14 Del. Admin. Code § 925-11.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 925-11.0 - Development, Review, and Revision of IEP

11.1 Development of IEP, general: In developing each child's IEP, the IEP team shall consider:

11.1.1 The strengths of the child;

11.1.2 The concerns of the parents for enhancing the education of their child;

11.1.3 The results of the initial or most recent evaluation of the child; and

11.1.4 The academic, developmental, and functional needs of the child.

11.2 Consideration of special factors: The IEP team shall:

11.2.1 In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;

11.2.2 In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP;

11.2.3 In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

11.2.4 Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode;

11.2.5 Consider whether the child needs assistive technology devices and services; and

11.2.6In the case of a child who is blind, visually impaired, or has a physical or print disability, consider whether the child needs accessible instructional materials.

11.2.7In the case of any child with limited reading proficiency, consider the reading services, supports and evidence-based interventions as those relate to the child's IEP;

11.2.7.1For a child who is not beginning to read by age seven (7), or who is beyond age seven (7) and is not yet beginning to read, enumerate the specific, evidence-based interventions that are being provided to that child to address the child's inability to read. Eligibility for reading-based extended school year services shall be determined in accordance with 14 DE Admin. Code 923.6.0.

11.3 Requirement with respect to regular education teacher: A regular education teacher of a child with a disability, as a member of the IEP team, shall, to the extent appropriate, participate in the development of the IEP of the child, including the determination of appropriate positive behavioral interventions and supports and other strategies for the child; and supplementary aids and services, program modifications, and support for school personnel consistent with subsection 7.1.4.

11.4 Agreement: In making changes to a child's IEP after the annual IEP team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP. If changes are made to the child's IEP in accordance with this section, the public agency shall ensure that the child's IEP team is informed of those changes.

11.5 Consolidation of IEP team meetings: To the extent possible, the public agency shall encourage the consolidation of re-evaluation meetings for the child and other IEP team meetings for the child.

11.6 Amendments: Changes to the IEP may be made either by the entire IEP Team at an IEP 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.

11.7 Review and revision of IEPs, general: Each public agency shall ensure that, subject to subsections 11.8 and 11.9, the IEP Team reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and revises the IEP, as appropriate, to address:

11.7.1 Any lack of expected progress toward the annual goals described in subsection 7.1.2, and in the general education curriculum, if appropriate;

11.7.2 The results of any re-evaluation conducted under Section 3.0;

11.7.3 Information about the child provided to, or by, the parents, as described in subsection 5.1.4;

11.7.4 The child's anticipated needs; or

11.7.5 Other matters.

11.8 Consideration of special factors: In conducting a review of the child's IEP, the IEP team shall consider the special factors described in subsection 11.2.

11.9 Requirement with respect to regular education teacher: A regular education teacher of the child, as a member of the IEP team, shall, consistent with subsection 11.3, participate in the review and revision of the IEP of the child.

11.10 Failure to meet transition objectives, participating agency failure: If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with subsection 7.2, the public agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

11.11 Construction. Nothing in these regulations relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.

11.12 Children with disabilities in adult prisons, requirements that do not apply: The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

11.12.1 The requirements contained in section 612(a)(16) of the Individuals with Disabilities Education Act and 14 DE Admin. Code 925.7.1.6 (relating to participation of children with disabilities in general assessments).

11.12.2 The requirements in subsection 7.2 (relating to transition planning and transition services) do not apply with respect to the children whose eligibility under Part B of the Individuals with Disabilities Education Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

11.13 Modifications of IEP or placement: Subject to subsection 11.13.1, the IEP team of a child with a disability who is convicted as an adult under State law and incarcerated in an adult prison may modify the child's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

11.13.1 The requirements of Section 7.0 (relating to IEPs), and 14 DE Admin. Code 923.14.0 (relating to LRE) do not apply with respect to the modifications described in subsection 11.13.

(Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e); 14 Del.C. § 3110)

14 Del. Admin. Code § 925-11.0

14 DE Reg. 1060 (04/01/11)
18 DE Reg. 564 (1/1/2015)
18 DE Reg. 861 (5/1/2015)
24 DE Reg. 673 (1/1/2021)
28 DE Reg. 417 (12/1/2024) (Errata)