IEP Evaluation Process in Delaware
How long does Delaware have to complete an IEP evaluation?
Delaware's evaluation timeline is 60 calendar days from receipt of written parental consent for the initial evaluation (14 Del. Admin. Code 925 § 8.2(c)). This is stricter than the federal baseline of 60 days and is expressly stated in state regulation — no modification is made for school calendar breaks under the standard 60-day rule. Delaware uses a multi-disciplinary team to conduct evaluations using a variety of assessment tools and strategies (14 Del. Admin. Code 925 § 8.1). No single test or assessment may be the sole criterion for determining eligibility (14 Del. Admin. Code 925 § 8.1(a)). Assessments must be administered in the language and form most likely to yield accurate information (14 Del. Admin. Code 925 § 8.1(c)). Delaware requires an independent educational evaluation (IEE) at public expense if parents disagree with the school's evaluation (14 Del. Admin. Code 925 § 8.4). Reevaluations must occur at least every three years (triennial), but may be conducted more often if conditions warrant; no reevaluation may occur more than once per year without parental consent (14 Del. Admin. Code 925 § 8.3). For SLD evaluations, Delaware mandates an RtI-based approach using data from scientific, research-based interventions (14 Del. Admin. Code 925 § 16.0).
What Delaware Requires
Initial evaluations must be completed within 60 calendar days of receiving written parental consent (14 Del. Admin. Code 925 § 8.2(c)).
A multi-disciplinary evaluation team must use a variety of assessment tools and strategies; no single test or procedure may be the sole basis for determining eligibility (14 Del. Admin. Code 925 § 8.1(a)).
All assessments must be administered in the language and form most likely to yield accurate information about the student's abilities, not their English proficiency (14 Del. Admin. Code 925 § 8.1(c); 34 CFR 300.304(c)(1)(ii)).
Reevaluations must occur at least every three years; no reevaluation may be conducted more than once per year without parental consent (14 Del. Admin. Code 925 § 8.3).
Delaware requires a review of existing evaluation data before deciding whether additional assessments are needed for a reevaluation; the school must notify parents and obtain consent if new assessments will be conducted (14 Del. Admin. Code 925 § 8.3(b)).
For SLD evaluations, districts must use an RtI process based on the child's response to scientific, research-based intervention as the primary evaluation approach (14 Del. Admin. Code 925 § 16.0).
Parents must receive a copy of the evaluation report and prior written notice of eligibility determination (14 Del. Admin. Code 925 § 8.2(d); 34 CFR 300.306(a)(2)).
Key Timelines
Initial evaluations must be completed within 60 calendar days of written parental consent (14 Del. Admin. Code 925 § 8.2(c)) — Delaware's 60-day clock begins from written consent, consistent with federal law.
Reevaluations must occur at least every three years (triennial) unless the parent and school agree a reevaluation is unnecessary (14 Del. Admin. Code 925 § 8.3(a)).
Following an evaluation, an eligibility meeting must be held and the IEP (if eligible) must be completed within 30 days of the eligibility determination (14 Del. Admin. Code 925 § 9.0).