2012 Delaware Code
Title 14 - Education
CHAPTER 4. SCHOOL DISTRICT ENROLLMENT CHOICE PROGRAM
§ 405. Criteria for approval or disapproval.

(a) Each receiving district shall adopt and make available upon request a policy regarding the order in which applications for enrollment pursuant to this chapter shall be considered.

(b) Prior to the applicable application deadline established in § 403(a), each receiving district shall adopt and make available upon request a policy establishing criteria for acceptance or rejection of applications and setting priorities for acceptances. Such criteria shall be reasonably related to the nature of the program or school for which the application is submitted. Such criteria shall include the authority of the receiving district to reject an application based upon the requirements of any applicable existing individualized education plan relating to an applicant who has special needs. The policies adopted by each district shall, at a minimum, give priority to the following categories of students in the order listed:

(1) First, to returning students who continue to meet the requirements for the program or school, including students graduating from 1 school to another within a single program;

(2) Second, to students who meet the requirements for the program or school and who seek to attend based upon the residence of the student's parent within the designated feeder pattern, if any, for the school; and

(3) Third, to the siblings of students already enrolled in the school, provided that any siblings seeking priority under this paragraph meet the requirements for the program or school.

(c) A receiving district may disapprove an application because of lack of capacity in the district. It may also disapprove an application for a particular program or school because of lack of capacity in the program or school. For purposes of this subsection, "capacity" shall include but not be limited to such considerations as space, class size and enrollment restrictions reasonably related to the nature of the program or school for which the application is submitted.

(d) A district which is subject to a court-ordered desegregation plan may approve and disapprove applications in accordance with § 406(a) of this title.

70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 242, § 7.;