The Delaware IEP Process: Timelines, Steps, and What to Watch For

Delaware's IEP process has specific timelines that differ from many other states. Missing a deadline — or not knowing the district has missed one — costs families months. Here is the full process, from referral to annual review, with the Delaware-specific numbers you need to track.

Step 1: Referral

The IEP process begins with a referral for evaluation. Anyone can refer a student: a parent, a teacher, the school principal, or the district itself. Pediatricians and outside evaluators can also prompt parents to request an evaluation, but the formal clock does not start until the district receives a written request and parental consent.

Submit your evaluation request in writing — email is acceptable and creates a timestamp. Address it to the Special Education Coordinator (also called the Director of Special Services) at your child's school or district. State specifically that you are requesting a "full and individual initial evaluation" for special education eligibility under IDEA.

In Delaware, the same request process applies to charter school students. Delaware charter schools are their own LEAs and handle the full IEP process independently. If your child attends a charter school, submit the evaluation request directly to the charter's special education contact.

Step 2: Evaluation Planning and Consent

Within a reasonable time after receiving your request, the district must send you a written evaluation plan describing what assessments will be conducted and in what areas. Review the plan carefully. The evaluation must cover all areas of suspected disability — not just the area the teacher mentioned. If your referral letter described reading difficulties, behavioral concerns, and communication delays, all three areas should appear in the evaluation plan.

If you believe the proposed evaluation is too narrow, write back and state which additional areas you want assessed. The district must include them or explain in writing why it is declining.

Once you sign and return the consent form, Delaware's evaluation clock begins.

Step 3: Delaware's Evaluation Timeline — 45 School Days or 90 Calendar Days

This is the most important number in Delaware's IEP process.

The district must complete all evaluation assessments within 45 school days or 90 calendar days of receiving your signed consent — whichever is shorter.

This is stricter than many states. Track the date you signed and returned the consent. Count both ways:

• 45 school days forward from your consent date (skipping weekends and holidays that are school breaks, but not counting summer as a school break if school is in session)
• 90 calendar days forward from your consent date

Whichever deadline comes first is the district's legal deadline. If your consent is signed in October, the 45-school-day clock will likely hit first — typically in late January. If your consent is signed in May, the 90-calendar-day clock may be shorter.

The evaluation must be conducted by a qualified team. For initial eligibility determinations, the team must include a certified school psychologist. If the district's evaluation was completed by staff who do not meet this qualification standard, the evaluation may be procedurally deficient.

Step 4: Eligibility Determination Meeting

After evaluation is complete, the IEP team meets to determine whether your child qualifies for special education services. You are a required participant at this meeting — not an observer.

For Delaware, two criteria must both be satisfied:

1. Your child has one of the 13 IDEA disability categories (or Developmental Delay if under age 9)
2. The disability adversely affects educational performance in a way requiring specially designed instruction

The team reviews all evaluation data — psychological assessment, academic achievement, behavioral observations, adaptive behavior, communication assessment — and makes the eligibility determination. Your input must be considered and documented.

If the team finds your child ineligible and you disagree with either the evaluation itself or the eligibility determination, you can:

• Request an Independent Educational Evaluation at public expense
• File a state complaint with the Delaware Department of Education
• Request SPARC mediation
• File for due process

Step 5: IEP Development

If eligible, the team develops the IEP at the same meeting or schedules a follow-up IEP meeting. The IEP must be in place and services must begin without unreasonable delay.

The IEP must include:

• Present levels of academic achievement and functional performance
• Measurable annual goals with criteria for success
• A description of how progress will be measured and reported
• The specific special education and related services the district will provide
• Supplementary aids and services
• Accommodations and modifications
• Participation and LRE determination (how much time in general education vs. specialized settings)
• Transition planning (for students 14 and older, or in 8th grade — Delaware's earlier-than-federal threshold)

You must receive a copy of the IEP. Read it carefully. Vague goals, services described in ranges without specifics, and missing related services are all things to push back on before signing.

Step 6: Annual Review and Triennial Re-evaluation

The IEP must be reviewed at least once per year. At the annual review, the team updates present levels based on progress data, revises or writes new goals, and confirms services for the coming year.

Every three years, the district must conduct a re-evaluation to confirm continued eligibility. You have the right to request a re-evaluation at any time if you believe your child's needs have changed significantly — submit that request in writing.

Common Delaware-Specific Pitfalls

Charter school accountability gaps. Some Delaware charter schools have weaker special education infrastructure than traditional districts. Charter schools cannot contract out IDEA compliance to the sending district. If your charter school's special education coordinator has a long response time or the IEP process is being mishandled, that is a complaint-able issue at the DDOE level.

Christina and Red Clay district dynamics. These two districts generate the highest volume of parent complaints in Delaware. Evaluation timelines have been missed; services have not been implemented as written. Track your timelines closely and document all communication in writing.

Military families at Dover AFB. Families stationed at Dover AFB often transfer mid-year. Delaware's Interstate Compact on Educational Opportunity for Military Children requires receiving districts to honor the existing IEP and provide comparable services while completing their own evaluation. The Caesar Rodney and Capital districts serve most Dover AFB families — request written confirmation that services are in place within the first weeks of enrollment.

The Delaware IEP & 504 Blueprint includes a Delaware IEP timeline tracker, a step-by-step process checklist, and template letters for every stage from evaluation request through annual review.

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