IEP Service Delivery in Delaware
How are IEP services delivered in Delaware?
Delaware specifies that IEP services must be delivered in the least restrictive environment (LRE), with placement decisions made by the IEP team based on the student's individual needs (14 Del. Admin. Code 925 § 10.0). The continuum of placements available in Delaware includes regular class with supplementary aids and services, resource room, self-contained class, special school, homebound or hospital instruction, and residential placement (14 Del. Admin. Code 925 § 10.1). Delaware requires that the IEP specify the frequency, duration, and location of all services, and the extent to which the student will not participate with nondisabled peers must be explained (14 Del. Admin. Code 925 § 9.1(e)). Extended School Year (ESY) services must be provided when the IEP team determines they are necessary for the student to receive FAPE — Delaware follows the federal standard and does not limit ESY to specific disability categories or use a strict regression-recoupment formula (14 Del. Admin. Code 925 § 9.4). Delaware also uses the Statewide Assessment for students with disabilities and employs the Delaware Integrated Science Assessment (DISA) alongside the DCAS.
What Delaware Requires
Services must be delivered in the least restrictive environment; placement decisions must be individualized and made by the IEP team (14 Del. Admin. Code 925 § 10.0; 34 CFR 300.114).
A continuum of alternative placements must be available, from regular class to homebound to residential placement (14 Del. Admin. Code 925 § 10.1; 34 CFR 300.115).
The IEP must specify the frequency, duration, and location of each service; the extent of non-participation with nondisabled peers must be explained (14 Del. Admin. Code 925 § 9.1(d), (e)).
Extended School Year (ESY) services must be provided when necessary for FAPE; the IEP team determines ESY eligibility based on individual need, not solely regression-recoupment (14 Del. Admin. Code 925 § 9.4).
Transportation to and from special education placements must be provided as a related service when required by the IEP (14 Del. C. § 3110; 34 CFR 300.34(c)(16)).
Key Timelines
ESY eligibility must be determined by the IEP team, typically at the annual IEP meeting, before the close of the regular school year (14 Del. Admin. Code 925 § 9.4).
Placement must be determined at least annually in conjunction with the IEP review (14 Del. Admin. Code 925 § 10.0; 34 CFR 300.116(b)(1)).
Services must begin on the projected start date specified in the IEP (14 Del. Admin. Code 925 § 9.1(f)).