Frequently Asked Questions

We have developed some questions and answers about Special Education and other topics that parents often ask. We hope these will be helpful in providing you with information. Please scroll down to see all questions and related answers.

QUESTIONS by Category

Special Education - General Information

1. What is "Special Education"? 2. What does "special education" really mean for my child? 3. Are special education services in DE different from other states? 4. If my child attends a charter school, will she still be able to receive special education services? 5. How can I learn more about special education services and programs in Delaware? 6. How can I find out more about my rights?

Special Education - Eligibility & Evaluation

1. What should I do if I think my child needs special education services? 2. Can I just tell my child’s teacher that I want my daughter to be evaluated for special education services? 3. Can anyone else provide written parental consent to have my child evaluated for special education services? 4. Are caregivers such as grandparents able to sign parental consent forms? 5. Why does my child need an educational evaluation if I already know she has problems in school? 6. Why does my child have to have a “label” to get special education services? 7. Can Evaluating Behavior Be Part of the Evaluation Procedure? 8.  What if I do not agree with the team about my child’s evaluation results?

Special Education - Individualized Education Program (IEP)

1. What is an IEP? 2. When does my child get an IEP? 3. What if I am not able to attend the IEP meeting for my child? 4. Who should come to my child’s IEP meeting? 5. Is it acceptable for the school to present me with a draft IEP for my child? 6. What can I do to prepare for my child’s IEP meeting? 7. Am I able to take a friend or family member with me to my child’s IEP meeting?

Special Education - Discipline

1. Can my child be suspended from school because of problem behaviors?

Special Education - Resolving Conflicts

1. What options do I have if I disagree with the school team about my child’s education?

SPECIAL EDUCATION – Transition for students ages 14-21

1. What is different about my child’s IEP now that she is 14 years old? 2. Should my child attend her IEP meeting? 3. What should I expect at my child’s transition meeting?

 Family Support                           

 

1. I cannot leave my child with a regular babysitter because his needs are too demanding. I need some time off! Is there anyone who provides babysitting for children with special needs?

ANSWERS by Category

SPECIAL EDUCATION – General Information

1. What is “Special Education”?

Although commonly referred to as “Special Education”, this term originates from the Individuals with Disabilities Education Act or IDEA. The IDEA is a federal law that mandates that eligible children with disabilities between the ages of three through twenty-one receive a free appropriate public education. A free appropriate public education means special education and related services.

2. What does “special education” really mean for my child?

The federal law, IDEA (Individuals with Disabilities Education Act), defines special education as specially designed instruction to meet the unique needs of a child with a disability. This means that if your child qualifies for special education services, you as her parent, will be involved in developing an Individualized Education Program or IEP for her that addresses her unique educational needs. You will work with a school team to identify her strengths and needs and the services necessary to help her reach rigorous, yet realistic annual goals while in school. Your child may also need “Related services” or other services (such as speech therapy or transportation) to allow her to benefit from her special education program.

3. Are special education services in Delaware different from other states?

The IDEA is a federal law, so all states must follow the requirements of IDEA, but practices and procedures of how the law is implemented may look different depending on the state in which you reside; therefore, services may be different. Even school districts in the same state may use different terminology or have policies and procedures that differ from another school district in the same state. Delaware’s special education regulations can be found in what is called the “Administrative Code” which provides information for parents and schools about the special education process. The State Special Education Regulations (Effective June 11, 2007) are located on the DE Dept. of Education’s web site at http://www.doe.k12.de.us/infosuites/students_family/specialed/default.shtml

4. If my child attends a charter school, will she still be able to receive special education services?

All public and charter schools in Delaware must comply with federal and state special education regulations. So if your child is found eligible for special education and related services, then “yes” your child will receive services from the Charter School.

5. How can I learn more about special education services and programs in Delaware?

You can gain valuable information about special education services and programs in a number of ways:

• Attend PIC workshops and special events
• Stay current with both state and national workshops, events, news and resources by signing up to receive PIC’s e-newsletter
• Participate in your child’s IEP and school meetings
• Request to have a meeting or phone call conference with your child’s teacher
• Attend open houses, PTA meetings and other school events
• Join a parent support group (ADD link to on-line resource center)
• Visit the Delaware Dept. of Education’s web site http://www.doe.k12.de.us/ which includes information about: special education regulations, curriculum standards, state testing, complaint procedures and more about Delaware public and charter schools

6. How can I find out more about my rights?

• Become familiar with resources such as: Parents Can Be The Key (ADD link to PIC) and Delaware’s Special Education Regulations http://www.doe.k12.de.us/infosuites/students_family/specialed/default.shtml
• Attend PIC workshops and special events
• Stay current with both state and national workshops, events, news and resources by signing up to receive PIC’s e-newsletter

PIC Tip: Knowledge is empowering and the more you learn about your parental rights under the IDEA, the more empowered you will feel. The more educated you become about your rights and responsibilities, the stronger your ability will be to advocate for your child as a respected member of your child’s school team.

