Delaware IEP Evaluation Timeline, Dispute Routes and Parent Resources (2026)
- Evaluation window
- 45 school days
- The clock starts at
- Parental consent
- State complaint deadline
- One year from the violation
- Due process deadline
- Two years
How long does a school in Delaware have to complete an IEP evaluation?
In Delaware a school completes an initial special education evaluation within 45 school days or 90 calendar days of receiving written parental consent, whichever of the two comes first. The same window covers the eligibility decision, which the state rule places at a meeting convened for that purpose. Two situations lift that deadline from a public agency: a child who is repeatedly not produced for the evaluation, or a child who enrolls in another public agency mid-evaluation where the new agency is making enough progress toward a prompt completion and both sides agree on a completion date. Once a team decides a child needs special education, a meeting to develop the IEP follows within 30 days. Families who disagree with a decision have three routes: a written complaint to Exceptional Children Resources at the Delaware Department of Education within a year of the problem, counted to the day the department receives it, free mediation the department funds and a University of Delaware program runs, or a due process complaint filed with the Secretary of Education within two years, heard by a three member panel.
The evaluation timeline in Delaware
| Initial evaluation window | 45 school days or 90 calendar days, whichever is less |
|---|---|
| The clock starts at | parental consent to evaluate |
| Against the federal rule | A timeframe Delaware sets for itself |
IDEA sets a default of 60 calendar days from parental consent for an initial evaluation (34 CFR 300.301(c)(1)). It also lets a state set its own timeframe instead, which is what Delaware has done, so the window above is the one that applies here.
Delaware counts its evaluation window two ways at once: 45 school days or 90 calendar days from receipt of written parental consent, whichever comes first. Forty-five school days is about nine school weeks, so in calendar time the binding leg usually runs past the federal 60 calendar day default, with the 90 calendar day leg acting as the outer cap across long breaks.
Source: 14 Del. Admin. Code 925, Section 2.3 regulations.delaware.gov/AdminCode/title14/900/925.shtml
The same window sits beside all fifty-one jurisdictions on the evaluation timelines by state table, which explains where the federal deadline comes from. To pull one state's window on its own, the evaluation deadline checker returns that single result.
Reevaluation and IEP review cadence in Delaware
Delaware keeps the federal cadence. A reevaluation happens at least once every three years unless the parent and the public agency agree it is unnecessary, no more than once a year unless both agree otherwise, with the IEP team reviewing the IEP at least annually to see whether the annual goals are being met. Delaware adds one trigger of its own and marks it in its rules as a state requirement rather than a federal one. A public agency starts a reevaluation when varied and multiple data sources show that a child's performance has improved to the point where the child may no longer need special education and related services. Four more Delaware rules shape the annual review meeting itself. Written notice of an IEP team meeting reaches parents no less than 10 school days ahead unless both sides agree on something different, dropping to no less than 5 school days before a meeting held to make a manifestation determination. A questionnaire asking for the parent's view of progress plus any proposed next steps goes out with or before that notice, with the student's input where that fits. Where staff prepare a draft IEP ahead of the meeting, the parent receives a copy of the draft with a letter stating in plain terms that it is a draft for discussion. A full copy of the state procedural safeguards notice comes with every IEP meeting rather than the once a year the federal floor sets. One further rule that Delaware carries over from that federal floor rather than adding itself has public agencies encourage combining a reevaluation meeting with other IEP team meetings for the same child wherever that is possible.
Source: 14 DE Admin. Code 925, subsections 3.2 and 3.3 for the reevaluation cadence plus the Delaware trigger, 9.1.1 for the meeting notice, 9.2.1 through 9.2.4 for what the notice carries, 9.3.1 with 9.3.1.1 for the parent questionnaire, 9.3.2 for the draft IEP letter, 11.5 for consolidated meetings plus 11.7 for the annual review; 14 DE Admin. Code 926, subsections 4.1 and 4.1.5 for the safeguards copy at each IEP meeting against the once a year floor regulations.delaware.gov/AdminCode/title14/900/925.shtml
If you disagree in Delaware
IDEA gives families in every state the same three routes when a disagreement with the school does not resolve at the team table. What changes at the state line is who administers each route, how long you have to file and the local detail below.
The state complaint
Handled by Exceptional Children Resources, Delaware Department of Education. Time limit to file: One year from the violation, counted to the day the department receives the complaint.
A state complaint in Delaware is written and signed, goes to the Director of Exceptional Children Resources at the Delaware Department of Education and reaches the school district, charter school or other public agency in a copy sent at the same time. The department takes it by hand delivery, mail, fax or email at its dispute resolution address, with electronic signatures accepted. Any organization, public agency or individual can file, including one from another state. The complaint names the Part B requirement or the state regulation the public agency violated, sets out the facts behind that statement, gives contact details for the person filing plus, where it concerns one student, the student's name and address, the school attended, a description of the problem and any resolution the family has in mind. A description of earlier attempts to sort the issue out is optional in Delaware. The department carries on with the investigation where a complainant leaves that part blank. Within one business day of receiving a complaint the department sends both sides a copy along with notice that it arrived. Within five business days it assigns an investigator and issues a Notice of State Complaint carrying the investigator's name, the due date for the decision, the public agency's right to respond within 15 calendar days plus an offer of free mediation. A written decision addressing each allegation follows within 60 calendar days of receipt, extended only where exceptional circumstances apply to that complaint or where both sides agree to extend the time to try mediation. Taking part in mediation on its own is not treated as an exceptional circumstance. Past findings are published on the department's rights and dispute resolution pages with identifying details removed.
