Delaware IEP Related Services: What They Are and How to Get Them

Related services are the support that makes specially designed instruction actually work. A child with autism may have excellent academic goals but be completely unable to access them without speech-language services to build communication skills. A student with dysgraphia may have appropriate reading goals but be failing written work because occupational therapy was never included in the IEP. In Delaware, related services are legally required components of a Free Appropriate Public Education (FAPE) — not extras the district chooses to offer when budget allows.

What Counts as a Related Service

Under the IDEA and Delaware's implementing regulations at 14 DE Admin. Code 922, related services are defined as developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. The list includes:

• Speech-language pathology and audiology
• Interpreting services
• Psychological services
• Physical and occupational therapy
• Recreation and therapeutic recreation
• Early identification and assessment of disabilities in children
• Counseling services, including rehabilitation counseling
• Orientation and mobility services
• Medical services (for diagnostic or evaluative purposes only)
• School health and school nurse services
• Social work services in schools
• Parent counseling and training
• Transportation (when the child's disability creates a need for specialized transport)

This is not an exhaustive list — Delaware follows the federal definition, which includes any developmental or corrective service necessary for the child to benefit from special education. If your child needs a service that is not on this list but is necessary for FAPE, you can still request it.

The Legal Standard: "Required to Benefit"

The critical phrase in Delaware law is that related services must be provided when they are required for the child to benefit from special education. This creates the legal test: not whether the service would be helpful, not whether the district has a therapist available, not whether it would be nice for the child to have it — but whether without it, the child cannot meaningfully benefit from their special education program.

This standard is where most Delaware related services disputes occur. Districts routinely argue that occupational therapy is not required because the child is "passing" or that speech services are not needed because the child can communicate verbally. Parents counter that the child cannot access the written curriculum without OT support, or that social communication deficits prevent the child from benefiting from group instruction.

Delaware due process data shows that hearing panels take this standard seriously. In cases where districts deny related services by claiming no "educational impact," panels examine the data — including the PLAAFP, assessment results, teacher reports, and progress data — to determine whether the district's conclusion was reasonably supported. Vague claims by districts that services are unnecessary without accompanying data tend not to hold up.

What Must Appear in the IEP

Once the IEP team agrees that a related service is necessary, Delaware law requires specific documentation in the IEP itself. Under 14 DE Admin. Code 925, the IEP must state:

• The specific related service to be provided
• The projected start date
• The frequency and duration of each session
• The location where services will be delivered (general education classroom, resource room, therapy room, or a combination)

Vague entries like "speech services as needed" are not compliant. The frequency must be specific. If the IEP says "30 minutes twice per week, individual," that is the legally binding commitment. If the district delivers group sessions of a different duration, that is a discrepancy from the IEP — and you have grounds to raise a complaint.

Transportation as a Related Service

Transportation is one of the most overlooked related services in Delaware IEPs. Under 14 DE Admin. Code 923, if special transportation is necessary for a child to receive FAPE, it becomes a required related service. This can include:

• Specialized routing or extended distance transport
• A dedicated bus aide to manage behavioral or safety needs
• The use of specific safety equipment (harnesses, wheelchair securement)
• Door-to-door service rather than a standard bus stop

If your child's disability creates transportation needs that are not met by the standard school bus, request that transportation be added as a related service in the IEP. It must be documented with specificity — including the type of transportation, any required aide support, and whether the service is being provided at district expense.

Getting a Related Service Added

If you believe your child needs a related service that is not currently in the IEP, you can request it in writing at any time. Send a letter to the special education contact for your district stating:

• The specific service you are requesting
• The reason you believe it is required for your child to benefit from special education
• A request that the team convene an IEP meeting to discuss adding it

Put your request in writing and keep a copy. The district cannot simply ignore a written request — it must respond, typically by either scheduling the meeting or issuing a Prior Written Notice explaining why it is declining.

The Delaware IEP & 504 Blueprint includes a related services request letter template with the specific regulatory citations that prompt district action — the kind of letter that gets a response rather than getting filed away.

What to Do When a Related Service Is Being Reduced or Eliminated

Districts periodically propose reducing related services at annual reviews — cutting speech from twice weekly to once weekly, or transitioning from individual OT to group OT. These reductions require the same level of justification as any other IEP change: data showing that the reduced level of service is still sufficient for the child to receive FAPE.

If a district proposes reducing a service at an annual review, ask:

• What data supports the conclusion that the child no longer needs the current level of service?
• What progress data over the past year demonstrates that the child has made sufficient gains to warrant reduction?
• How will the team monitor progress after the reduction to catch any regression?

You are not required to agree to a reduction on the day it is proposed. You can take the proposed IEP home, review it, consult with the current therapist, and respond in writing. If you disagree with a proposed change, note your disagreement on the IEP document, do not sign it as agreeing, and consider requesting an Independent Educational Evaluation of the relevant service area.

The Difference Between Related Services and Supplementary Aids

Related services are provided by a licensed specialist — a speech-language pathologist, an occupational therapist, a licensed school psychologist providing counseling. Supplementary aids and services are supports provided in the general education environment to help the child participate alongside non-disabled peers — things like a classroom aide, modified materials, assistive technology devices, or preferential seating.

Both are required components of the IEP. Both must be specified with the same level of detail: what, how often, and where. If the district is providing a paraprofessional aide to your child in the general education classroom, that aide's role and hours must be documented in the IEP as a supplementary aid.

Special Education Resources for Related Services in Delaware

Delaware families seeking to understand or supplement related services have access to the Delaware Assistive Technology Initiative (DATI), operated by the University of Delaware's Center for Disabilities Studies. DATI maintains Assistive Technology Resource Centers in New Castle, Kent, and Sussex counties, offering free equipment demonstrations and short-term device loans. This is particularly useful when the IEP team is debating whether an assistive technology device should be added as a related service or supplementary aid — DATI can facilitate a trial before the district makes a financial commitment.

For families seeking independent evaluations of speech, OT, or other related service areas, the Parent Information Center of Delaware (PIC) provides referrals and can help families understand the IEE process.

If related services have been promised in your child's IEP but are not being delivered — sessions being cancelled repeatedly, group services being substituted for individual services without an IEP amendment, or services simply not starting after the projected start date — that is a FAPE violation. The Delaware IEP & 504 Blueprint explains how to document these gaps and escalate effectively before committing to a formal complaint or due process.

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