Resources:

Building the Legacy: IDEA Curriculum http://www.nichcy.org/Laws/IDEA/Pages/BuildingTheLegacy.aspx

DE Department of Education http://www.doe.k12.de.us/

NICHCY: IDEA http://www.nichcy.org/Laws/IDEA/Pages/Default.aspx

NICHCY: Q & A on IDEA http://www.nichcy.org/EducateChildren/Pages/QAseries.aspx

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SPECIAL EDUCATION – Eligibility & Evaluation

1. What should I do if I think my child needs special education services?

As a parent, you may request that your child receive an educational evaluation to determine if she is eligible for special education services. A teacher or someone from another public agency who has been working with your child may also mention that your child may benefit from special education services. The school, however, cannot conduct an educational evaluation until you, the parent, have given your permission by providing your informed written consent for the evaluation.

PIC Tip: Your request for an educational evaluation should be made in writing (email is acceptable) to the school principal, teacher, special education director or educational diagnostician. It is also helpful to copy another team member on your request to ensure that at least two people are aware of your documented request.

References: 14 DE Admin Code 925 2.2; 34 C.F.R. §300.301

2. Can I just tell my child’s teacher that I want my daughter to be evaluated for special education services?

A school must get informed written parental consent prior to conducting an education evaluation to determine if a child is eligible for special education and related services. Therefore, a parent (as defined under IDEA) must sign a permission form before a school can conduct an evaluation. Usually a school will have their own “permission to evaluate” form that describes what the evaluation will include and it will explain the process. This form will also list the date of the evaluation and who from the school will conduct it.

References: 14 DE Admin Code 925 2.3; 34 C.F.R. §300.300

PIC Tip: After providing written parental consent, the meeting to determine your child’s eligibility for special education and related services must occur within 45 school days or 90 calendar days.

3. Can anyone else provide written parental consent to have my child evaluated for special education services?

Under the IDEA, only parents can provide written parental consent for an initial educational evaluation. A parent is considered any one of the following:

• A biological or adoptive parent of a child;
• A guardian (a non-parent authorized by Family Court to act as a child’s parent and is awarded possession of the powers, rights, and duties which are necessary to protect, manage and care for a child. A guardian has the legal authority to take care of the child and make educational decisions as if he/she were the child’s parent until the child turns 18 years of age). Youth in the care of the Department of Services for Children, Youth and their Families (DSCYF) are said to be in their “custody”, therefore, a DFS (Division of Family Services) worker is not considered a guardian of a child.
• An individual acting in the place of a biological or adoptive parent and with whom the child lives – A Relative Caregiver’s School Authorization will also be requested and kept on file at the school (refer to question #4 below);
• An individual who is legally responsible for the child’s welfare; or a
• A surrogate parent who has been appointed by the Dept. of Education

References: 14 DE Admin Code 922 3.0; 34 C.F.R. §300.30

4. Are caregivers such as grandparents able to sign parental consent forms?

If a child lives with a grandparent (or other relative by blood, marriage or adoption) and that person is acting in the place of a biological or adoptive parent, then that grandparent (or other relative) is considered a parent under IDEA and can sign parental consent forms. Additionally, Delaware regulations require that the person complete a Relative Caregiver’s School Authorization form. The Delaware Relative Caregivers' School Authorization Affidavit is required for a relative caregiver who is raising a child without legal custody or guardianship to register a child for public school. You can obtain this form through your school district or from the DE Health and Social Services/Division of Services for Aging and Adults with Physical Disabilities http://dhss.delaware.gov/dhss/dsaapd/sample.html

References: 14 DE Admin Code 922 3.0 (p. 9); 34 C.F.R. §300.30

5. Why does my child need an educational evaluation if I already know she has problems in school?

An educational evaluation is a way to find out as much information as possible about why your child is struggling in school and whether her school performance is related to a disability. Not all children who are having problems in school have a disability or will qualify for special education services. In order to find out if your child qualifies or is eligible for special education services, school personnel must first conduct an evaluation.

