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).
Sources
Related IEP Guides
How to Request an IEP Evaluation (Step by Step)
Learn how to request a special education evaluation for your child. Sample letter, timelines, what happens after you ask, and what to do if the school says no.
My Child Was Found Ineligible for an IEP — Can We Try Again?
Ineligible is not permanent. Learn what new data triggers a re-evaluation, how to request one in writing, and what to do if the school says no.
IEP vs. 504 Plan: Which One Actually Protects Your Child?
An IEP changes how your child is taught. A 504 adjusts the conditions. Know the difference — and what to ask when school offers the wrong one.