to the Registrar of Regulations.
Since the legal effect of a joint resolution would expire on November 3, 2026 (the date the General Assembly
expires), this reporting requirement is being placed in the Laws of Delaware so as to continue its legal effect until the
submission of notice that the Department has submitted its findings and recommendations. This Act expires on the
promulgation of notice of the report required in Section 3 of this Act being submitted, which is why the Laws of Delaware
are being amended rather than a more permanent change in Title 14 of the Delaware Code.
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