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Delaware special education IEP compliance and timelines

Governing regulations: 14 Del. Admin. Code §§ 922 to 929. State education agency: Delaware Department of Education.

Initial evaluation
45 school days or 90 calendar days, whichever is less, from receipt of written parental consent to conduct the evaluation and determine eligibility.
Initial IEP meeting
A meeting to develop the initial IEP within 30 calendar days of the eligibility determination. (14 Del. Admin. Code § 925-23.0; 34 CFR § 300.323(c)(1))
Annual review
At least once every 365 days (34 CFR § 300.324(b)(1)).
Reevaluation
At least every 3 years unless the parent and LEA agree it is unnecessary, and not more than once a year without agreement (34 CFR § 300.303).
Transition planning
Must be in effect by age 14, earlier than the federal age of 16.
Academic standards
Delaware Content Standards
IEP forms & systems
IEP Plus, a statewide web-based IEP system supported by DDOE, is used by Delaware LEAs.

Where Delaware differs from the federal baseline

  • Evaluation and eligibility must both be completed within 45 school days or 90 calendar days of consent, whichever comes first.
  • DDOE monitoring treats a student as transition age at 14 or in 8th grade, earlier than federal age 16.
  • A single statewide IEP system supports uniform state monitoring of record content.

Current monitoring priorities

  • Indicator 11 timely evaluations and eligibility
  • Student record reviews against the state compliance protocol
  • Indicator 13 transition planning from age 14
Delaware Department of Education

DE IEP compliance checklist

  1. 01Signed consent date recorded; evaluation due within 45 school days.
  2. 02Eligibility determined and initial IEP meeting scheduled: A meeting to develop the initial IEP within 30 calendar days of the eligibility determination.
  3. 03PLAAFP includes measurable baselines and a statement of how the disability affects involvement in the general curriculum (34 CFR § 300.320(a)(1)).
  4. 04Each annual goal is measurable, with condition, behavior, criterion and measurement method (§ 300.320(a)(2)).
  5. 05Progress reporting schedule stated for each goal (§ 300.320(a)(3)).
  6. 06Transition goals and services in effect by age 14 where applicable.
  7. 07Prior Written Notice issued for every proposal or refusal, with all seven § 300.503(b) elements.
  8. 08Annual review scheduled within 365 days; reevaluation within 3 years.
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