Filing a State Complaint in Delaware
How do you file a state complaint about an IEP violation in Delaware?
Delaware parents may file a State Complaint with the Delaware Department of Education (DDOE) Exceptional Children Resources office when they believe the school district has violated a requirement of IDEA, state regulations, or both (14 Del. Admin. Code 925 § 17.0). The DDOE must resolve the complaint within 60 calendar days of receipt, unless exceptional circumstances justify an extension. Complaints must be filed within one year of the alleged violation and must allege a specific violation by a specific school or agency. The DDOE investigates, issues written findings, and may order corrective action and/or compensatory services. Separately, parents may request mediation to resolve disputes without a formal hearing; mediators are selected from a Delaware state list and the process is voluntary (14 Del. Admin. Code 925 § 18.0). Due process hearings are also available and are conducted before a Delaware hearing officer (14 Del. Admin. Code 925 § 19.0). Complaints and due process hearings are separate options — filing a complaint does not preclude filing for due process.
What Delaware Requires
State Complaints must be filed with DDOE Exceptional Children Resources within one year of the alleged IDEA or regulatory violation (14 Del. Admin. Code 925 § 17.1).
DDOE must resolve a state complaint within 60 calendar days of receipt; extensions are permitted only under exceptional circumstances (14 Del. Admin. Code 925 § 17.3; 34 CFR 300.152(a)).
The complaint must identify the specific violation, the agency responsible, and include the complainant's proposed resolution if known (14 Del. Admin. Code 925 § 17.1; 34 CFR 300.153(b)).
DDOE may order corrective action and/or compensatory education upon finding a violation (14 Del. Admin. Code 925 § 17.4).
Filing a state complaint does not preclude a parent from also requesting a due process hearing; they are separate processes that may run concurrently on different issues (14 Del. Admin. Code 925 § 17.5; 34 CFR 300.151(b)).
Key Timelines
State complaints must be filed within one year of the alleged violation (14 Del. Admin. Code 925 § 17.1; 34 CFR 300.153(c)).
DDOE must issue a written decision within 60 calendar days of receiving the complaint (14 Del. Admin. Code 925 § 17.3; 34 CFR 300.152(a)(1)).
Extensions beyond 60 days are permitted only for exceptional circumstances and must be documented (34 CFR 300.152(b)).