Delaware Code
Subchapter I. System of Free Public Schools
§ 202A. School enrollment for children in the custody of the Department of Services for Children, Youth and Their Families.

(a) For purposes of this section, “school of origin” means any of the following:

(1) The school in which the child is enrolled at the time of entry into the custody of the Department of Services for Children, Youth and Their Families (DSCYF).
(2) The school in which the child is enrolled at the time of any change in placement while in the custody of DSCYF.
(3) The school identified for the next grade level in the same school district where the child in the custody of DSCYF is enrolled.
(b) (1) A child in the custody of DSCYF under Chapter 25 of Title 13 must remain in the child's school of origin, unless a determination is made that it is not in the child's best interest to attend such school.
(2) If it is determined that it is not in the best interest of a child to remain in the child's school of origin, the child must immediately be enrolled in the child's school of residence based on the current address of the DSCYF custody placement, even if the records or other documents normally required for enrollment are not produced. The school in which the child is enrolled shall immediately contact the child's school of origin to obtain relevant academic and other records.
(3) The determination of a child's best interest under this subsection must, at a minimum, be made by a representative of DSCYF, a representative of the child's school of origin, and a representative of the child's school of residence based on the address of the DSCYF custody placement at the time of the determination.
(c) (1) If a child leaves the custody of DSCYF, the child must remain in the school in which the child is enrolled through the remainder of the academic year, unless a determination is made that it is not in the child's best interest.
(2) The determination of a child's best interest under this subsection must, at a minimum, be made by a representative of DSCYF, a representative of the school in which the child is enrolled, and a representative of the child's school of residence based on the address of the DSCYF custody placement at the time of the determination.
(d) The Secretary of Education shall promulgate regulations to establish a process for the determination of a child's best interest under subsections (b) and (c) of this section.

Structure Delaware Code