• The evaluation includes gathering information from a variety of sources, including aptitude and achievement tests, state assessments, information from response-to- intervention (RTI) processes and input from parents and teachers.
• The evaluation is conducted by trained and knowledgeable school personnel.
• You will join a team from the school, that is knowledgeable about your child, and review the evaluation information to determine if your child is a “child with a disability” for educational purposes.
• In determining whether you child is a “child with a disability” for educational purposes, the team will review and discuss the evaluation results. The team will then use eligibility criteria as described in the IDEA and DE Special Education Regulations to make their determination of whether the child is eligible for special education and related services.

PIC Tip: As a parent, you have valuable information to share about your child. It is important that you share information with the school team about your child’s disability, previous evaluations, past school history and medical issues. Be sure to ask questions and share your concerns and expectations.

References: 14 DE Admin Code 925 4.2; 34 C.F.R. §300.301

Resources:

NICHCY: Evaluating Children http://www.nichcy.org/EducateChildren/evaluation/Pages/default.aspx

6. Why does my child have to have a “label” to get special education services?

The process of using categories or “labels” in Delaware is taken from the federal law called the Individuals with Disabilities Education Act (IDEA). Categories in Delaware used to define a “child with a disability” for special education purposes are: Autism, Deaf-Blindness, Developmental Delay, Emotional Disturbance, Hearing Impairment, Learning Disability, Mental Disability, Orthopedic Impairment, Other Health Impairment; Speech and/or Language Impairment, Traumatic Brain Injury, Visual Impairment and Preschool Speech Delay (3 and 4 year olds only). These categories closely mirror the federal law and can be found in Delaware’s Special Education Regulations http://www.doe.k12.de.us/infosuites/students_family/specialed/default.shtml.

PIC Tip: The “label” is used for eligibility purposes only and should not be used to drive services for your child.

References: 14 DE Admin Code 925 2.0 - 925 6.0; 34 C.F.R. §300.8, 34 C.F.R. §300.15, C.F.R. §300.304 - §300.306

7. Can Evaluating Behavior Be Part of the Evaluation Procedure?
Yes, a functional behavioral assessment (FBA) can be included in the evaluation process if your child exhibits behaviors that are interfering with her education. An FBA looks at why a child behaves as he or she does, given the nature of the child and what is happening in the environment. An FBA includes observations and input from all team members (including parents) and is usually conducted by a school psychologist, behavior specialist or educational diagnostician. Data collected from the FBA can be used to develop a Behavior Intervention Plan (BIP) that focuses on using positive strategies and interventions with your child to change or eliminate inappropriate behaviors.

8.  What if I do not agree with the team about my child’s evaluation results?

If you do not agree with your child’s educational evaluation, inform the school in writing of your disagreement and request to have an Independent Educational Evaluation (IEE). An IEE is an evaluation conducted by a qualified person who is not employed by the school district responsible for your child’s education. The IEE is conducted at no cost to the parent. A parent is entitled to only one IEE at the school district’s expense each time the school conducts an evaluation in which the parent disagrees.

References: 14 DE Admin Code 926 2.0; 34 C.F.R. §300.502

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SPECIAL EDUCATION – Individualized Education Program (IEP)

1. What is an IEP?

The IEP is a document or “roadmap” to help guide the team in developing your child’s individualized education program. It helps you and the school team to address your child’s unique educational needs. The IEP document is used throughout the IEP process to guide the team in providing services and supports to help your child benefit from their education. At the IEP meeting, you and the team will review and discuss many aspects of your child and her educational planning.  You will review formal and informal pieces of data (e.g. state tests, homework, assessments) and determine your child’s academic and functional needs. You will work closely with your school team to determine how best to meet your child’s needs through instruction, services and additional supports. As a team you will also develop annual goals so that you and her teachers can measure her progress at regular intervals throughout the year. 

2. When does my child get an IEP?

Once your child has been determined eligible for special education services, an IEP (Individualized Education Program) meeting will take place within 30 days to develop the IEP document.

PIC Tip: Your child’s IEP must be reviewed at least one time a year, however, you or the school may request to have an IEP meeting at any time to review your child’s progress, discuss problems, share strategies or make revisions as needed to your child’s educational program.

