Delaware Special Education Preschool and Part B Services: A Parent's Entry Guide

The moment your child turns three in Delaware, their early intervention support system changes entirely. The nurturing, home-based model managed by the Department of Health and Social Services ends. What replaces it is a different system — governed by different agencies, different laws, and fundamentally different rules — managed by your local school district.

For families who have been in Child Development Watch (CDW), Delaware's Birth-to-Three program, the shift to Part B preschool special education is one of the most disorienting experiences in a child's educational life. Understanding what's coming — and what the law requires — is the most effective way to prevent service gaps.

Part C vs. Part B: The Fundamental Shift

Part C of IDEA covers early intervention for infants and toddlers (birth through age 2). In Delaware, Part C services are delivered through Child Development Watch, operated by the Department of Health and Social Services (DHSS). CDW uses an Individualized Family Service Plan (IFSP) — a family-centered document that focuses on supporting both the child and the family in achieving developmental outcomes. Services are typically home-based, and eligibility is broader than school-based special education.

Part B of IDEA covers school-based special education for children ages 3 through 21. In Delaware, Part B is administered by the Delaware Department of Education (DDOE) and delivered through local school districts. Part B uses an Individualized Education Program (IEP) — a program-centered document focused on educational goals and specially designed instruction. The eligibility criteria are narrower, and the service setting typically shifts to a school building.

This is not a natural continuation. It is a transition between two different legal frameworks, two different state agencies, and two different service philosophies. A child who was eligible for CDW may or may not qualify for Part B preschool special education — and the eligibility determination must happen before the child's third birthday.

Delaware's Transition Timeline: What Must Happen and When

Delaware has specific procedural requirements for the CDW-to-Part B transition, designed to prevent service gaps around the child's third birthday.

At 2 years and 3 months (9 months before third birthday): CDW should begin transition planning conversations with the family. The earlier this starts, the more time there is for evaluation and IEP development before the deadline.

Between 90 days and 9 months before third birthday: CDW must notify the local school district that a child is approaching age three. A formal transition planning meeting must occur, involving the family, CDW coordinators, and school district representatives. This meeting identifies the child's potential eligibility for Part B services and initiates the evaluation process.

By the third birthday: If the child is found eligible for Part B preschool special education, the IEP must be fully developed and in effect — services must begin — by the child's third birthday. A child who turns three on a weekend must have services in place when school next convenes.

The "by the third birthday" requirement is absolute. A district that is still conducting evaluations on a child's third birthday, or that convenes the eligibility meeting after the birthday, has missed the deadline and violated the child's rights.

Delaware Preschool Special Education Settings

Part B preschool services in Delaware are delivered in a continuum of settings, consistent with the Least Restrictive Environment (LRE) mandate. The IEP team determines which setting is appropriate based on the child's individual needs.

Inclusive preschool settings. Where appropriate, children with disabilities receive services in general education preschool classrooms alongside non-disabled peers, with supports and services pulled in or provided separately. Delaware prioritizes inclusion for preschoolers where the child's needs can be met in that environment.

Special education preschool classrooms. For children who require more intensive services than can be provided in an inclusive setting, districts operate self-contained preschool special education classrooms. These serve smaller student populations with higher staff ratios and specialized instruction.

Home-based services. For some children — particularly those with very intensive needs or specific medical circumstances — Part B preschool services may initially be delivered in the home. This is not the default; placement decisions are made by the IEP team based on the individual child's needs.

Related services. Regardless of setting, Part B services include any related services needed for the child to benefit from special education — speech-language therapy, occupational therapy, physical therapy, behavioral support, and others.

Eligibility for Delaware Part B Preschool Services

Eligibility for Part B preschool special education in Delaware requires:

1. The child has a disability in one of IDEA's 13 eligible categories (or, for preschoolers, may qualify under "developmental delay" as defined by Delaware)
2. The disability adversely affects the child's educational development or participation in age-appropriate activities
3. The child needs specially designed instruction as a result

Delaware allows preschoolers (ages 3-9) to be classified under "Developmental Delay" — a broader eligibility category specifically designed to capture young children who have delays but for whom a specific disability label may be premature. This category can be a valuable entry point for children who are clearly delayed but whose specific disability profile is still emerging.

Children transitioning from CDW are not automatically eligible for Part B. The school district must conduct its own evaluation and hold an eligibility determination meeting. The CDW records, IFSP, and evaluation data from the early intervention period should be shared with the district and considered, but they do not substitute for a Delaware Part B evaluation.

What Delaware Part B Does Not Provide (That CDW Did)

One of the biggest adjustments for families is recognizing what goes away at age three.

CDW provides family-centered services, meaning the IFSP addresses family outcomes and support systems, not just the child's developmental outcomes. Part B is child-centered — the IEP focuses on the child's educational needs, not on family support systems.

CDW services are often delivered at home or in community settings where the child naturally spends time. Part B services are typically school-based.

CDW's eligibility criteria focus on developmental delay across five domains (cognitive, physical, communication, social-emotional, adaptive) and are intentionally broad. Part B eligibility criteria are more specific and require an adverse effect on educational performance.

This means some children who received early intervention services through CDW will not qualify for Part B preschool special education. If your child does not qualify, they may still be entitled to accommodations and services under Section 504 — a different legal framework with a lower eligibility threshold.

When the Transition Goes Wrong

Common failures in the Delaware CDW-to-Part B transition:

• CDW fails to notify the school district on time, leaving insufficient runway for evaluation before the third birthday
• The district's evaluation is incomplete (only covering one or two developmental domains instead of all areas of suspected delay)
• The eligibility meeting occurs after the child's third birthday
• Services start late because the IEP wasn't finalized before the birthday
• The district's preschool program doesn't offer a setting appropriate for the child's level of need

Each of these failures is a potential IDEA violation. Document the timeline, request records, and file a state complaint with DDOE ECR if services are not in place by your child's third birthday.

The Delaware IEP and 504 Advocacy Playbook includes the Child Development Watch Transition Checklist — a timeline tracker for families with children approaching age three — as well as the evaluation request and IEP meeting preparation tools for navigating the Part B preschool entry process.

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