IEP Timelines in Delaware
What are the IEP timelines in Delaware?
Delaware has several key special education timelines, some of which exceed federal IDEA minimums. The evaluation timeline is 60 calendar days from written parental consent for an initial evaluation (14 Del. Admin. Code 925 § 8.2(c)) — this matches federal IDEA's 60-day default. The IEP must be developed and implemented within 30 calendar days of the eligibility determination (14 Del. Admin. Code 925 § 9.0). The IEP must be reviewed at least annually (14 Del. Admin. Code 925 § 11.0). Reevaluations must occur at least every three years (14 Del. Admin. Code 925 § 8.3). For state complaints, DDOE must resolve within 60 calendar days of receipt (14 Del. Admin. Code 925 § 17.3). Due process hearings must be resolved within 45 calendar days after the 30-day resolution period (34 CFR 300.515). Transition planning must begin by age 16. Rights transfer to the student at age 18. Restraint/seclusion incidents require same-day parent notification (14 Del. Admin. Code 611 § 5.0). Manifestation Determination Reviews must occur within 10 school days of a disciplinary change-of-placement decision (14 Del. Admin. Code 925 § 15.4).
What Delaware Requires
Initial evaluation must be completed within 60 calendar days of written parental consent (14 Del. Admin. Code 925 § 8.2(c)).
IEP must be developed within 30 calendar days of the eligibility determination (14 Del. Admin. Code 925 § 9.0).
IEP must be reviewed at least annually (14 Del. Admin. Code 925 § 11.0).
Triennial reevaluation must occur at least every three years (14 Del. Admin. Code 925 § 8.3(a)).
State complaints must be resolved by DDOE within 60 calendar days of receipt (14 Del. Admin. Code 925 § 17.3; 34 CFR 300.152).
Due process hearing decision must be issued within 45 calendar days after the close of the 30-day resolution period (34 CFR 300.515).
Transition planning must begin no later than the first IEP when the student turns 16 (14 Del. Admin. Code 925 § 9.1(i)).
Rights transfer to the adult student at age 18; the IEP team must notify the student at least one year prior (14 Del. C. § 3140).
Restraint/seclusion incidents must be reported to parents on the same calendar day (14 Del. Admin. Code 611 § 5.0).
Manifestation Determination Review must occur within 10 school days of a disciplinary change-of-placement decision (14 Del. Admin. Code 925 § 15.4; 34 CFR 300.530(e)).
Key Timelines
Evaluation consent to eligibility: 60 calendar days (14 Del. Admin. Code 925 § 8.2(c)).
Eligibility to IEP: 30 calendar days (14 Del. Admin. Code 925 § 9.0).
Annual IEP review: at least once every 12 months (14 Del. Admin. Code 925 § 11.0).
Triennial reevaluation: at least every 36 months (14 Del. Admin. Code 925 § 8.3(a)).
State complaint resolution: 60 calendar days from receipt (14 Del. Admin. Code 925 § 17.3).
Due process resolution period: 30 days; hearing decision: 45 days after close of resolution period (34 CFR 300.510, 300.515).
Transition IEP: by age 16 (14 Del. Admin. Code 925 § 9.1(i)).
Rights transfer notification: at least one year before age 18 (14 Del. C. § 3140).
Restraint/seclusion parent notification: same calendar day (14 Del. Admin. Code 611 § 5.0).
MDR: within 10 school days of change-of-placement decision (14 Del. Admin. Code 925 § 15.4).