Source: 14 DE Admin. Code 923, Sections 51.0 through 53.0, with subsection 51.1 for who may file, 52.1 for the 60 calendar day written decision, 52.2 for the two extension grounds, 53.1 with 53.2 for the signed written complaint plus its content, 53.2.3.6 for the optional description of earlier attempts, 53.2.4 for the one year lookback to the date of receipt plus 53.2.5 for the copy to the public agency; Delaware Department of Education Special Education State Complaint Information Guide, July 2025, sections on filing, department response plus the timeline for investigation and written decision; Delaware Procedural Safeguards Parent and Child Rights in Special Education, July 2026, State Complaint Procedure, which carries the Director of Exceptional Children Resources filing address plus the note that the department proceeds with the investigation where a complainant declines to describe earlier attempts regulations.delaware.gov/AdminCode/title14/900/923.shtml
Mediation
Mediation stays a department program in Delaware while an outside body runs it. The department established its voluntary mediation system through the Conflict Resolution Program at the University of Delaware, where the service is called the Special Education Partnership for the Amicable Resolution of Conflict, known as SPARC, sitting inside the university's Institute for Public Administration. A request goes to the Director of Exceptional Children Resources at the department, on a form printed at the back of the state procedural safeguards notice. Sessions cost a family nothing because the department bears the cost of the process and funds the program. Mediation stays voluntary for both sides and cannot be used to deny or delay a due process hearing. Mediators come from a list the department maintains, chosen on a random, rotational or other impartial basis. No mediator is an employee of the department or of the school involved with the child. A parent can be accompanied and advised by people of their own choosing. The public agency sends someone with authority to make decisions and commit resources. What people say in mediation stays confidential and cannot be used as evidence in a later hearing or in any federal or Delaware court proceeding. An agreement reached there is written, signed by both sides and enforceable in a state court of competent jurisdiction or in a federal district court. SPARC offers a second service alongside mediation, where a trained facilitator runs an IEP team meeting for parties who want help working together, again at no cost. Mediation is open before anyone files anything, so a family does not need a pending due process complaint to ask for it.
Source: 14 DE Admin. Code 926, Section 6.0, with subsection 6.1 for mediation on any matter including one arising before a due process complaint is filed, 6.2.1 with 6.2.2 for its voluntary character, 6.2.3 for the parent's companions plus the agency's decision maker, 6.3.1 for the mediator list, the impartial selection and the department bearing the cost, 6.5 with 6.6 for the written agreement plus confidentiality and 6.7 for mediator impartiality; Delaware Procedural Safeguards Parent and Child Rights in Special Education, July 2026, Mediation, which states that the department established the system through the Conflict Resolution Program at the University of Delaware, plus its Request for Special Education Mediation Form at A-1 addressed to the Director of Exceptional Children Resources; Delaware Department of Education SPARC mediation services, IEP meeting facilitation plus program brochures; University of Delaware SPARC page for services free of charge and funded by the Delaware Department of Education regulations.delaware.gov/AdminCode/title14/900/926.shtml
A due process hearing
Time limit to file: Two years from the date the filing party knew or should have known about the action the complaint rests on, with exceptions where the public agency specifically misrepresented that it had resolved the problem or withheld information it was required to give the parent.
A due process complaint in Delaware goes to the Secretary of Education at the Delaware Department of Education, with a copy served on the other party at the same time. The department takes it by hand delivery, mail, fax or email, with electronic signatures accepted. The Office of the Secretary passes it to the Exceptional Children Resources Work Group, which checks which certified panel members are eligible and free to serve inside the hearing timeline. The Secretary then appoints a three member panel on a rotating basis, in most cases within three business days: an attorney in good standing with a state bar, an educator knowledgeable in special education plus a lay person with a demonstrated interest in the education of children with disabilities, drawn from a list the Governor's Advisory Council for Exceptional Citizens compiles. Expedited discipline cases run differently, before a single hearing officer from the department's registry, with the hearing inside 20 school days of the complaint and a decision within 10 school days after it. A resolution meeting comes first, convened by the school within 15 days unless both sides waive it in writing or agree to mediate instead, with the 30 day resolution period running from receipt of the complaint. The panel's decision follows within 45 days of the end of that period, with specific extensions for good cause at a party's request. Delaware state law places the burden of proof and persuasion on the district or state agency that is a party, which sits opposite the general federal rule putting it on the party seeking relief. Subpoenas issue from the Secretary on application at least 12 days before a hearing, enforceable through the Family Court. Delaware runs one level of administrative review, so the panel's decision is final unless a party brings a civil action in the Family Court of the State of Delaware or in a federal district court within 90 days. A parent entitled to attorney fees also receives the reasonable fees of expert witnesses plus the reasonable costs of any tests or evaluations needed to prepare the hearing. Past decisions go to the chairperson of the Governor's Advisory Council for Exceptional Citizens with identifying details removed, then onto the department's website.
