Del. Code Ann. tit. 14, § 314
(a) A period of ineligibility under § 313 of this title does not apply and a student is not required to seek a waiver of ineligibility if any of the following apply:
The student’s transfer is the result of the student becoming homeless, as “homeless children and youths” is defined under the McKinney-Vento Education for Homeless Children and Youths Act, 42 U.S.C. § 11434a.
The student’s transfer is the result of court action. “Court action” means an order from a court that affects a legally-committed student. A copy of the court order signed by a judge, commissioner, or master of a court of competent jurisdiction is required to meet this exception. A petition for the transfer of custody or guardianship, an affidavit, or a notarized statement signed by the affected parties is not sufficient to meet this exception.
The student’s transfer is under § 202(f) of this title.
The student’s transfer is based on the student attending a sending school that is a persistently dangerous school or the student is the victim of a violent felony while in or on the grounds of the sending school, and the student opts to transfer to safe school in the same school district under the Unsafe School Choice Option Policy under 14 DE Admin. Code 608.
The student’s transfer is because the student experienced harassment, intimidation, or bullying at the student’s sending school that resulted in the implementation of a process or policy under Chapter 41 of this title. This exception is established through documentation from the student’s sending school that the sending school investigated a complaint under Chapter 41 of this title and determined that the proper action to remediate the complaint is an alternative placement or school transfer. Neither the Board nor the Executive Director may hold a hearing or investigate whether the student was harassed, intimidated, or bullied.
The student’s sending school has closed or discontinued all of the school’s interscholastic athletics sports programs. To establish that the sending school discontinued all of the school’s interscholastic athletics sports programs, the student or sending school must submit to the receiving school and Executive Director documentation demonstrating that the sending school’s interscholastic athletics sports programs have been discontinued.
The student’s transfer follows a change in the student’s primary residence, and the change in residence was made with the intent that it is permanent and not primarily for athletic purposes. A student is eligible if any of the following apply:
The student’s change in residence is directly related to an order from a branch of the United State military service, including a reserve component.
The student’s change in residence is due to the student’s family changing legal residence.
The student changes residences from out-of-state and into this state, and is attending a high school in this state for the first time. Paragraphs (a)(7)b.1. through 5. of this section apply to meet this exception.