Delaware IEP Sample Letters: Disagreement, Requests, and Formal Notices

The most powerful tool in your Delaware IEP advocacy toolkit is not a lawyer or an advocate — it is a well-written letter. Districts respond differently to written communication than to verbal conversations. A letter creates a dated record, starts legal timelines, and signals that you know your rights. A letter that cites the specific Delaware regulation you are relying on signals something else entirely: that you have done your homework, and that vague delays or non-responses will not fly.

This post covers the most important letters Delaware parents need, what each one must include, and what to expect after you send it.

The Principle Behind Every Letter You Write

Before drafting any letter, keep three rules in mind:

Cite the regulation. Generic requests get generic responses. A letter that says "I am requesting an evaluation pursuant to 14 DE Admin. Code 925, Section 2.0" is substantially harder to ignore than a letter that says "I would like my child evaluated."

State what you want and when you expect a response. Do not leave the district guessing. State the specific action you are requesting and a reasonable response timeline (typically 10-15 business days for most requests).

Send it in a way you can prove. Email with read receipt is usually sufficient. For critical correspondence — evaluation requests, formal disagreements, IEE requests — follow up by certified mail if you do not receive a response within 5 business days. Keep a copy of everything.

1. Evaluation Request Letter

Use this when you believe your child has a disability and the district has not yet evaluated, or has refused to evaluate.

Key elements:

• Your child's full name, date of birth, and school
• A clear statement that you are requesting a comprehensive evaluation to determine eligibility for special education and related services
• The reason for the request (specific academic or behavioral concerns you have observed)
• Citation to 14 DE Admin. Code 925, Section 2.0 (Initial Evaluations)
• A request for a Prior Written Notice if the district declines to evaluate
• Your contact information and a request for written acknowledgment of receipt

What happens after you send it: The district must respond. If it agrees to evaluate, it will issue a Prior Written Notice and consent form. The evaluation timeline (45 school days or 90 calendar days, whichever is less) starts when you sign and return the consent. If it declines, it must issue a PWN explaining the refusal — and that refusal triggers your right to dispute it.

2. IEP Disagreement Letter

Use this after receiving a proposed IEP with which you disagree — whether you object to the placement, the goals, the related services, or any other component.

Key elements:

• State specifically which section(s) of the IEP you disagree with and why
• Reference the relevant regulation (for example, if you disagree with a related service denial: 14 DE Admin. Code 923 and the FAPE standard)
• State whether you are signing the IEP for receipt purposes only (not indicating agreement)
• Request a written response from the district addressing your specific concerns
• State whether you are requesting an IEP meeting to discuss your concerns before implementation

Critical note for Delaware parents: Because Delaware is a one-tier state, your written disagreement at this stage is particularly important. If this dispute ever reaches due process, the panel will examine the record to determine when you first raised the issue and how the district responded. A dated, specific disagreement letter preserves your legal position.

What happens after you send it: If you have not signed consent for initial services, the district cannot begin implementing the IEP. If your child already has an existing IEP, stay-put applies — your child remains in the current placement while the dispute is resolved. The district should respond with either a revised IEP, a meeting invitation, or a PWN explaining why it is maintaining its position.

3. Independent Educational Evaluation (IEE) Request Letter

Use this when you disagree with the district's evaluation — whether the evaluation is incomplete, used inappropriate testing instruments, or reached conclusions you believe are inaccurate.

Key elements:

• State that you disagree with the district's evaluation (specify which evaluation by date and type)
• State that you are requesting an IEE at public expense pursuant to 14 DE Admin. Code 926, Section 2.0
• Note that you understand the district must either fund the IEE or file for due process to defend its evaluation
• State that you are not required to provide reasons for your disagreement as a condition of the request
• Request a written response within 10 business days

What happens after you send it: The district must act promptly. It cannot simply delay. It must either agree to fund the IEE — in which case it may provide information about evaluator qualification criteria but cannot impose unreasonably restrictive cost caps — or file for due process to defend its evaluation. A district that sits on an IEE request without responding is violating Delaware law, and that inaction can support a state complaint.

4. Prior Written Notice Request (When the District Doesn't Provide One)

The district is required to issue a PWN every time it proposes or refuses to take any action regarding your child's identification, evaluation, placement, or provision of FAPE. If the district verbally tells you it will not evaluate your child, that it is removing a service, or that it is changing your child's placement — and no written notice arrives — request it in writing.

Key elements:

• Reference the specific action the district verbally proposed or refused (with the date of the conversation)
• State that you have not received the required Prior Written Notice under 14 DE Admin. Code 926
• Request the PWN be provided within 10 business days

Why this matters: A PWN is not just bureaucratic paperwork. It forces the district to commit its reasoning to writing, which becomes part of the record. Districts that give vague or legally insufficient verbal refusals often produce more carefully considered written responses when forced to document their reasoning.

5. Service Non-Delivery Complaint Letter

Use this when IEP services are being provided inconsistently, at reduced frequency, in a different format than specified, or not at all.

Key elements:

• Identify the specific service being impacted (for example: "speech therapy, 30 minutes twice weekly, individual, per the IEP dated [date]")
• Describe the specific discrepancy (for example: "My child has missed 6 of the last 8 scheduled sessions due to provider absence. No make-up sessions have been provided.")
• Request that the district confirm whether compensatory services will be provided to make up for the missed sessions
• Note that failure to implement an IEP as written is a violation of FAPE under the IDEA and 14 DE Admin. Code 925
• Request a written response within 10 business days and, if services will not be made up, notification of the district's planned corrective action

What happens after you send it: The district may offer to schedule make-up sessions. It may argue that the missed sessions were de minimis — a legal threshold that is not clearly defined but generally requires a pattern, not a single missed session. If the district does not provide compensatory services and continues to fail to implement the IEP, this letter becomes the foundation for a state complaint or a claim for compensatory education in due process.

6. Request for IEP Meeting

You can request an IEP meeting at any time for any reason. You do not need to wait for the annual review. This is one of your most important procedural rights.

Key elements:

• State that you are requesting an IEP meeting pursuant to 14 DE Admin. Code 925
• State the specific reason (for example: "to review and revise my child's present levels and annual goals based on current progress data" or "to discuss the addition of occupational therapy as a related service")
• Request that the meeting be scheduled within 30 days

The Delaware IEP & 504 Blueprint includes fully drafted versions of all of these letters — formatted for Delaware's specific regulations, with the exact citation language that prompts district action rather than delay. You do not have to write them from scratch at midnight before a meeting.

What to Do When the District Ignores Your Letter

Districts in high-volume areas like Christina and Red Clay sometimes fail to respond to parent correspondence — whether through administrative overload or deliberate delay. If you do not receive a response within the timeframe you requested:

• Send a follow-up email noting that the original letter was sent on [date], that [number] business days have elapsed, and that you have not received a response
• If the follow-up is also ignored, file a state complaint with the DDOE's Exceptional Children Resources workgroup, citing the failure to respond as a procedural violation
• Contact the Parent Information Center of Delaware (PIC) for assistance documenting the non-response

A documented pattern of non-response to written parent requests is itself evidence of a district's failure to maintain the collaborative parent-school relationship required under the IDEA. It strengthens, not weakens, your position in any subsequent formal proceeding.

The Delaware IEP & 504 Blueprint includes a documentation tracking sheet to log every letter sent, when it was sent, when a response was received, and what the response said — the exact paper trail you need if your case moves to mediation or beyond.

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