IEP Eligibility in Delaware: Who Qualifies?
What qualifies a child for an IEP in Delaware?
To be eligible for special education in Delaware, a child aged 3 through 21 must (1) have a disability in one of the recognized categories under 14 Del. Admin. Code 925 § 5.0, and (2) need special education and related services as a result of the disability (14 Del. Admin. Code 925 § 14.1). A child is not eligible if the primary reason for the learning difficulty is a lack of appropriate instruction in reading or math, limited English proficiency, or cultural or economic factors (14 Del. Admin. Code 925 § 14.2; 34 CFR 300.306(b)). Delaware's eligibility criteria for Specific Learning Disability (SLD) emphasize a Response-to-Intervention (RtI) framework — districts must use a process based on the child's response to scientific, research-based intervention as the primary method; use of the discrepancy model (IQ-achievement discrepancy) is permitted but not required (14 Del. Admin. Code 925 § 16.0). For Emotional Disturbance, the team must document a pattern of behavior over a long period of time and to a marked degree (14 Del. Admin. Code 925 § 5.0, definition). Developmental Delay (DD) is available for ages 3–9.
What Delaware Requires
Eligibility requires both (1) a disability in a recognized category and (2) a need for special education and related services as a result of the disability (14 Del. Admin. Code 925 § 14.1; 34 CFR 300.8).
A child is not eligible if the learning difficulty is primarily due to lack of instruction, limited English proficiency, or cultural/economic factors (14 Del. Admin. Code 925 § 14.2; 34 CFR 300.306(b)).
For Specific Learning Disability (SLD), Delaware requires districts to use a process based on the child's response to scientific, research-based intervention (RtI) as the primary eligibility method (14 Del. Admin. Code 925 § 16.0).
Districts may also use a discrepancy model (IQ-achievement) or other alternative research-based procedures for SLD identification; the discrepancy model alone is not prohibited (14 Del. Admin. Code 925 § 16.0; 34 CFR 300.307(a)).
For Emotional Disturbance, criteria require that the emotional/behavioral problem has persisted over a long period of time, to a marked degree, and adversely affects educational performance (14 Del. Admin. Code 925 § 5.0).
Developmental Delay (DD) may be used for children ages 3–9 and requires documented delays in physical, cognitive, communication, social-emotional, or adaptive development (14 Del. Admin. Code 925 § 5.0; 34 CFR 300.8(b)).
Key Timelines
Eligibility determination must be completed within 60 calendar days of written parental consent for an initial evaluation (14 Del. Admin. Code 925 § 8.2(c)).
The IEP must be developed within 30 calendar days of the eligibility determination (14 Del. Admin. Code 925 § 9.0; 34 CFR 300.323(c)).
Reevaluation to review continued eligibility must occur at least every three years (triennial), or more frequently if conditions warrant (14 Del. Admin. Code 925 § 8.3).