Delaware § 404 - Receiving district and local education agency procedures.
Full text of Delaware Delaware Code § 404 — Receiving district and local education agency procedures., with citation guidance and answers to common questions.
§ 404. Receiving district and local education agency procedures.
(a) Within 10 working days after an application deadline, the receiving district shall transmit a notice to the district of residence that it has received the application.
(b) The board of the receiving local education agency shall take action no later than the last day of February of the school year preceding enrollment to approve or disapprove an application for admission to a program in grades 1 through 12, and no later than June 15 of the school year preceding enrollment to approve or disapprove an application for admission to a kindergarten program. Charter schools, vocational-technical school districts, and magnet schools may act on applications accepted in accordance with the provisions of § 403(a) of this title to fill remaining availability.
(c) With respect to any application filed in accordance with the provisions of § 403(b) of this title, the board of the receiving local education agency shall take action to approve or disapprove the application no later than 45 days after receipt thereof, unless the application is received prior to a lottery conducted as outlined in a local education agency’s enrollment policy in the case of over-enrollment.
(d) The board of the receiving local education agency shall transmit a notice of the board’s action to the parent of the child, and to the board of the district of residence within 5 working days after board action.
(e) The parent who applied for the child shall notify the board of the receiving local education agency in writing no later than the third Friday in March, whether an offer is accepted or rejected.
(f) No later than November 30 of each year, the board of each receiving district shall transmit to the Department of Education notice of the capacity of each school in the receiving district for the following academic year and the projected enrollment for the following academic year. The capacity and projected enrollment figures may be revised until January 30. For the purposes of this subsection, “capacity” shall have the same meaning as set forth in § 405(d) of this title, and “projected enrollment” shall mean the total number of returning students and new attendance zone students the receiving district anticipates will enroll for the following academic year.
(g) No later than October 31 of each year, each receiving district shall hold at least 1 public information session about choice opportunities available in schools and programs in that district for the coming academic year.
70 Del. Laws, c. 180, § 3; 70 Del. Laws, c. 387, § 2; 79 Del. Laws, c. 35, § 4; 79 Del. Laws, c. 267, § 3;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 404
What does Delaware Code § 404 cover?
Section 404 ("Receiving district and local education agency procedures.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 404?
A common citation format is "Delaware Code § 404" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 404 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.