IEP Transition Services in Delaware
When does IEP transition planning start in Delaware?
Delaware transition planning follows federal IDEA requirements with the transition IEP beginning no later than age 16 (or younger if determined appropriate by the IEP team), consistent with 34 CFR 300.320(b) and implemented through 14 Del. Admin. Code 925 § 9.1(i). Beginning at age 16, the IEP must include appropriate measurable postsecondary goals based upon age-appropriate transition assessments in the areas of training/education, employment, and, where appropriate, independent living skills. The IEP must also include a statement of transition services (including courses of study) needed to help the student reach those goals. Delaware's DDOE provides transition resources including the DeTransition Initiative and partners with Delaware's Division of Vocational Rehabilitation (DVR) for coordinated transition planning. At age 18, rights transfer to the adult student under Delaware law, and the IEP must document this transfer (14 Del. C. § 3140; 14 Del. Admin. Code 925 § 9.1(k)). Delaware students remain eligible for FAPE through age 21 (14 Del. C. § 3110).
What Delaware Requires
Beginning at age 16 (or younger if appropriate), the IEP must include measurable postsecondary goals for training/education, employment, and where appropriate, independent living (14 Del. Admin. Code 925 § 9.1(i); 34 CFR 300.320(b)).
The IEP must include transition services and courses of study needed to help the student reach postsecondary goals, based on age-appropriate transition assessments (14 Del. Admin. Code 925 § 9.1(i); 34 CFR 300.320(b)(2)).
Transition assessments must be age-appropriate and used to guide development of postsecondary goals; formal and informal assessments are both acceptable (14 Del. Admin. Code 925 § 9.1(i)).
Delaware's Division of Vocational Rehabilitation (DVR) and other adult agencies may be invited to IEP meetings when their services may be needed post-school (14 Del. Admin. Code 925 § 9.1(i); 34 CFR 300.321(b)(3)).
At age 18, all IDEA procedural rights transfer to the adult student; the IEP must document this transfer and the student must be informed before turning 18 (14 Del. C. § 3140; 14 Del. Admin. Code 925 § 9.1(k)).
Key Timelines
Transition planning must begin no later than the first IEP in effect when the student turns 16 (14 Del. Admin. Code 925 § 9.1(i); 34 CFR 300.320(b)).
Transition goals and services must be reviewed annually as part of the IEP review (14 Del. Admin. Code 925 § 11.0).
At age 18, rights transfer to the student; the IEP team must notify the parent and student at least one year before the 18th birthday (14 Del. C. § 3140).
Students are eligible for FAPE through age 21, so transition services may continue until the student's 22nd birthday if they have not yet received a regular high school diploma (14 Del. C. § 3110).