References: 14 DE Admin Code 925 20.1; 34 C.F.R. §300.323

3. What if I am not able to attend the IEP meeting for my child?

If you are unable to attend your child’s IEP meeting as scheduled, notify the school and request that another date and time be scheduled. You should see an area on your “invitation to meeting” letter that allows you to indicate that you are not able to attend. It is helpful to offer several dates and times to the school when trying to schedule or re-schedule a meeting. You may participate in your child’s IEP meeting in person, by phone or webinar.

4. Who should come to my child’s IEP meeting?

Team members who must be invited and participate in your child’s IEP meeting are:

• YOU – the Parent(s);
• Child – Your child may attend any meeting you feel is appropriate. In Delaware, your child must be invited to her IEP meeting starting at the age of 14. If your child does not attend starting at the age of 14, the school must take steps to ensure that your child’s strengths, preferences and interests were considered;
• General Education Teacher;
• Special Education Teacher;
• District representative (e.g. principal, special education director) who can commit agency resources and be able to ensure that whatever services are set out in the IEP will actually be provided;
• Individual (e.g. school psychologist, educational diagnostician) who can interpret your child’s evaluation results as they relate to her instruction; and
• Others may be invited by the parent or school who have knowledge or special expertise.

References: 14 DE Admin Code 925 21.0; 34 C.F.R. §300.321

5. Is it acceptable for the school to present me with a draft IEP for my child?

Sometimes a draft IEP is presented to the parent as a way to move through the IEP meeting more efficiently The school may create a draft IEP for use at the IEP meeting with the understanding that as a draft it is open to changes, additions and revisions as determined by the team.

6. What can I do to prepare for my child’s IEP meeting?

Preparation is very important and can be the determining factor in having a productive meeting. The following are some suggestions:

• Review the IEP invitation letter so that you know who has been invited
• Make a list of your concerns regarding your child and her education
• Prioritize your list of concerns to a reasonable number
• Make copies of your list and share them with the team prior to or at the meeting
• Develop a list of questions that are important to you to ask specific team members
• Problem-solve solutions to your concerns and be ready to share your ideas
• Observe your child’s classroom and research programs that interest you
• Be familiar with your child’s IEP  and review evaluation results

7. Am I able to take a friend or family member with me to my child’s IEP meeting?

Yes, you may invite individuals to your child’s IEP meeting who you believe have expertise or knowledge about your child. The school may do the same. If you plan to have someone attend the meeting who is not on the invitation letter sent out by the school, it is courteous to notify the school of your intention.

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SPECIAL EDUCATION - Discipline

1. Can my child be suspended from school because of problem behaviors?

Each school district has a student code of conduct that describes policies and procedures around the rules or code of conduct in their schools. If your child violates the code of conduct, they are subject to the same disciplinary actions that apply to students who do not receive special education services. However, for students receiving special education services, there are additional safeguards to ensure that they are not being punished for their disability. As a general rule, a child receiving special education services can be suspended up to ten days before the IEP team needs to take measures to address your child’s behavior related to their disability and the appropriateness of the IEP. School discipline procedures are described in detail in our booklet Parents Can be The Key.

PIC Tip: Become familiar with the child’s school code of conduct. It is common to receive this booklet in the beginning of the school year, but you can also access an individual school’s website and find their code of conduct.

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SPECIAL EDUCATION – Resolving Conflicts

1. What options do I have if I disagree with the school team about my child’s education?

There are a number of options available to parents under the IDEA when it comes to resolving conflicts. If you have tried avenues to resolve your conflict such as discussing your concerns with your IEP team or speaking directly with your child’s teacher, you may find it helpful to use a more formal method. Other methods are briefly described below, but are described in detail (together with all of your procedural safeguards) in Parents Can be The Key.

• Facilitated IEP Meeting - This is where a neutral person, who is a trained facilitator, runs or facilitates an IEP meeting for the team
• Mediation Session – This is a more formal meeting where a trained facilitator assists parents and limited IEP team members in a process to resolve their conflict
• State Complaint – This is a written complaint to the Dept. of Education claiming that a school district is out of compliance
• Due Process Hearing – This is where a three person hearing panel listens to and reviews evidence to make a determination of whether a school violated your child's right to a free appropriate public education
• Resolution Session – If a due process hearing is requested, the school will schedule this meeting to see if resolution can occur prior to proceeding with a due process hearing

PIC Tip: The first thought for any conflict is to step back and consider not only the options, but whether the school is clearly aware of your disagreement with them and whether avenues have been tried so far to resolve the problem. If you feel that your IEP meetings are not moving forward in a positive way to resolve the conflict, learn about and exercise your rights or procedural safeguards as described above.

