IEP Parent Rights in Delaware
What are your rights as a parent in the IEP process in Delaware?
Delaware parents of students with disabilities have extensive rights under both IDEA and Delaware law, codified in 14 Del. Admin. Code 925 § 12.0 (Prior Written Notice) and § 20.0 (Procedural Safeguards Notice). Key rights include: participation in IEP team meetings; receipt of Prior Written Notice before any proposed or refused action regarding identification, evaluation, placement, or FAPE; receipt of a copy of the Procedural Safeguards Notice at least annually (and upon initial referral, each time a due process complaint is filed, when a disciplinary action occurs, and upon parent request) (14 Del. Admin. Code 925 § 20.1). Parents must provide informed written consent for initial evaluation, initial placement, and reevaluation (when new assessments are needed) (14 Del. Admin. Code 925 § 8.2(a), 8.3(b)). Delaware is a one-party consent state for recording (11 Del. C. § 2402), meaning a parent (as a party to the conversation) may lawfully record IEP meetings without notifying other participants. Parents may revoke consent for services at any time (14 Del. Admin. Code 925 § 12.3; 34 CFR 300.300(b)(4)).
What Delaware Requires
Parents must receive Prior Written Notice (PWN) a reasonable time before any proposed or refused action regarding identification, evaluation, educational placement, or provision of FAPE (14 Del. Admin. Code 925 § 12.0; 34 CFR 300.503).
Parents must provide written informed consent before the initial evaluation, initial placement in special education, and any reevaluation that requires new testing (14 Del. Admin. Code 925 § 8.2(a), 8.3(b)).
Parents must receive a copy of the Procedural Safeguards Notice annually and upon specific triggering events (initial referral, due process complaint, disciplinary action, parent request) (14 Del. Admin. Code 925 § 20.1; 34 CFR 300.504(a)).
Delaware is a one-party consent state for recording under 11 Del. C. § 2402 — parents (as parties to IEP meetings) may lawfully record IEP meetings without informing other participants.
Parents may revoke consent for special education services at any time in writing; the school must stop services prospectively but is not required to undo past actions (14 Del. Admin. Code 925 § 12.3; 34 CFR 300.300(b)(4)).
Parents have the right to examine all educational records, request amendments, and file complaints over record-keeping under FERPA and IDEA (14 Del. Admin. Code 925 § 12.4; 34 CFR 300.613–300.626).
Unresolved parental disputes may be pursued through state complaint, mediation, or due process hearing — parents may choose any combination of these options (14 Del. Admin. Code 925 §§ 17.0–19.0).
Key Timelines
Prior Written Notice must be provided a reasonable time before the proposed action — DDOE guidance recommends at least 10 calendar days (14 Del. Admin. Code 925 § 12.0).
Procedural Safeguards Notice must be provided at least annually and upon specific triggering events (14 Del. Admin. Code 925 § 20.1; 34 CFR 300.504(a)).
Parents must respond to an evaluation consent request; if parents do not respond, the district may pursue evaluation through mediation or due process (14 Del. Admin. Code 925 § 8.2(b)).