Have you heard adults or teachers mention “ESA laws” and wondered what that means? ESA stands for Education Savings Account. In some states, these special accounts help families pay for school choices outside regular public schools—like private school tuition, homeschooling costs, certified tutoring, or even therapy—using money that would otherwise go to public schools. ESAs are a big part of the “school choice” conversation, but what about in Delaware?
How Do ESAs Work in Other States?
Let’s take a quick look at how ESAs work in places like Arizona and Florida. When families sign up, the state puts money (sometimes around $7,000 per year for each student) into a special account. Parents can then use those funds for:
- Private school tuition
- Homeschool curriculum and materials
- Online learning programs
- Certified tutoring or special therapies
- Standardized test fees (SAT, ACT, AP exams, etc.)
- Educational supplies and technology
In some states, almost any K–12 student can apply, while in others, only kids with special needs or from certain areas qualify. ESAs are about letting families design a learning plan that fits their unique needs, not just sending every kid to the same neighborhood school.
Does Delaware Have ESA Laws?
Here’s the simple answer: Delaware does NOT have an Education Savings Account (ESA) program for K–12 students. That means Delaware families can’t use public money in a special account for private school, tutoring, homeschooling, or other alternative educational expenses.
Some other states—like Arizona, Arkansas, and Florida—have big ESA programs. In Delaware, however, lawmakers and leaders haven’t passed any law creating ESAs for families. That’s just how things are (at least for now).
What School Choice Options Exist in Delaware?
Even though Delaware doesn’t have ESAs, it’s not the only option families have. Here are some ways Delaware families can find a school that fits their needs:
- School Choice/Open Enrollment: Delaware allows families to apply to attend public schools outside their assigned neighborhood (as long as there’s space). This means you might be able to go to a school across town—or even in another district.
- Charter Schools: Delaware has several public charter schools with unique themes—like STEM, the arts, or college prep. Anyone can apply, but there are often lotteries when more kids want to enroll than there are spaces.
- Magnet Programs: Some districts offer magnet programs with special focuses, like science, performing arts, or language immersion.
- Homeschooling: Delaware allows families to homeschool their children. You just have to file paperwork each year and follow some basic guidelines, but there’s no ESA or public money to help pay for books or classes.
- Private Schools: There are many private and parochial (religious) schools in Delaware, but families pay tuition out of pocket or seek scholarships—not with ESA funds.
Does Delaware Have Anything Like an ESA?
Not really, at least for K–12 students. But there are a few programs that help in other ways:
- Special Education Services: If a student has an Individualized Education Program (IEP), the school district must pay for certain therapies and supports. Sometimes, if a public school can’t provide what a student needs, the state may pay for private school or outside services. This isn’t an ESA, but it’s a kind of support for special situations.
- Scholarships: Private organizations, churches, and charities offer some scholarships for private school, but these are not state-funded ESAs.
- College Savings Plans: Delaware has the “DE529” plan—a tax-free savings account for college (not K–12), a bit like an ESA but just for higher education expenses.
Why Doesn’t Delaware Have an ESA Law?
Delaware is a small state with a strong tradition of supporting public schools. Many lawmakers and educators think that ESAs could take money away from neighborhood schools, especially in communities that already struggle with funding. Others argue that more choices would help families whose public school isn’t the right fit.
The debate is ongoing, and as other states create or expand ESA programs, Delaware may revisit the idea in the future. But for now, the state focuses on giving families options within the public system.
Are There Any New ESA Proposals in Delaware?
Every year, school choice supporters and lawmakers in Delaware talk about ways to help families, including tax credit scholarships or voucher-like programs. But no ESA bills have become law. For now, most of Delaware’s school funding goes straight to public schools and districts.
That could change someday—especially if other states show that ESAs improve student success or family satisfaction.
How Does Delaware Compare to Other States?
While states like Arizona and Florida have ESAs that let families use public money for many education options, Delaware sticks to public school choices like open enrollment and charter schools. If Delaware families want private school or extra tutoring, they usually have to pay for it themselves or apply for scholarships from private groups.
What’s It Like for Delaware Families?
Most Delaware families attend their local public school, but open enrollment and charter schools are becoming more popular. Some students travel across town for a special program, others homeschool, and a few attend private school with help from scholarships or family resources. But there’s no ESA to pay for these costs.
For many, Delaware’s size means it’s easier to find a good fit nearby—even without ESA funding.
Fun Facts About School Choice in Delaware
- Delaware’s “School Choice” program lets you apply to almost any public school in the state (as long as there’s room and you apply by the deadline).
- There are over 20 public charter schools in Delaware, serving thousands of students statewide.
- The Delaware Military Academy is one of the only JROTC-based public charter high schools in the country!
- Homeschooling in Delaware has doubled since 2020, and families often work together in learning “pods” or local co-ops.
- The state’s DE529 plan is just for college—so don’t confuse it with K–12 ESAs you might hear about in other states.
What Does the Future Hold?
As ESAs grow in popularity across the country, it’s possible Delaware will look at creating its own program in the future. For now, though, the focus is on making public schools and charter options as strong as possible.
If Delaware ever does pass an ESA law, it will likely be debated in the legislature and maybe even by the voters themselves!
How Can Families Learn More?
The Delaware Department of Education website is the best starting point for families looking for info about school choice, charter schools, open enrollment, or special education. Charter schools, magnets, and private schools usually hold open houses and info nights to help families explore their options.
And don’t forget—school counselors and teachers can answer lots of questions about your local options and how to apply.
Wrapping Up: Delaware ESA Laws—Not Here Yet, But Choices Still Matter
Delaware doesn’t have an ESA law for K–12 students, but that doesn’t mean families are stuck. With school choice, charters, magnets, and homeschooling, there are ways to find the right fit. If you want to use public money for private education, you’ll have to wait for a law to pass—but the conversation continues, and the future could hold surprises.
So, next time someone asks about ESAs in Delaware, you’ll know the real story—and maybe have a few ideas about the future of school choice in the First State!
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