Authenticated PDF VersionNon-regulatory note: Some sections of this regulation are shown in italics. Federal law requires that the Delaware Department of Education identify in writing any Delaware rule, regulation or policy that is a state-imposed requirement rather than a federal requirement (see 20 U.S.C. §1407(a)(2)). The italicized portions of this regulation are Delaware-imposed requirements for the education of children with disabilities and are not specifically required by federal special education law and regulations.
1.1 Regulations 922 to 929 (14 DE Admin. Code 922 to 929) implement, complement and supplement the Individuals with Disabilities Education Act, as amended (20 U.S.C. 1400 et seq.), its implementing regulations (34 CFR part 300), and 14 Del.C. Ch. 31 (with the exception of Subchapter IV). They are designed and intended to ensure compliance with state and federal laws concerning the education of children with disabilities. To the extent these regulations conflict with the federal regulations implementing Part B of the Individuals with Disabilities Education Act, the federal regulations shall prevail. Further, the purposes of these regulations are:
1.1.2 To ensure that the rights of children with disabilities and their parents are protected;
1.1.3 To assist local educational agencies, educational service agencies, and public agencies to provide for the education of all children with disabilities; and
1.1.4 To assess and ensure the effectiveness of efforts to educate children with disabilities.
(Authority: 20 U.S.C. 1400(d); 14 Del.C. §3110)
2.0 Applicability of These Regulations to State and Local Agencies
2.1 These regulations apply to the State of Delaware as a recipient of payments under Part B of the Individuals with Disabilities Education Act, as amended.
2.2 Public agencies within the State of Delaware. The provisions of these regulations apply to all political subdivisions of the State of Delaware that are involved in the education of children with disabilities, including:
2.2.1 The Delaware Department of Education.
2.2.3 Any other State agency or school involved in the education of children with disabilities, including but not limited to, the Delaware School for the Deaf, the Delaware Autism Program, the Department of Services for Children, Youth and Their Families, and its divisions, programs, or schools, and the Department of Health and Social Services, and its divisions, units, or programs.
2.2.4 Any juvenile or adult correctional facility involved in the education of children with disabilities, including but not limited to, facilities operated by the Department of Services for Children, Youth and Their Families and its divisions, and the Department of Corrections (through “the Prison Education Program”) and are binding on each public agency in Delaware that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Act.
(Authority: 20 U.S.C. 1412; 14 Del.C. §3110)
3.0 Definitions Applicable to Regulations 922 to 929:
“Act” means the Individuals with Disabilities Education Act, as amended.
(Authority: 20 U.S.C. 1400(a); 14 Del.C. §3110)
“Adverse Effect on Educational Performance” means a significant and consistent negative influence of the disability on the student’s educational performance, as evidenced by their skills in the academic, developmental, or functional domains (e.g. literacy, mathematics, adaptive skills, mobility, pre-vocational and vocational skills, behavior, social/emotional adaptation, self-help skills, and communication).
“Assistive Technology Device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.
(Authority: 20 U.S.C. 1401(1); 14 Del.C. §3110)
“Assistive Technology Service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:
(Authority: 20 U.S.C. 1401(2); 14 Del.C. §3110)
“Charter School” means the same as the term in section 5210(1) of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. 6301 et seq. (ESEA).
(Authority: 20 U.S.C.7221i(1); 14 Del.C. §§3110 and 505(a))
“Child” or “Student” means a person between birth and August 31st of the school year in which the person turns 22.
(Authority: 20 U.S.C. § 1412(a)(1); 14 Del.C. §3110)
“Child with a Disability” means a child or student evaluated in accordance with 14 DE Admin. Code 925.4.0 through 925.6.0 and determined to be eligible for one (1) or more of the following educational classifications: Autism, Developmental Delay, Deaf-Blind (also referred to as “Dual Sensory Impairment”), Emotional Disability, Hearing Impairment (also referred to as “deaf” or “hard of hearing”), Specific Learning Disability, Intellectual Disability, Orthopedic Impairment, Other Health Impairment, Speech/Language Impairment, Traumatic Brain Injury, and Visual Impairment Including Blindness, and who, by reason thereof, needs special education and related services.
A child will not be considered a child with a disability under these regulations if it is determined, through an appropriate evaluation under 14 DE Admin. Code 925.4.0 through 925.6.0, that a child is eligible for an educational classification, but only needs a related service and not special education. If, consistent with the definition of Special Education in this section, the related service required by the child is considered special education rather than a related service, the child would be determined to be a child with a disability.
