14 Del. Admin. Code § 925-2.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 925-2.0 - Initial Evaluations

2.1 Initial Evaluations General: Each public agency shall conduct a full and individual initial evaluation in accordance with Sections 5.0 and 6.0 before the initial provision of special education and related services to a child with a disability under these regulations. The initial evaluation shall be completed in a manner which precludes undue delay in the evaluation of students.

2.2 Request for initial evaluation: Consistent with the consent requirements in Section 1.0, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.

2.3 Procedures for initial evaluation: Within forty-five (45) school days or ninety (90) calendar days, whichever is less, of receiving written parental consent, the initial evaluation shall be conducted; and the child's eligibility for special education and related services shall be determined at a meeting convened for that purpose.

2.3.1 The initial evaluation shall consist of procedures to determine if the child is a child with a disability as defined in 14 DE Admin. Code 922.3.0; and to determine the educational needs of the child.

2.4 Exception: The time frame described in subsection 2.3 does not apply to a public agency if:

2.4.1 The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or

2.4.2 A child enrolls in a school of another public agency after the relevant time frame in subsection 2.3 has begun, and prior to a determination by the child's previous public agency as to whether the child is a child with a disability.

2.5 The exception in subsection 2.4.2 applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed.

2.6 Screening for instructional purposes is not evaluation: The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

(Authority: 20 U.S.C. 1414(a); 14 Del.C. § 3110)

14 Del. Admin. Code § 925-2.0

14 DE Reg. 1060 (04/01/11)
24 DE Reg. 673 (1/1/2021) (Final)