IEP Modifications in Delaware: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a Delaware IEP?
In Delaware, modifications are changes to the curriculum content, instructional level, or performance expectations for a student with a disability, distinct from accommodations which maintain the same standards. The IEP must document all program modifications under 14 Del. Admin. Code 925 § 9.1(d), and must also explain the extent to which the student will not participate with nondisabled peers in the regular class and nonacademic activities (14 Del. Admin. Code 925 § 9.1(e)). Students with the most significant cognitive disabilities who require extensive modifications to the general curriculum may take the DCAS-Alt1 alternate assessment rather than the standard DCAS (14 Del. Admin. Code 925 § 9.1(g)). Delaware follows LRE requirements consistent with 34 CFR 300.114–300.120; placement decisions must consider the least restrictive environment first. The IEP team must document consideration of whether any modification is necessary to support the student's learning while maximizing participation with nondisabled peers.
What Delaware Requires
The IEP must document all program modifications and supports for school personnel (14 Del. Admin. Code 925 § 9.1(d); 34 CFR 300.320(a)(4)).
The IEP must explain the extent to which the student will not participate with nondisabled peers in regular classes and nonacademic activities (14 Del. Admin. Code 925 § 9.1(e)).
Students with the most significant cognitive disabilities may take DCAS-Alt1; the IEP must justify why the student cannot participate in the standard DCAS (14 Del. Admin. Code 925 § 9.1(g)).
Placement decisions must consider least restrictive environment before recommending modifications that remove a student from general education (14 Del. Admin. Code 925 § 10.0; 34 CFR 300.114).
The IEP team must annually consider whether modifications remain appropriate and whether the student can increase participation in the general curriculum (14 Del. Admin. Code 925 § 11.0).
Key Timelines
Modifications must be reviewed at least annually as part of the IEP review (14 Del. Admin. Code 925 § 11.0).
The need for modifications must be reevaluated and documented at every IEP meeting (14 Del. Admin. Code 925 § 11.0).