The timelines, deadlines, and rights that apply to YOUR child's IEP in Delaware — in plain language, with the actual law attached. Verified citations, no legalese, no paywall on knowledge.
Federal law (IDEA) sets the floor; Delaware sets some of its own clocks. These are the ones parents use most:
45 school days from receipt of signed parental consent to complete evaluations and hold eligibility meeting.
15 school days. The school has 15 school days from referral to seek consent or provide notice.
30 calendar days after eligibility determination, the IEP must be developed and services begun.
Written complaint filed with DDOE. Must include specific allegations and supporting facts. — Delaware Department of Education, Exceptional Children Resources. File violation must have occurred within 1 year of filing date. Resolved in 60 calendar days from receipt of complaint.
Resolution session: Within 15 days of due process complaint filing. Hearing decision: 45 days after resolution period ends. Delaware uses hearing panels for due process..
Tip: every one of these clocks starts with something in writing. Emails count. Phone calls don't.
Delaware special-education entitlement statute. Establishes FAPE for children with disabilities ages 3-21. Delaware Administrative Code Title 14 Chapter 925 is the implementing regulation. DE has uniquely centralized special-ed services through Delaware's 3-district county structure.
What this means for you: DE 90 CALENDAR DAYS from referral to eligibility — longer than federal 60. DE 14 Del. Admin. Code 925 is the operational rulebook. Delaware Parent Information Center is the state PTI. DE has fewer districts than most states — easier to navigate cross-district transfers.
Delaware IEP rule. Requires IEP development within 30 calendar days of eligibility. DE adds: (1) annual IEP must be in effect at the start of each school year (no gaps), (2) Extended School Year (ESY) using DE 7-factor analysis, (3) IEP team must include a regular education teacher even if the student spends no time in regular ed.
What this means for you: DE no-gap rule: annual IEP must be in effect at the start of each school year. If your child returns to school in August/September without an active IEP, that's a violation. DE ESY 7-factor test required. DE Family SHADE program — federal-funded family information network for DE families. Delaware PIC is the state PTI.
Delaware PTI providing free information, training, and support to families of children with disabilities. Offers IEP workshops and individual consultations.
📞 (302) 999-7394
Exceptional Children Resources
📞 (302) 735-4210
The official Delaware complaint process — use it when the school isn't following the IEP or the law.
Delaware protection & advocacy organization — legal advocacy for people with disabilities.
📞 (302) 575-0660
In Delaware: 45 school days from receipt of signed parental consent to complete evaluations and hold eligibility meeting.. (Context: federal law sets a default of 60 calendar days from parental consent — 34 CFR § 300.301(c) — and allows each state to set its own timeframe. Delaware's rule is the one that applies.)
15 school days. The school has 15 school days from referral to seek consent or provide notice.
Written complaint filed with DDOE. Must include specific allegations and supporting facts. — Delaware Department of Education, Exceptional Children Resources. Time limit: Violation must have occurred within 1 year of filing date. Resolution: 60 calendar days from receipt of complaint.
Yes. Parent Information Center of Delaware (PIC) is Delaware's federally funded Parent Training and Information center — free help for families — (302) 999-7394.
Ask Know Your Rights any Delaware IEP question in plain language, free. And before the school year starts, run the free Fall IEP Audit — it grades last spring's IEP so you know exactly what to push on.
Ask Know Your Rights → Run the Free Fall AuditShort, practical, from a mom who's been in that chair — a script to use, a right to know, a deadline to watch. No spam, never sold, unsubscribe anytime.