Delaware Special Education Requirements
What special education requirements does Delaware have beyond federal law?
Delaware's special education requirements are governed by 14 Del. C. Chapter 31 (Children with Disabilities) and 14 Del. Admin. Code 925 (Children with Disabilities — the state's primary implementing regulation). Delaware follows IDEA Part B requirements with several state-specific additions: (1) short-term objectives or benchmarks are required for ALL students with disabilities, not only those taking alternate assessments; (2) the evaluation timeline is 60 calendar days from written parental consent; (3) Delaware has a dedicated restraint and seclusion regulation (14 Del. Admin. Code 611); (4) Delaware is a one-party consent state for recording (11 Del. C. § 2402); and (5) Delaware provides FAPE for students ages 3 through 21 (14 Del. C. § 3110). The Delaware Department of Education (DDOE), through its Exceptional Children Resources (ECR) office, is the state educational agency (SEA) responsible for supervising and monitoring special education. Each local education agency (LEA) in Delaware must submit an annual performance plan to DDOE and participate in the State Performance Plan (SPP) and Annual Performance Report (APR) processes. Delaware also participates in the National Center for Special Education in Charter Schools and has a robust charter school special education framework.
What Delaware Requires
Delaware requires short-term objectives or benchmarks for ALL students with disabilities — state law exceeds federal IDEA which requires them only for alternate-assessment students (14 Del. Admin. Code 925 § 9.1(b)).
Evaluation timeline is 60 calendar days from written parental consent for initial evaluations (14 Del. Admin. Code 925 § 8.2(c)).
Delaware provides FAPE for students ages 3 through 21; students who have not yet received a high school diploma remain eligible through the school year in which they turn 22 (14 Del. C. § 3110).
Delaware is a one-party consent state for audio or video recording under 11 Del. C. § 2402, meaning a parent participating in an IEP meeting may legally record it without notifying other participants.
14 Del. Admin. Code 611 (Physical Restraint and Seclusion) is a standalone Delaware regulation imposing requirements beyond federal IDEA, including same-day parent notification and prohibition of prone restraints that restrict breathing.
DDOE's Exceptional Children Resources (ECR) office is the SEA responsible for monitoring compliance and providing technical assistance to Delaware LEAs (14 Del. C. § 3109).
Charter schools in Delaware are LEAs and must fully comply with IDEA and 14 Del. Admin. Code 925 — charter status does not reduce special education obligations (14 Del. C. § 512A; 34 CFR 300.209).
Key Timelines
FAPE is provided from age 3 through age 21 (through the school year of the 22nd birthday if no diploma received) (14 Del. C. § 3110).
Initial evaluations: 60 calendar days from written parental consent (14 Del. Admin. Code 925 § 8.2(c)).
IEP development: within 30 calendar days of eligibility determination (14 Del. Admin. Code 925 § 9.0).
Annual IEP review: at least once per year (14 Del. Admin. Code 925 § 11.0).
Triennial reevaluation: at least every three years (14 Del. Admin. Code 925 § 8.3(a)).