Source: 14 DE Admin. Code 926, subsection 7.2 with 11.8 and 11.9 for the two year limit plus its two exceptions, 7.1 for filing with the Secretary, 8.1 for the copy to the other party, 10.1 with 10.3 and 10.4 for the resolution meeting plus the 30 day period, 11.2 for the three member panel, 11.10 for the burden of proof, 13.6 for decisions sent to the Governor's Advisory Council for Exceptional Citizens, 14.0 for finality, 15.1 with 15.2 for the 45 day decision plus extensions, 16.1 and 16.2 for the two civil action forums plus the 90 day window, 32.2 with 32.3.2 for expedited discipline hearings; 14 Del. C. sections 3135, 3136, 3137, 3138(g), 3139, 3140, 3141 plus 3142; Delaware Department of Education Special Education Due Process Information Guide, July 2025, appointment of a hearing panel plus panel appointment criteria regulations.delaware.gov/AdminCode/title14/900/926.shtml
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Who to contact in Delaware
- The state special education office. Exceptional Children Resources, Delaware Department of Education. This is the office that answers questions about Delaware rules and receives a state complaint.
- Your rights in writing. Delaware Procedural Safeguards Parent and Child Rights in Special Education, the July 2026 edition published by Exceptional Children Resources at the Delaware Department of Education, with three forms attached at the back: the Request for Special Education Mediation Form, the Due Process Complaint Form and Request for Due Process Hearing plus the Special Education State Complaint Form. Every district hands parents this notice at least once a year (34 CFR 300.504). It is the plain summary of what you can ask for at each step.
- Parent training and information center. Parent Information Center of Delaware. A parent center is free and federally funded under IDEA. Staff there talk families through the process in their own state at no cost.
- The state rules themselves. Title 14, Chapter 31 of the Delaware Code (Exceptional Children), with subchapter V at sections 3130 through 3143 carrying the procedural safeguards; implementing rules in the Children with Disabilities subparts at 14 DE Admin. Code 922 through 929. Chapter 31 is Delaware's own special education law, covering definitions, the duty to serve children with disabilities, gifted or talented students plus the procedural safeguards that govern hearings. Subchapter V carries most of the detail a family meets in a dispute. Section 3135 has a hearing start with a written request to the Secretary of Education. Section 3137 sets the three member panel with its attorney, educator plus lay member. Section 3140 puts the burden of proof and persuasion on the district or state agency. Section 3142 sends an appeal to the Family Court within 90 days of the decision. Two other sections reach into ordinary school years. Section 3130 gives parents the right to inspect and review all records about identification, evaluation, program plus placement, to obtain copies either without charge or, at the agency's discretion, for a fee no higher than actual cost, plus the right to visit and observe a child's current or proposed public program in person or through a representative. House Bill 11 of 2025, signed on April 14, 2025, amended that section to line it up with IDEA plus to make clear that a parent's representative can obtain copies too. Section 3131 bars a district or charter school from taking adverse employment or contract action against anyone because of statements they make while advocating for a student in connection with an IEP, allows minutes of an IEP meeting at either side's option with that side bearing the cost and has the department survey parents each year about their satisfaction with the IEP process. The day to day rules sit in the Children with Disabilities subparts at 14 DE Admin. Code 922 through 929.
Child Find in Delaware
Delaware writes a general education problem solving step into its own Child Find rules and marks it as a state requirement. Identification procedures include a systematic problem solving process: staff describe the concern in objective, measurable terms, collect data across multiple settings and sources, design an intervention carrying goals plus a progress monitoring plan, then evaluate whether it worked against the starting point and the rate of progress toward grade level expectations. Parents take part throughout rather than only at the end. Districts and charter schools also establish school based or program based instructional support teams plus procedures for referring students to them. Every initial referral to that team is in writing, with written documentation of the process kept for each student. The team may or may not end in a referral for a special education evaluation. Where it does, the team forwards a written recommendation to a designated staff member within 10 school days. The parents then receive written notice of that recommendation within 10 school days, carrying the request for consent that starts the evaluation clock. A referral sent back to the team because data or documentation is missing does not restart that notice clock, which still runs from the original team recommendation. None of this displaces the separate rule that either a parent or a public agency can request an initial evaluation.
Source: 14 DE Admin. Code 923, subsections 11.9.1 through 11.9.2.5.3; 14 DE Admin. Code 925, subsection 2.2 regulations.delaware.gov/AdminCode/title14/900/923.shtml
