Required IEP Sections in Delaware
What sections are required in an IEP in Delaware?
Delaware IEPs must contain all components required by federal IDEA (34 CFR 300.320) as implemented through 14 Del. Admin. Code 925 § 9.0. Required sections include: a statement of present levels of academic achievement and functional performance; measurable annual goals with short-term objectives or benchmarks (required for ALL Delaware students, exceeding the federal baseline); a description of special education and related services, supplementary aids and services, and program modifications; an explanation of the extent to which the student will not participate with nondisabled peers; individual appropriate accommodations for state and districtwide assessments; the projected start date and frequency, location, and duration of services; and how progress will be measured and reported. Delaware additionally requires that the IEP document consideration of assistive technology needs, behavior intervention needs (when behavior impedes learning), ESL needs for students with limited English proficiency, Braille instruction for students who are blind or visually impaired, and communication needs (14 Del. Admin. Code 925 § 9.2). Transition planning requirements begin at age 16 (or younger if appropriate). Upon reaching age of majority (18), the IEP must document transfer of rights (14 Del. Admin. Code 925 § 9.1(k)).
What Delaware Requires
Present levels of academic achievement and functional performance must describe how the disability affects involvement in the general curriculum, or for preschool students, participation in appropriate activities (14 Del. Admin. Code 925 § 9.1(a)).
Measurable annual goals with short-term objectives or benchmarks must be included for ALL Delaware students with disabilities — Delaware requires this for all students, not only those taking alternate assessments (14 Del. Admin. Code 925 § 9.1(b)).
The IEP must specify all special education, related services, supplementary aids and services, and program modifications with start date, frequency, location, and duration (14 Del. Admin. Code 925 § 9.1(d), (f)).
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)).
The IEP team must consider assistive technology, behavior supports, ESL needs, Braille for blind students, and communication needs during IEP development (14 Del. Admin. Code 925 § 9.2).
Individual appropriate accommodations for state assessments (DCAS, DCAS-Alt1) must be specified; if the student will take an alternate assessment, the IEP must explain why and which alternate assessment is appropriate (14 Del. Admin. Code 925 § 9.1(g)).
At age 18, the IEP must document that the student has been informed of the transfer of rights to the adult student (14 Del. Admin. Code 925 § 9.1(k); 14 Del. C. § 3140).
Key Timelines
The IEP must be in effect at the beginning of each school year (34 CFR 300.323(a)).
Initial IEP must be developed and implemented within 30 calendar days of the eligibility determination (14 Del. Admin. Code 925 § 9.0; 34 CFR 300.323(c)).
The IEP must be reviewed at least annually and revised as needed (14 Del. Admin. Code 925 § 11.0).
Prior written notice of IEP changes must be provided to parents a reasonable time before implementation (14 Del. Admin. Code 925 § 12.0).