The Honorable Pascal D. Forgione, Jr.
June 23, 1995
Page 3

handicapped students in Delaware. Neither of these provisions apply to a regular education nonresident student seeking admission to an established, non-joint educational facility in a Delaware school district. Title 14 of the Delaware Code, therefore, does not permit a Delaware school district to accept a regular education student who resides in another state other than as provided in § § 121(14) and 606.

Because a school district may not accept a nonresident student under the conditions you describe, your questions regarding the party responsible for such a student's tuition and the necessity of seeking a waiver from the DSSAA Board of Directors need not be addressed at this time. Presently, this office would only note that DSSAA's Rule 1C requirement that a student live with his parent or legal guardian in the attendance zone of the school he attends to be eligible for interscholastic athletics complies with 14 Del. C. § 202(c), which provides that "[p]ersons attending the public schools of this State shall attend the public schools in the school district within which they reside," and DSSAA must be guided by state law in its evaluation of a student's eligibility for interscholastic sports.

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