(Authority: 20 U.S.C. 1401; 14 Del.C. §3110)
“Consent” means that the parent has been fully informed of all information relevant to the activity for which consent is sought, in their native language, or other mode of communication; the parent understands and agrees in writing to the carrying out of the activity for which their consent is sought; the consent describes that activity and lists the records (if any) that will be released and to whom; and the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime. If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). If the parent revokes consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.
(Authority: 20 U.S.C. 1414(a)(1)(D); 14 Del.C. §3110)
“Core Academic Subjects” means English, reading or language arts, mathematics, science, world languages, civics and government, economics, arts, history, and geography.
(Authority: 20 U.S.C. 1401(4); 14 Del.C. §3110)
“Day” means calendar day unless otherwise indicated as business day or school day.
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
“Business Day” means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day).
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
“School Day” means any day, including a partial day that children are in attendance at school for instructional purposes. School day has the same meaning for all children in school, including children with and without disabilities.
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
“Department of Education” or “DOE” means the Delaware Department of Education.
“Educational Classification” means one (1) of the 12 disability categories under which children may be eligible for special education and related services in Delaware.
(Authority: 14 Del.C. §3110)
“Educational Service Agency” or “ESA” means a regional public multi-service agency authorized by the State of Delaware to develop, manage, and provide services or programs to LEAs; and is recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State of Delaware. The term includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school and includes entities that meet the definition of intermediate educational unit in section 602(23) of the Act as in effect prior to June 4, 1997.
(Authority: 20 U.S.C. 1401(5); 14 Del.C. §3110)
“Elementary School” means a nonprofit institutional day or residential school (including a public elementary charter school) that provides elementary education, as determined under Delaware law.
(Authority: 20 U.S.C. 1401(6); 14 Del.C. §3110)
“Equipment” means machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.
(Authority: 20 U.S.C. 1401(7); 14 Del.C. §3110)
“ESEA” means the Elementary and Secondary Education Act of 1965 (20 U.S.C. §7801). It was reauthorized in 2015 as the Every Student Succeeds Act (ESSA).
“ESSA” means the Every Student Succeeds Act, which is the reauthorization of the Elementary and Secondary Education Act of 1965 (ESEA), 20 U.S.C. §6300 et seq.
“Evaluation” means procedures used in accordance with 14 DE Admin. Code 925.4.0 through 925.6.0 to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.
(Authority: 20 U.S.C. 1414(a) (c); 14 Del.C. §3110)
“Evaluation Summary Report” or “ESR” means a report that documents the IEP team’s review of data and discussion of the eligibility determination. A template can be provided by the Delaware Department of Education.
(Authority: 20 U.S.C. 1414(b)(4); 14 Del.C. §3110)
“Excess Costs” means those costs that are in excess of the average annual per-student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting amounts received under Part B of the Act; under Part A of Title I of the ESEA; under Parts A and B of Title III of the ESEA; and any State or local funds expended for programs that would qualify for assistance under any of the foregoing federal programs, but excluding any amounts for capital outlay or debt service.
(Authority: 20 U.S.C. 1401(8); 14 Del.C. §3110)
“Free Appropriate Public Education” or “FAPE” means special education and related services that: are provided at public expense, under public supervision and direction, and without charge; meet the standards of the DOE, including the requirements of these regulations; include an appropriate preschool, elementary school, or secondary school education in Delaware; are provided in conformity with an individualized education program (IEP) that meets the requirements of 14 DE Admin. Code 925.7.0 through 925.11.0; provide significant learning to the child with a disability; and confer meaningful benefit on the child with disability gauged to the child with a disability’s potential.
(Authority: 20 U.S.C. 1401(9); 14 Del.C. §3110)
“Homeless Children” means the same as the term homeless children and youths in section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq.
(Authority: 20 U.S.C. 1401(11); 14 Del.C. §3110)
“Include” or “Such As” means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.
(Authority: 20 U.S.C. 1221e-3; 14 Del.C. §3110)
“Individualized Education Program” or “IEP” means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with 14 DE Admin. Code 925.7.0 through 925.11.0.
(Authority: 20 U.S.C. 1401(14); 14 Del.C. §3110)
“Individualized Education Program Team” or “IEP Team” means a group of individuals responsible for developing, reviewing, or revising an IEP for a child with a disability.
