Delaware IEP Letter Templates: What to Send and When
The single most consequential thing a Delaware parent can do in the IEP process is put things in writing. Phone calls do not start legal clocks. Verbal requests do not create paper trails. Written requests, sent via email or certified mail, establish dates and trigger statutory obligations.
Here are the core letter types Delaware parents need, with the regulatory citations that make them work.
Why Delaware-Specific Citations Matter
Generic IEP letters reference federal law: IDEA, 34 CFR Part 300, the right to a Free Appropriate Public Education. Those references are valid. But they are also the language every district's legal team knows how to deflect.
Delaware letters that cite specific Title 14 regulations — 14 DE Admin. Code 925, 926, 923 — signal that you know the state's own rulebook, not just the federal framework. Districts cannot simply say "that's a federal standard" when you are quoting their own state administrative code. The specificity shifts the dynamic.
Letter 1: Formal Request for Initial Special Education Evaluation
Use this when you want the district to evaluate your child for special education eligibility and the evaluation has not been initiated.
Subject: Formal Request for Full and Individual Initial Evaluation Under IDEA
Dear [Special Education Coordinator / Director of Special Services],
I am writing to formally request a full and individual initial evaluation for [Student's Full Name], currently enrolled in [Grade] at [School Name], for special education eligibility under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1414, and 14 DE Admin. Code 925.
I have concerns about [Student Name]'s difficulties in [describe specific areas: reading, attention, behavior, communication, etc.]. These concerns lead me to suspect that [Student Name] may have a disability that adversely affects educational performance and requires specially designed instruction.
I understand that under 14 DE Admin. Code 925, the district is required to complete the evaluation and determine eligibility within 45 school days or 90 calendar days of my signed consent, whichever is shorter. Please send me the written evaluation plan and consent form at your earliest convenience.
I also note that under Delaware's Child Find obligation and 14 DE Admin. Code 925, MTSS participation cannot be used as a reason to delay this evaluation while a disability is suspected.
If the district declines to evaluate, I request a Prior Written Notice detailing the reasons for the refusal, as required under 14 DE Admin. Code 926.
Sincerely, [Parent/Guardian Name] [Date] [Phone / Email]
Letter 2: Request for Independent Educational Evaluation at Public Expense
Use this when you disagree with the district's evaluation — because it was too narrow, used inappropriate instruments, reached incorrect conclusions, or you simply believe the results do not reflect your child's actual abilities or needs.
Subject: Request for Independent Educational Evaluation at Public Expense
Dear [Special Education Coordinator],
I am writing to formally request an Independent Educational Evaluation (IEE) at public expense for [Student's Full Name], as provided under IDEA, 20 U.S.C. § 1415(b)(1), and 14 DE Admin. Code 926.
I disagree with the evaluation conducted by [District Name] on [Evaluation Date] in the following areas: [brief description of disagreement, e.g., "I believe the evaluation did not adequately assess [Student Name]'s processing speed and working memory, which are relevant to the identified concerns."]
Under federal law and 14 DE Admin. Code 926, the district must either (1) provide the IEE at public expense without unnecessary delay, or (2) file a due process complaint within a reasonable time to demonstrate that its own evaluation was appropriate. The district may not simply deny this request without pursuing one of these two options.
Please confirm in writing, within five business days, whether the district will fund the IEE or will file for due process. If the district will fund the IEE, please provide any agency criteria, including any geographic or qualification requirements for the evaluator.
I also note that under OSEP policy guidance, I retain the right to select an evaluator of my choice, provided that evaluator meets the district's stated qualification criteria. The district may not impose cost caps that effectively prevent me from accessing a qualified evaluator.
Sincerely, [Parent/Guardian Name] [Date] [Phone / Email]
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Letter 3: Request for Prior Written Notice
Use this whenever the district has proposed or refused to take an action regarding your child's identification, evaluation, placement, or FAPE, and has not issued a written notice.
Subject: Request for Prior Written Notice Under 14 DE Admin. Code 926
Dear [Special Education Coordinator],
On [date], [School/District representative's name] verbally [proposed / declined to] [describe the action: evaluate my child / change my child's placement / provide occupational therapy services / etc.].
Under 14 DE Admin. Code 926, the district is required to issue a Prior Written Notice (PWN) whenever it proposes or refuses to initiate or change the identification, evaluation, educational placement, or the provision of a free appropriate public education to my child.
Please provide the Prior Written Notice within [a reasonable time / by specific date]. The PWN must include: (1) a description of the proposed or refused action; (2) an explanation of why the district is proposing or refusing the action; (3) a description of each evaluation procedure, assessment, record, or report the district used as a basis for the proposed or refused action; (4) a statement that the parent has protections under IDEA's procedural safeguards; (5) sources for parents to contact to obtain assistance; (6) a description of other options the IEP team considered and rejected; and (7) a description of other relevant factors.
If I do not receive the PWN, I will treat the district's failure to provide it as a procedural violation under 14 DE Admin. Code 926 and may file a state complaint with the DDOE's Exceptional Children Resources workgroup.
Sincerely, [Parent/Guardian Name] [Date] [Phone / Email]
Letter 4: Request for Expedited IEP Meeting
Use this when something has changed significantly — a new diagnosis, a major regression, a disciplinary crisis — and you need an IEP meeting before the annual review date.
Subject: Request for IEP Team Meeting
Dear [Special Education Coordinator],
I am requesting an IEP team meeting for [Student's Full Name] as soon as possible, and no later than [30 days from this letter].
[Briefly state the reason: e.g., "My child has received a new diagnosis of [diagnosis] from [provider] on [date], which I believe significantly affects the current IEP's appropriateness." / "My child experienced a significant behavioral incident on [date] and I believe the IEP's behavioral support plan requires review." / "My child has shown significant regression in [area] during the [period] and I am requesting a review of present levels and goals."]
Please confirm the meeting date in writing and provide draft materials, including the current IEP, progress reports, and any evaluation data to be discussed, at least five business days in advance.
Sincerely, [Parent/Guardian Name] [Date] [Phone / Email]
General Guidance on Sending Letters
Send via email. Email creates an automatic timestamp and a delivery record. Address it to the Special Education Coordinator (or Director of Special Services) and cc the school principal. Keep a copy in a dedicated folder.
Follow up if no response within five business days. A district's failure to respond to a written evaluation request or IEE request is itself a procedural issue worth documenting. Send a follow-up email: "I am following up on my [date] letter requesting [X], to which I have not received a response."
Do not begin with a complaint. Even in adversarial situations, lead with the legal request, not the grievance. The letter gets the action taken; the grievance can follow in a separate communication or in dispute resolution proceedings.
The Delaware IEP & 504 Blueprint includes complete, ready-to-use letter templates for every stage of the IEP process — evaluation requests, IEE requests, state complaint initiation, and SPARC mediation requests — each with the Delaware-specific Title 14 citations pre-written.
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