IEP Related Services in Delaware

What related services can be included in an IEP in Delaware?

Delaware requires that each IEP specify all related services the student requires to benefit from special education, consistent with federal law (34 CFR 300.34) as implemented through 14 Del. Admin. Code 925. Related services include speech-language pathology, audiology, psychological services, physical therapy, occupational therapy, counseling, social work, school health and nursing services, parent counseling and training, transportation, recreation, assistive technology services, orientation and mobility, and interpreting services. Under 14 Del. Admin. Code 925 § 9.1(d), the IEP must specify the projected start date, frequency, location, and duration of each related service. The IEP team must consider assistive technology needs for every student, and when AT is required, it must be provided as part of FAPE (14 Del. Admin. Code 925 § 9.2(a)). Delaware public schools may contract for related services when they cannot provide them directly, but all services must be at no cost to the family (14 Del. C. § 3110).

What Delaware Requires

The IEP must specify each related service with its projected start date, frequency, location, and duration (14 Del. Admin. Code 925 § 9.1(d), (f); 34 CFR 300.320(a)(7)).

Related services include speech-language, audiology, OT, PT, counseling, psychological services, social work, nursing, transportation, recreation, assistive technology, orientation and mobility, and interpreting (34 CFR 300.34).

The IEP team must consider the need for assistive technology devices and services for every student; when needed, AT must be provided as part of FAPE, including at home when the IEP team determines it is necessary (14 Del. Admin. Code 925 § 9.2(a); 34 CFR 300.105).

Districts must provide related services at no cost to the family regardless of whether they can provide the service directly or must contract it out (14 Del. C. § 3110; 34 CFR 300.17).

For transfer students from within Delaware, comparable services must begin immediately upon enrollment; for out-of-state transfers, comparable services must begin while a new IEP is developed (14 Del. Admin. Code 925 § 8.5; 34 CFR 300.323(e)–(f)).

Key Timelines

Related services must begin on the projected start date in the IEP and be in effect at the beginning of each school year (14 Del. Admin. Code 925 § 9.1(f); 34 CFR 300.323(a)).

Related services must be reviewed at least annually as part of the IEP review (14 Del. Admin. Code 925 § 11.0).

For transfer students, comparable services must be provided promptly while a new IEP is developed (14 Del. Admin. Code 925 § 8.5; 34 CFR 300.323(e)–(f)).

Sources

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