Delaware § 402 - Definitions [For application of this section, see 83 Del. Laws, c. 316, § 3].

§ 402. Definitions [For application of this section, see 83 Del. Laws, c. 316, § 3].

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

(1) “Application” shall mean the standard application for educational options. This application, which consists of an online application or a written application, shall be provided by the Department of Education.

(2) “District of residence” means any reorganized school district in which the parent of a student resides, and in the case of a military-connected student, means the anticipated district of residence.

(3) “Good cause” means a change in a child’s residence due to a change in family residence, or a change in the state in which the family residence is located within 60 days of obtaining a new lease or mortgage, a change in a child’s parent’s marital status, a change caused by a guardianship proceeding, placement of a child in foster care, adoption, a change in a waitlist offer as defined in § 405(c) and (d) of this title, participation by a child in a foreign exchange program, a reported, recorded, and substantiated instance of “bullying” against their child as defined in § 4161 of this title, or participation by a child in a substance abuse or mental health inpatient or day treatment program, or a set of circumstances consistent with this definition of “good cause.”

(4) “Online application” shall mean the standard application receipt and processing tool approved by the Department of Education and used by all reorganized school districts, vocational-technical school districts, and charter schools.

(5) “Parent” shall mean parent, relative caregiver pursuant to § 202(f) of this title or legal guardian of the person of the child.

(6) “Receiving district” shall mean any reorganized school district other than the district of residence in which a student seeks to enroll. Where the district of residence includes more than 1 school or more than 1 program within any school providing instruction at a given grade level, and a parent of a child entering such grade level applies to enroll that parent’s child in a public school program within the district of residence other than the program in which the child would normally be enrolled based on the child’s place of residence, the district of residence shall also be considered to be the receiving district for all purposes of this chapter, except for the purposes of § 408 of this title.

(7) “Receiving local education agency” shall mean any public authority legally constituted by the State as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions, other than the school district of residence, which administers any school or program in which a student seeks to enroll, including any receiving district. Where the local education agency is the school district of residence that includes more than 1 school or more than 1 program within any school providing instruction at a given grade level, and a parent of a child entering such grade level applies to enroll that parent’s child in a public school program within the district of residence other than the program in which the child would normally be enrolled based on the child’s place of residence, the district of residence shall also be considered to be the receiving local education agency for all purposes of this chapter, except for the purposes of § 408 of this title. Notwithstanding § 505 of this title, the term “receiving local education agency” shall include reorganized school district, vocational-technical school district or charter school.

(8) “Working days” shall mean working days as determined by a local education agency’s administrative calendar.

70 Del. Laws, c. 180, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 242, §  6;  75 Del. Laws, c. 48, §  1;  79 Del. Laws, c. 35, §  2;  79 Del. Laws, c. 267, §  1;  79 Del. Laws, c. 323, §  1;  80 Del. Laws, c. 383, § 1;  81 Del. Laws, c. 122, § 9;  83 Del. Laws, c. 166, § 2;  83 Del. Laws, c. 316, § 1;  84 Del. Laws, c. 233, § 21;