How to Request a Special Education Evaluation in Delaware

You've noticed your child is struggling — academically, behaviorally, or both — and you think they may need special education services. The first formal step is requesting an evaluation. Most parents don't know that their written request starts a legal clock, what that evaluation must include, or what their options are if the district says no.

What a Special Education Evaluation Is

A special education evaluation is a comprehensive, multidisciplinary assessment of your child to determine whether they have a disability that qualifies them for services under IDEA and whether that disability adversely affects their educational performance in a way requiring specially designed instruction.

It is not a single test. It is not a doctor's appointment. It is a coordinated evaluation — typically including psychological testing, academic achievement assessment, and assessments in all areas of suspected disability — conducted by district staff at no cost to you.

The evaluation produces a written report. The team uses that report, along with other relevant data, to make an eligibility determination.

How to Request an Evaluation in Delaware

Submit your request in writing. Email is acceptable and creates a timestamp — this matters because the district's response timeline and your evaluation timeline both depend on documented dates.

Address your request to the Special Education Coordinator (also called Director of Special Services) at your child's school or district. If you are unsure who this is, you can address it to the principal and ask them to forward it to the appropriate person.

Your request should state:

• Your child's name, grade, and school
• That you are requesting a "full and individual initial evaluation" for special education eligibility under IDEA
• The areas of concern — academic, behavioral, communication, motor, social-emotional — that prompted your request

Keep it simple. You do not need to cite specific regulations or build a legal argument. You just need a written, dated request that states clearly what you are asking for.

Delaware charter school students: submit the request directly to the charter's special education contact. Charter schools are their own LEAs under IDEA and cannot refer evaluation obligations back to the sending district.

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

After you sign and return the district's evaluation consent form, Delaware law requires the district to complete all assessments within 45 school days or 90 calendar days — whichever is shorter.

This is one of Delaware's most parent-protective procedural rules, and districts sometimes miss it.

Track both clocks:

• Mark the date you returned signed consent
• Count forward 45 school days (not counting weekends, school holidays, or school breaks)
• Count forward 90 calendar days
• The earlier deadline is the district's legal obligation

If the district misses its evaluation deadline, that is a procedural IDEA violation you can raise in a state complaint with the Delaware Department of Education. DDOE must investigate and issue a written decision within 60 days of your complaint.

What the Evaluation Must Cover

The district must evaluate your child in all areas of suspected disability — not just the area a teacher mentioned. If your request letter described reading difficulties, behavioral concerns, and difficulty communicating, all three areas should be assessed.

Required areas for most evaluations include:

• Psychological/cognitive assessment (must include a certified school psychologist for initial eligibility determinations)
• Academic achievement
• Areas of suspected disability (speech-language, OT, behavioral, adaptive, etc.)
• Health information if relevant
• Social history and family input

An evaluation that only tests reading when you also described behavioral and communication concerns is potentially incomplete. If you receive an evaluation plan and it does not cover all the areas you raised, write back immediately and request that the missing areas be added to the scope.

What Happens After the Evaluation

The district schedules an eligibility determination meeting after evaluation is complete. You are a required participant. The team reviews the evaluation data and determines whether your child qualifies for special education services.

If the team finds your child eligible, the IEP team then develops the IEP — either at the same meeting or a follow-up meeting scheduled without unreasonable delay.

If the team finds your child ineligible and you disagree, your options include:

Request an Independent Educational Evaluation (IEE) at public expense. If you disagree with the district's evaluation results, you have the right to an IEE. The district must either fund it or file for due process to defend its evaluation. This is the most direct tool for parents who believe the evaluation missed something.

File a state complaint. If the district failed to follow required procedures — missed timelines, evaluated in fewer areas than required, failed to include a certified school psychologist — a state complaint is the appropriate vehicle.

Request SPARC mediation. For disagreements about eligibility that are not purely procedural, SPARC mediation can provide a less adversarial resolution pathway.

If the District Refuses to Evaluate

The district can refuse to evaluate, but it must give you a Prior Written Notice explaining in specific terms why it is declining, what information it relied on, and what other options it considered. "We don't think your child qualifies" is not sufficient.

If the district refuses your evaluation request, you can:

• File a state complaint if the refusal appears to violate IDEA's "child find" obligation (the district's affirmative duty to identify and evaluate students who may need special education)
• Request mediation through SPARC
• File for due process

Before escalating, review the district's written refusal carefully. Sometimes a refusal cites specific reasons that you can address by submitting additional documentation — a clinician's letter, teacher observations, external assessment results.

The Delaware IEP & 504 Blueprint includes an evaluation request letter template, a timeline tracking worksheet, and a guide to responding when the district's evaluation is incomplete or delayed.

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