HB 173 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION ENROLLMENT OF MILITARY-CONNECTED STUDENTS.

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McBride, Sokola, Sturgeon, Townsend, Wilson HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.

173 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION ENROLLMENT OF MILITARY-CONNECTED STUDENTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend § 202, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 202.

Free Schools;

ages;

attendance within school district;

nonresidents of Delaware.

(g) For the purposes of this section, a military-connected student who is the dependent of either a person in the active military service of the United States, or in a full-time status during active service with a force of the Delaware national guard, whose parent or guardian is being relocated to the state under military orders and is transferred to or is pending transfer to a military installation within the state, shall be deemed to be a resident for the purposes of enrollment by the receiving local school district.

The local school district shall permit military-connected students to enroll preliminarily by remote registration without charge and shall not require the parent or guardian of the military-connected student or the student to physically appear at a location within the district to register the student, if the parent or guardian presents evidence of military orders that a parent or guardian will be stationed in this state during the current or following school year.

The parent or guardian may use an address within the district of residence where the military-connected student is to be enrolled, the address of a temporary on-base billeting facility, a purchased or leased home or apartment, or federal government or public-private venture off-base military housing.

Proof of required residency shall not be required at the time of the remote registration but shall be required within ten days of the student’s attendance, unless the attendance occurs within the unit count window, where proof of residency should be provided prior to the close of unit count.

Section 2.

Amend § 402, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 402.

Definitions For the purposes of this chapter, the following terms shall have the following meanings:

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06/02/202105/05/2021 01:0103:26 PM 2141510304(1) “District of residence” shall mean means any reorganized school district in which the parent of a student resides.

resides, and in the case of a military-connected student, means the anticipated district of residence.

SYNOPSIS This Act allows the parent or guardian of a military-connected student to preliminarily enroll the student by remote registration in a school district where the parent or guardian is in the active military of the United States or in full-time status during active service with a force of the Delaware National Guard, if the parent or guardian is being transferred to Delaware under military orders and is transferred to or is pending transfer to a military installation within Delaware.

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