Due Process Hearings in Delaware
How does due process work for IEP disputes in Delaware?
Delaware parents and schools may request due process hearings to resolve disputes about the identification, evaluation, educational placement, or provision of FAPE for students with disabilities (14 Del. Admin. Code 925 § 19.0; 34 CFR 300.507). Delaware uses an independent hearing officer system administered through DDOE. Due process hearings in Delaware are conducted by qualified, impartial hearing officers selected from the state's panel. The request must identify the issues in dispute and may be filed by either the parent or the school. A 30-day resolution period follows the due process filing, during which the parties must meet to attempt resolution (34 CFR 300.510). If unresolved, the hearing proceeds. Delaware follows the two-year statute of limitations for due process complaints (14 Del. Admin. Code 925 § 19.1; 34 CFR 300.507(a)(2)). Delaware parents have the right to be represented by an attorney or lay advocate at due process hearings. Decisions may be appealed in state or federal court. During due process proceedings, the student remains in the current educational placement (stay-put provision) unless both parties agree otherwise (34 CFR 300.518).
What Delaware Requires
Due process hearings may be requested by parents or the school over any matter relating to identification, evaluation, educational placement, or FAPE (14 Del. Admin. Code 925 § 19.0; 34 CFR 300.507).
Delaware follows a two-year statute of limitations for due process complaints from the date the parent knew or should have known of the alleged violation (14 Del. Admin. Code 925 § 19.1; 34 CFR 300.507(a)(2)).
A 30-day resolution period must occur before the hearing proceeds; the school must convene a resolution meeting within 15 calendar days of receiving the due process complaint (34 CFR 300.510).
During due process proceedings, the student must remain in the current educational placement (stay-put) unless both parties agree otherwise or the hearing officer orders a change (14 Del. Admin. Code 925 § 19.2; 34 CFR 300.518).
Delaware hearing officer decisions are final and binding unless appealed in state or federal court within 90 days (14 Del. Admin. Code 925 § 19.3; 34 CFR 300.514).
Delaware is a one-tier due process state (no intermediate state review); appeals go directly to state or federal court (14 Del. Admin. Code 925 § 19.3).
Key Timelines
The school must convene a resolution meeting within 15 calendar days of receiving the due process complaint (34 CFR 300.510(a)).
The resolution period is 30 days; if unresolved, the due process hearing may proceed (34 CFR 300.510(b)(1)).
The hearing officer must issue a final decision within 45 calendar days of the expiration of the 30-day resolution period (34 CFR 300.515(a)).
Due process complaints must be filed within two years of when the parent knew or should have known of the alleged violation (14 Del. Admin. Code 925 § 19.1; 34 CFR 300.507(a)(2)).
Appeals from hearing officer decisions must be filed in state or federal court within 90 days of the decision (14 Del. Admin. Code 925 § 19.3; 34 CFR 300.514).