Dear Parents and Caregivers,
As you know, you are an important member of your child's educational team. You know your child best because you were his/her first teacher. Knowing your child as you do, you can provide critical information to plan for his/her future in school. In addition, you must gain specific knowledge to make informed decisions regarding your child's education. By reading this guide, you are taking a step toward empowerment in your child’s future. As a parent or caregiver of a child with a disability, it is important for you to understand the special education process. This manual provides an overview of special education services under the Individuals with Disabilities Education Act. I hope that you find it a useful tool in helping your child achieve success in school and in life.
Mary Ann Miezcowski
State Director of Special Education
Delaware Department of Education (DDOE)
Introduction
As a parent, you know your child in a way no one else does. You are an expert about your child and a key member of the team that plans your child’s education. As the parent, you are the key to an appropriate education for your child! You have important and unique information to share about your child’s needs and abilities, and you know what your child needs to learn to become an independent and productive adult.
You have the unique power to positively influence your child’s educational outcomes! However, to be an effective advocate for your child, you must know your rights and your child’s rights under the law, and you must be familiar with the education policies and processes in our state. Exercising these rights and fulfilling your responsibilities are important steps in supporting your child’s educational journey. This manual offers an overview of the special education process and services in Delaware under the Individuals with Disabilities Education Act and corresponding Delaware law. It has been designed so that you can skip to the information that is important to you. For further information or individual assistance, contact the Delaware Department of Education (DDOE) or the Parent Information Center of Delaware (PIC).
Background on Special Education
In 1975, the U.S. Congress passed Public Law 94-142, the first law passed to ensure children with disabilities have access to and derive benefit from a Free Appropriate Public Education or FAPE. This law is now called the Individuals with Disabilities Education Act (IDEA). Through the provision of special education and related services, the IDEA continues to give children with disabilities opportunities to achieve at high levels and to prepare for post-secondary career and college readiness and independence. The IDEA was amended in 1997, and again in 2004. The revisions to the law increased services to children with disabilities and strengthened the role of parents in the special education process.
Children with Disabilities Attending Public Schools: All public and charter schools in Delaware must follow the requirements of the IDEA, as well as, specific state regulations that clarify or enhance the provisions of the IDEA. Delaware Regulations related to Special Education: Delaware Regulations
Delaware Department of Education General Special Education link: Delaware Special Education
Children with Disabilities Placed by Their Parents in Private Schools: Children with disabilities who attend private schools at the choosing of their parents have no individual right to receive some or all of the special education and related services they would receive if enrolled in the public schools. However, each school district has an obligation to locate, identify and evaluate children with disabilities who are parentally placed in private schools located within the district, regardless of where the children live. School districts must also allocate proportionate amounts of special education funding to provide special education and related services to children with disabilities placed in private schools by their parents. The type, amount and delivery of services to be provided to some or all privately placed children are at the discretion of the school district and determined after discussion with the private school, the school district, and parents. A service plan establishes the conditions under which an eligible child is to receive services.
For more information, please follow this link.
