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DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))
14 DE Admin. Code 925

ERRATA

925 Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs

* Please Note: The Department of Education regulation, 14 DE Admin. Code 925 Children with Disabilities Subpart D, Evaluations, Eligibility Determination, Individualized Education Programs, was published as proposed in the Delaware Register of Regulations, 28 DE Reg. 14 (07/01/24). The following provisions were inadvertently published incorrectly.

Subsection 6.6.5 was published as:

6.6.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP team Team shall follow the procedures in 14 DE Admin. Code 925.3.0 through 925.5.0 and 925.6.6 925, Sections 3.0 through 5.0 and subsection 6.6.

Subsection 6.6.5 should have read:

6.6.5 Re-evaluation Procedures: For purposes of continued eligibility determination, the IEP team Team shall follow the procedures in 14 DE Admin. Code 925.3.0 through 925.5.0 and 925.6.6 925, Sections 3.0 through 5.0 and subsection 6.6.

Subsection 6.9.4.5 was published as:

6.9.4.5 Behavioral observations by teachers and at least one (1) 1 other member of the IEP team Team; and

Subsection 6.9.4.5 should have read:

6.9.4.5 Behavioral observations by teachers and at least one (1) 1 other member of the IEP team Team; and

Subsection 6.11.1.3 was published as:

6.11.1.3 Pattern of strengths and weaknesses: The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the child’s IEP team Team to be relevant to the identification of a Specific Learning Disability, using appropriate assessments, consistent with 14 DE Admin. Code 925.4.0 and 925.5.0 925, Sections 4.0 and 5.0.

Subsection 6.11.1.3 should have read:

6.11.1.3 Pattern of strengths and weaknesses: The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the child’s IEP team Team to be relevant to the identification of a Specific Learning Disability, using appropriate assessments, consistent with 14 DE Admin. Code 925.4.0 and 925.5.0 925, Sections 4.0 and 5.0.

Subsection 6.12.2 was published as:

6.12.2 Age of Eligibility: A child is eligible for special education and related services under the Intellectual Disability educational classification from the child’s 3rd birthdate until the child’s receipt of a regular high school diploma or the end of the school year in which the child attains the age of 21 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first.

Subsection 6.12.2 should have read:

6.12.2 Age of Eligibility: A child is eligible for special education and related services under the Intellectual Disability educational classification from the child’s 3rd birthdate until the child’s receipt of a regular high school diploma or the end of the school year in which the child attains the age of 21 22 as per 14 DE Admin. Code 925 subsection 6.5.5.1, whichever occurs first.

Subsection 6.17.7 was published as:

6.17.7 Additional IEP team Team members: In addition to the IEP team Team members required by 14 DE Admin. Code 925.8.0, an orientation and mobility specialist, 925, Section 8.0, teacher of students with visual Impairments, and a certified school psychologist are required to be members of the IEP team Team for the purpose of determining eligibility.

6.17.7 Additional IEP team Team members: In addition to the IEP team Team members required by 14 DE Admin. Code 925, Section 8.0, teacher of students with visual Impairments, and a certified school psychologist are required to be members of the IEP team Team for the purpose of determining eligibility.

Subsection 6.17.7 should have read:

6.17.7 Additional IEP team Team members: In addition to the IEP team Team members required by 14 DE Admin. Code 925.8.0, an orientation and mobility specialist, 925, Section 8.0, teacher of students with visual Impairments, and a certified school psychologist are required to be members of the IEP team Team for the purpose of determining eligibility.

Subsection 11.6 was published as:

11.6 Amendments: Changes to the IEP may be made either by the entire IEP team Team at an IEP team Team meeting, or as provided in subsection 11.4, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated.

Subsection 11.6 should have read:

11.6 Amendments: Changes to the IEP may be made either by the entire IEP team Team at an IEP team Team meeting, or as provided in subsection 11.4, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated.

28 DE Reg. 417 (12/01/24) (Errata)
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