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