Del. C. » Title 14 — Education · Free Public Schools · CHAPTER 29. Transportation of Pupils
Delaware Code

14 Del. C. § 2905 (2026)

Rules and regulations regarding the transportation of students of public and nonpublic, nonprofit elementary and high schools

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(a) The Department of Education shall make rules and regulations concerning the transportation of students in public elementary and secondary schools in this State.

(b) The Department shall make rules and regulations regarding the transportation of students in nonpublic, nonprofit elementary and secondary schools in this State. The rules and regulations shall provide for at least the following:

(1) All rules and regulations relative to student transportation to nonpublic, nonprofit schools are the same as those applicable to public schools.

(2) The rules and regulations shall limit transportation of students in nonpublic, nonprofit schools to the elementary and secondary schools, except as provisions of this title may assign the transportation responsibility to the Department of Education on behalf of students enrolled at other levels in a public school system.

(3) Out-of-district transportation for nonpublic, nonprofit school students is required in accordance with the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1400 et seq.], § 504 of the Rehabilitation Act of 1973 [29 U.S.C. § 794], or any other State or federal law.

14 Del. C. 1953, §  2905;  56 Del. Laws, c. 270;  71 Del. Laws, c. 180, §  141;  76 Del. Laws, c. 226, §  3;  85 Del. Laws, c. 376, § 1;
Notes of Decisions
Cited in 2 cases, 1975–1976 · leading case: Evans v. Buchanan, 393 F. Supp. 428 (D. Del. 1975).
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Evans v. Buchanan, 393 F. Supp. 428 (D. Del. 1975). · cites it 2× “14 Del.C. § 2905. Although the statute expressly provided that the subsidy would only be available for transportation "within the described boundaries of a public school district and not beyond those boundaries", § 2905(c), the Board of Education thereafter adopted regulations…”
Evans v. Buchanan, 416 F. Supp. 328 (D. Del. 1976). “at 436-37 ; 14 Del.C. § 2905. 182 . See 393 F.Supp. at 436 , and cf.”
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