Transition Age Rights in Delaware
What are the transition age rights for IEP students in Delaware?
In Delaware, transition planning must begin no later than the first IEP in effect when the student turns 16 (or younger if determined appropriate by the IEP team), consistent with federal IDEA (14 Del. Admin. Code 925 § 9.1(i); 34 CFR 300.320(b)). This is the federal baseline — Delaware does not lower the transition age below 16 by regulation, though IEP teams may begin transition planning earlier than 16 when appropriate. At age 18, all IDEA procedural rights transfer from the parent to the adult student under Delaware law (14 Del. C. § 3140; 14 Del. Admin. Code 925 § 9.1(k)); the IEP team must notify both the student and parent at least one year before the 18th birthday. Students remain eligible for FAPE in Delaware through age 21 (through the school year in which they turn 22 if no regular diploma has been received) (14 Del. C. § 3110). Delaware's Division of Vocational Rehabilitation (DVR) and other adult agencies may be invited to participate in transition IEP meetings when their services are likely to be needed (14 Del. Admin. Code 925 § 9.1(i); 34 CFR 300.321(b)(3)).
What Delaware Requires
Transition planning must begin no later than the first IEP in effect when the student turns 16 (or younger if appropriate) (14 Del. Admin. Code 925 § 9.1(i); 34 CFR 300.320(b)).
The transition IEP must include measurable postsecondary goals based on age-appropriate transition assessments in education/training, employment, and (when appropriate) independent living (14 Del. Admin. Code 925 § 9.1(i)).
At age 18, IDEA rights transfer fully to the adult student; the IEP team must notify both the student and the parent no later than one year before the student's 18th birthday (14 Del. C. § 3140; 14 Del. Admin. Code 925 § 9.1(k)).
After rights transfer at 18, the adult student (not the parent) must provide consent for evaluations, IEP revisions, and placement decisions unless the student has a legal guardian (14 Del. C. § 3140).
Delaware students remain eligible for FAPE through the school year in which they turn 22, as long as they have not received a standard high school diploma (14 Del. C. § 3110).
Delaware's Division of Vocational Rehabilitation (DVR) may be invited to transition IEP meetings when DVR services are likely to be needed upon graduation or aging out (14 Del. Admin. Code 925 § 9.1(i); 34 CFR 300.321(b)(3)).
Key Timelines
Transition IEP must be in effect beginning with the IEP year the student turns 16 (14 Del. Admin. Code 925 § 9.1(i); 34 CFR 300.320(b)).
Rights transfer notification must occur at least one year before the student's 18th birthday (14 Del. C. § 3140).
Rights transfer takes effect on the student's 18th birthday (14 Del. C. § 3140; 34 CFR 300.520).
FAPE eligibility ends when the student receives a standard high school diploma or turns 22 (whichever comes first) (14 Del. C. § 3110).