IDEA Disability Categories in Delaware
What disability categories qualify for an IEP in Delaware?
Delaware recognizes all 13 federal IDEA disability categories plus Developmental Delay (DD) for children ages 3 through 9, as implemented through 14 Del. Admin. Code 925 § 5.0 (definitions) and 14 Del. Admin. Code 925 §§ 14.0–16.0 (eligibility criteria). The 13 IDEA categories are: Autism (AUT), Deaf-Blindness (D/B), Deafness (DEA), Emotional Disturbance (ED), Hearing Impairment (HI), Intellectual Disability (ID), Multiple Disabilities (MD), Orthopedic Impairment (OI), Other Health Impairment (OHI), Specific Learning Disability (SLD), Speech or Language Impairment (S/LI), Traumatic Brain Injury (TBI), and Visual Impairment Including Blindness (VI). Developmental Delay (DD) is available as a category for children ages 3 through 9 (and up to age 9 with DDOE approval) when the team determines DD is the appropriate category rather than a more specific disability (14 Del. Admin. Code 925 § 5.0). Delaware uses the term 'Emotional Disturbance' consistent with federal IDEA, not 'Emotional/Behavioral Disorder.'
What Delaware Requires
Delaware recognizes all 13 IDEA disability categories plus Developmental Delay (DD) for children ages 3–9 (14 Del. Admin. Code 925 § 5.0; 34 CFR 300.8).
Developmental Delay (DD) may be used for children ages 3–9; districts may adopt DD for up to age 9 with DDOE approval (14 Del. Admin. Code 925 § 5.0; 34 CFR 300.8(b)).
A child must be identified under one of the recognized disability categories AND require special education as a result of the disability to be eligible for services (14 Del. Admin. Code 925 § 14.1).
Medical diagnoses do not automatically confer IDEA eligibility; the IEP team must determine both the disability category and the need for special education (14 Del. Admin. Code 925 § 14.0).
Delaware uses 'Emotional Disturbance' (consistent with federal IDEA § 300.8(c)(4)), not an alternate state-specific label.
Key Timelines
Disability category must be determined as part of the initial evaluation process, which must be completed within 60 calendar days of parental consent (14 Del. Admin. Code 925 § 8.2(c)).
Disability category is reviewed at every triennial reevaluation and may be revised based on updated assessment data (14 Del. Admin. Code 925 § 8.3).