(Authority: 20 U.S.C. 1414(d)(1)(B); 14 Del.C. §3110)
“Institution of Higher Education” means the same as the term in section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C. 1021 et seq. (HEA); and also includes any community college receiving funds from the Secretary of the Interior under the Tribally Controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801, et seq.
(Authority: 20 U.S.C. 1401(17); 14 Del.C. §3110)
“Limited English Proficient” or “English Learner” means an individual who meets the following 4 requirements: (1) aged 3 through 22 years old; (2) who is enrolled or preparing to enroll in an elementary school or secondary school; (3) who was not born in the United States or whose native language is a language other than English, who is a Native American or Alaska Native, or a native resident of the outlying areas, and who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency, or who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (4) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the ability to meet the State’s proficient level of achievement on State assessments; the ability to successfully achieve in classrooms where the language of instruction is English; or the opportunity to participate fully in society.
(Authority: 20 U.S.C. 1401(18); 14 Del.C. §3110)
“Local Educational Agency” or “LEA” means a public board of education or other public authority legally constituted within Delaware for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a school district, or for a combination of school districts. The term includes an educational service agency, as defined in this section, and any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
(Authority: 20 U.S.C. 1401(19); 14 Del.C. §3110)
“Multi-Tiered System of Support” or “MTSS” means a framework that is designed to meet the needs of the whole child through an integrated multi-level prevention system that optimizes team-based leadership and data-driven decision-making to meet the academic and nonacademic needs of all students. High quality core academic instruction and nonacademic practices are provided as universal supports to all children. Evidence-based intervention and supports are matched to student needs and informed by ongoing progress monitoring and additional formative assessments.
“Native Language” means, when used with respect to an individual who is limited English proficient, the language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except that when used in reference to direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment. For an individual with deafness or blindness, or for an individual with no written language, “native language” means the mode of communication that is normally used by the individual (such as sign language, Braille, or oral communication).
(Authority: 20 U.S.C.1401(20); 14 Del.C. §3110)
“Parent” means a biological or adoptive parent of a child; a guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives and for whom a Relative Caregiver’s School Authorization executed in compliance with 14 Del.C. §202(f)(1) is on file; an individual who is otherwise legally responsible for the child's welfare; or a surrogate parent who has been appointed in accordance with 14 DE Admin. Code 926.19.0 or section 639(a)(5) of the Act.
(Authority: 20 U.S.C. 1401(23); 14 Del.C. §3110)
“Parent Training and Information Center” means a center assisted under sections 671 or 672 of the Act, and includes the Parent Information Center of Delaware, Inc.
(Authority: 20 U.S.C. 1401(25); 14 Del.C. §3110)
“Personally Identifiable” means information that contains the name of the child, the child's parent, or other family member; the address of the child; a personal identifier (such as the child's social security number or student number); or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.
(Authority: 20 U.S.C. 1415(a); 14 Del.C. §3110)
“Public Agency” means the Department of Education, LEAs, ESAs, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.
(Authority: 20 U.S.C. 1412(a)(11); 14 Del.C. §3110)
“Related Services” means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.
Definitions of Related Services Terms: The specific related services terms used in this definition are defined as follows:
“Audiology” includes the identification of children with hearing loss, and determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation; creation and administration of programs for prevention of hearing loss; counseling and guidance of children, parents, and teachers regarding hearing loss; and determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.
“Counseling Services” includes services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.
“Early identification and Assessment of Disabilities in Children” means the implementation of a formal plan for identifying a disability as early as possible in a child's life.
“Interpreting Services” means the following when used with respect to children who are deaf or hard of hearing: Oral transliteration services; cued language transliteration services; sign language transliteration and interpreting services and transcription services such as communication access real time translation (CART), C Print, and Type Well; and special interpreting services for children who are deaf-blind.
“Medical Services” includes services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services.
“Occupational Therapy” means services provided by a qualified occupational therapist and includes: improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation; improving ability to perform tasks for independent functioning if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function.
“Orientation and Mobility Services” means services provided to blind or visually impaired children by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and includes teaching children the following, as appropriate:
To understand and use remaining vision and distance low vision aids; and
Other concepts, techniques, and tools.
“Parent Counseling and Training” means assisting parents in understanding the special needs of their child, providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP.
“Physical Therapy” means services provided by a qualified physical therapist.
“Psychological Services” includes administering psychological and educational tests and other assessment procedures; interpreting assessment results; obtaining, integrating, and interpreting information about child behavior and conditions relating to learning; consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations; planning and managing a program of psychological services, including psychological counseling for children and parents; and assisting in developing positive behavioral intervention strategies.
