How do I get an IEP for my autistic child in Delaware?

Submit a written evaluation request to your child's school principal and special education director under IDEA. Delaware schools must complete the evaluation within 60 calendar days of your written consent.

What is the IEP evaluation timeline in Delaware?

Delaware follows the federal standard of 60 calendar days from written parental consent to completion of the evaluation. After the evaluation, an eligibility determination is made and, if the child qualifies, the IEP is developed.

Can my autistic child get both an IEP and a 504 plan in Delaware?

No. A student cannot hold both simultaneously. If your child qualifies for special education under IDEA, the IEP governs all services. A 504 plan applies only to students who need accommodations but do not qualify for special education.

How do I file a special education complaint in Delaware?

File a written complaint with the Delaware Department of Education's ECECHE Special Education Complaints office. Complaints must be filed within one year of the alleged violation and are resolved within 60 days. Mediation and due process hearings are also available.

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Disclaimer: This guide is for educational purposes only and does not substitute for professional legal or educational advice.

Delaware's special education services are administered by the Delaware Department of Education (DDOE) through its Exceptional Children & Early Childhood Education (ECECHE) office. As one of the smallest states by population, Delaware benefits from a centralized system that allows for relatively close oversight of IEP compliance — meaning parents have clear, accessible channels to escalate concerns if needed.

Your Rights Under Federal Law

All autistic children in Delaware are protected by:

IDEA (Individuals with Disabilities Education Act): Entitles eligible children to a free appropriate public education (FAPE) in the least restrictive environment (LRE), including an IEP.
Section 504 of the Rehabilitation Act: Provides accommodations for students with disabilities that limit major life activities, even if they don't qualify for an IEP.

IEP vs. 504 Plan: Which Does My Child Need?

Delaware follows federal IDEA eligibility standards, and autism is a recognized qualifying disability category. Delaware's ECECHE office provides clear guidance to districts on determining eligibility and developing high-quality IEPs.

Most autistic children qualify for an IEP because autism typically affects educational performance requiring specialized instruction. A 504 Plan is appropriate for autistic students who can access general education with accommodations only (extended time, sensory breaks, preferential seating).

How to Request an IEP Evaluation in Delaware

Write a letter to your child's school principal and special education director requesting a comprehensive educational evaluation under IDEA.
Delaware's Delaware Department of Education requires schools to complete the evaluation within 60 calendar days of parental consent, consistent with the federal standard.
If the school declines, they must provide written notice (Prior Written Notice) explaining why.

Sample request language:

"I am writing to request a comprehensive educational evaluation for my child, [name], under the Individuals with Disabilities Education Act (IDEA). I believe my child may have a disability that adversely affects their educational performance and requires special education services."

What to Expect at the IEP Meeting in Delaware

Delaware IEP teams must include: a regular education teacher, a special education teacher, a school district representative, a person who can interpret evaluation results, and the parents. The student may attend when appropriate.

The IEP must include:

Current levels of academic and functional performance
Annual measurable goals
Special education and related services (speech, OT, ABA if needed)
Least restrictive environment statement
Accommodations and modifications

Delaware-Specific Resources and Programs

Delaware Department of Education ECECHE Office: Publishes parent handbooks, procedural safeguards, and IEP resources at the DDOE website.
Child Development Watch: Delaware's IDEA Part C early intervention program for children birth to age 3 with developmental delays or disabilities.
Parent Information Center of Delaware (PIC-DE): Delaware's federally funded parent training and information center, offering free support, workshops, and IEP preparation guidance.
Disabilities Law Program of Community Legal Aid Society: Provides free legal advocacy to low-income Delawareans with special education issues.
DDOE Special Education Complaints Office: Handles formal state complaints regarding IDEA compliance.

Filing a Complaint in Delaware

If Delaware schools are not following your child's IEP or 504 Plan, you have three options:

State complaint: File with the Delaware Department of Education ECECHE office — must be resolved within 60 days.
Mediation: Voluntary, free process with a neutral mediator.
Due process hearing: Formal legal proceeding before an impartial hearing officer.

Contact Delaware's ECECHE Special Education Complaints office for complaint procedures.

504 Plans in Delaware

Section 504 is administered by school districts without the same state oversight structure as IDEA. Delaware's DDOE provides guidance to districts on implementing 504 plans, and the state's compact size means that district-level coordination is generally accessible. Common 504 accommodations for autistic students include extended time, sensory breaks, preferential seating, noise-canceling headphones, and reduced homework loads.

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IEP & 504 Plans in Delaware: A Parent's Complete Guide