School Choice Policies

Charter School Choice

Does the state have charter schools?

Are for-profit charter schools or management companies allowed?

Did not find

Is there a cap on the number of charter schools?


In the school years 1996-1997, 1997-1998, and 1998-1999 no more than five charter school could be established each year. Also, a local school board may limit the number of applications it considers and the number of charters it will grant in any year.

§ 501 Legislative intent
§ 511(h) Approval procedure

Are charters required to provide transportation for any students?


Charters are responsible for transporting students who reside in the district where the school is located. Transportation can be provided by: the school district, the charter itself, or a contractor. In the case of students not residing in the district where the charter school is located, the parents of such students shall be responsible for transporting the child without reimbursement to and from a point on a regular bus route of the charter school.

§ 508 Responsibility for student transportation.

Can charter schools employ uncertified teachers?


All teachers working in charter schools shall hold an appropriate teaching certificate and license, unless a charter thinks it beneficial to hired an uncertified teacher. In this case, the teacher must hold at least a bachelor's degree and comprise no more than 35% of teachers at the school. If a teacher teaches only one subject, a teacher needs a bachelor's degree in that subject.

§ 507(c) Labor relations

Virtual School Choice

Do state statutes allow for full-time virtual schools?

Did not find-

We did not find anything about virtual schools in Delaware statutes. Education Commission of the States states that state law does not allow for virtual charter schools.

Education Commission of the States 50 State Comparison

Are virtual schools required to track attendance?

Did not find

Do virtual schools have to comply with state teacher certification requirements?

Did not find

Private School Choice

Does the state have voucher programs?


No voucher programs found.

EdChoice School Choice in America

Does the state have educational expense tuition tax credits or deductions?


No educational expense tax credits or deductions found.

EdChoice School Choice in America

Can students use vouchers to attend religious schools?

Not Applicable

Is there a cap on the number of students or private schools participating in voucher programs?

Not Applicable

Are voucher students in private schools required to take any standardized tests?

Not Applicable

Can private schools be removed from voucher programs based on performance?

Not Applicable

Are private schools in voucher programs required to provide transportation?

Not Applicable

Interdistrict School Choice

Does the state have interdistrict choice programs?


"For the school year commencing July 1, 1996, and each succeeding school year, a parent residing within this State may enroll that parent’s child in a public school in any school district in the manner provided in this chapter."

§ 401(c) Establishment; statement of purpose.

Are receiving schools or districts required to provide transportation to any students?


Parents are solely responsible for transportation, without compensation.

§ 409(a) Transportation.

Page last updated: December 2020

Click here to download the State Policy Spreadsheet. Click here to download the State Policy Map Data Memo.

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The State Policy Map provides a snapshot of school choice policy found in laws passed by the legislative bodies, for all 50 states and Washington, D.C., based on information gathered from state statutes in fall 2019; data checks continued through December 2020. Information on this site may not include the most up-to-date policy information. The State Policy Map does not systematically reflect state Department of Education administrative policies, rules, or regulations. All content on this site is provided for informational purposes only. Links to third-party websites are for the user’s convenience; neither REACH nor any affiliated entities endorse the contents of third-party sites.

Note: On June 30, 2020, the U.S. Supreme Court ruled that Montana's exclusion of religious schools from the state's tax credit scholarship program was unconstitutional (Espinoza v. Montana Department of Revenue 591). The responses to the question "Can students use vouchers to attend religious schools?" were collected before this ruling and therefore do not reflect any changes resulting from the Espinoza decision.