“Recreation” includes assessment of leisure function, therapeutic recreation services recreation programs in schools and community agencies and leisure education.
“Rehabilitation Counseling Services” means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et seq.
“School Health Services” and “School Nurse Services” means health services designed to enable a child with a disability to receive FAPE as described in the child's IEP. School nurse services are services provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person.
“Scientifically Based Research” means the same as the term defined in section 9101(37) of the ESEA.
(Authority: 20 U.S.C. 1411(e)(2)(C)(xi); 14 Del.C. §3110)
“Secondary School” means a nonprofit institutional day or residential school, (including a public secondary charter school) that provides secondary education, as determined under Delaware law, except that it does not include any education beyond grade 12.
(Authority: 20 U.S.C. 1401(27); 14 Del.C. §3110)
“Secretary” means the Secretary of Education of the Delaware Department of Education unless otherwise indicated in the text of these regulations.
(Authority: 14 Del.C. §3110)
“Services Plan” means a written statement that describes the special education and related services the LEA will provide to a parentally-placed child with a disability enrolled in a private school who has been designated to receive services, including the location of the services and any transportation necessary, consistent with 14 DE Admin. Code 923.32.0, and is developed and implemented in accordance with 14 DE Admin. Code 923.37.0 through 923.39.0.
(Authority: 20 U.S.C. 1412(a)(10)(A); 14 Del.C. §3110)
“Social Work Services” in schools includes preparing a social or developmental history on a child with a disability; group and individual counseling with the child and family; working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school; mobilizing school and community resources to enable the child to learn as effectively as possible in their educational program; and assisting in developing positive behavioral intervention strategies.
“Special Education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, and instruction in physical education. Special education includes each of the following, if the services otherwise meet the requirements of this definition: Speech-language pathology services, travel training and vocational education.
“Speech Language Pathology Services” includes identifying children with speech or language impairments; diagnosis and appraisal of specific speech or language impairments; referral for medical or other professional attention necessary for the habilitation of speech or language impairments; provision of speech and language services for the habilitation or prevention of communicative impairments; and counseling and guidance of parents, children, and teachers regarding communicative impairments.
“Transportation” includes travel to and from school and between schools, travel in and around school buildings; and specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.
(Authority: 20 U.S.C. 1401(26); 14 Del.C. §3110)
Definitions of Special Education Terms: The specific terms used in the definition of special education are defined as follows:
“At No Cost” means that all specially designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.
“Physical Education” means the development of physical and motor fitness, fundamental motor skills and patterns; and skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports) and includes special physical education, adapted physical education, movement education, and motor development.
“Specially Designed Instruction” means adapting, as appropriate to the needs of an eligible child under these regulations, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child's disability and to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.
“State” means the State of Delaware.
(Authority: 20 U.S.C. 1401(31); 14 Del.C. §3110)
“State Educational Agency” or “SEA” means the Delaware Department of Education.
(Authority: 20 U.S.C. 1401(32); 14 Del.C. §3110)
(Authority: 20 U.S.C. § 1412(a)(1))
“Supplementary Aids and Services” means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with 14 DE Admin. Code 923.14 through 923.16.0.
(Authority: 20 U.S.C. 1401(33); 14 Del.C. §3110)
“These Regulations” means 14 DE Admin. Code 922 through 929, Children with Disabilities, Subparts A through I unless the context clearly indicates otherwise.
(Authority: 14 Del.C. §3110)
“Transition Services” means a coordinated set of activities for a child with a disability that is designed to be within a results oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; and is based on the individual child's needs, taking into account the child's strengths, preferences, and interests.
(Authority: 20 U.S.C. 1401(34); 14 Del.C. §3110)
“Travel Training” means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to develop an awareness of the environment in which they live; and learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).
“Universal Design” means the term in section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. 3002.
(Authority: 20 U.S.C. 1401(35); 14 Del.C. §3110)
“Vocational Education” means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.
(Authority: 20 U.S.C. 1401(29); 14 Del.C. §3110)
“Ward of the State” means a child who, as determined by the state where the child resides, is a foster child, a ward of the state; or in the custody of a public child welfare agency, including, but not limited to, the Delaware Department of Services for Children, Youth, and Their Families.
(Authority: 20 U.S.C. 1401(36); 14 Del.C. §3110)
