sending district, or whether it may be charged to and paid by the student's parents. Finally, if a school district is able to accept a regular education nonresident student other than as provided in § 121(14), whether acceptance of a nonresident student automatically overrides the Delaware Secondary School Athletic Association's ("DSSAA") Residency Rule No. 1C, or whether the receiving school must request a waiver to the rule from the DSSAA Board of Directors.
It is the opinion of this office that a Delaware School District is not permitted under the Delaware Code to accept a regular education student who resides in another state other than as provided in 14 Del. C. § 121(14). Title 14 of the Delaware Code specifically contemplates admission of nonresident students to the public schools of this State, but authorizes attendance of nonresident students only "under such terms and conditions as may otherwise be provided by law." 14 Del. C. § 202. A review of Title 14 yields only two sections setting forth terms and conditions under which nonresident students of this state may attend its public schools: § 121(14), authorizing the establishment and operation of joint educational facilities, and § 606, authorizing acceptance of nonresident handicapped students, as defined in 14 Del. C. § 3101, by special schools for
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