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SPECIAL EDUCATION – Transition for students ages 14-21

1. What is different about my child’s IEP now that she is 14 years old?

In Delaware, transition planning begins for students at the age of 14 or even younger if agreed upon by the team. This means that your IEP meetings will include discussions and planning around post-secondary goals. Post-secondary are goals for your child to strive for after they leave the high school setting. In particular, goals in the areas of employment, education or training and independent living will be reviewed.

2. Should my child attend her IEP meeting?

In Delaware, your child must be invited to her IEP meeting starting at the age of 14. If your child does not attend starting at the age of 14, the school must take steps to ensure that your child’s strengths, preferences and interests were considered.

PIC Tip: Your child’s participating in planning for her future is very important and participating in her IEP meeting is one of the first steps toward advocacy and independence. You have the opportunity to model for your child all of the skills and knowledge that you have been using on their behalf that will benefit them as they assume the IDEA parental rights at the age of 18 (age of majority) as well as when they enter the real world as young adults.

3. What should I expect at my child’s transition meeting?

In Delaware, there is a “transition” IEP that is used for students ages 14-21. It is a tool to help guide you and the team to focus on developing goals based on data and age-appropriate assessments for your child once she leaves school. Emphasis is placed on planning for employment, education or training and independent living and providing support and coordinating activities and services to help your child learn skills while in school to be successful when she exits school. Courses of study directly related to your child’s goals will be coordinated and the assistance of outside agencies such as the Division of Vocational Rehabilitation or Developmental Disabilities Services may be included. In the beginning, the transition planning will most likely be a broad picture of your child’s future. Your child’s transition plan should become more specific as your child progresses through school and has more opportunities to learn job skills and experience planning for a life beyond high school.

PIC Tip: Transition planning is not an “event” rather it is a constant process and subject to change as your child’s needs, experiences and preferences change. Because your child is the center of transition planning, she should be encouraged to participate in every phase of the process.

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DISABILITY RELATED:                                                   

1. I cannot leave my child with a regular babysitter because his needs are too demanding. I need some time off! Is there anyone who provides babysitting for children with special needs?

It sounds like you could benefit from respite services. "Respite" refers to short term, temporary care provided to people with disabilities. It can involve a few hours of care or even overnight care. Respite helps temporarily relieve the stress families may experience from having to care for a child with special needs. Respite care enables families to take vacations, or to have just a few hours of time off. Respite is often referred to as a gift of time.

Delaware has a  referral system for respite programs and services through the Delaware LifespanRespite Care Network housed at the EasterSeals Delaware & Maryland's Eastern Shore.  http://www.delrespite.org or 888-610-5572 .

You can also inquire by email: caregiving@respite.com

Several local organizations provide respite-related services:

• Mary Campbell Center: This center, located on Weldin Road in North Wilmington, has a variety of respite and recreational programs for children with special needs and their siblings. The center runs an afterschool program three days per week for children ages 6 to 21. Other programs offered by the center include a preschool program for ages 3-6 on two afternoons; weekly clubs for ages 6-21; a weekly teen group for ages 13 to 21; Special Olympics training for ages 8-21; schools out programs for ages 3-21; and swim lessons. The center also offers summer camp programs. For more information visit website. 
• United Cerebral Palsy (UCP) offers several respite options. UCP has a Saturday Rec-N-Respite program in New Castle County. There are three eight-week sessions, each with a morning or afternoon option of three hours. It is a free program that is open to children with and without disabilities from ages 4 to 21. UCP also offers weekend camp programs at Camp Lenape near Felton. There are different camp sessions for children and adults. In addition, UCP offers in-home respite care for adults as well as emergency respite care. For additional information, visit website.
• Easter Seals has weekend respite programs throughout the year as well as summer camp programs. All programs are held at Camp Fairlee Manor, a 250-acre facility in Chestertown, Maryland. The weekend programs run from Friday night to Sunday afternoon. Some sessions are for youth (ages 6-21) and others are for adults. The summer camp program offers Sunday to Friday sessions for youth and adults. Sessions offer activities like arts and crafts, sports and games, nature walks, swimming, fishing, high/low ropes courses and canoeing. For more information, visit website.
• Division of Developmental Disabilities Services (DDDS): This is part of Delaware’s Department of Health and Social Services. DDDS does not provide respite services itself but it helps clients find respite providers and it pays for up to 120 hours of respite per year. Family members of the individual being cared for can qualify as respite providers and get paid by DDDS. You must be a DDDS client in order to receive this service; clients include adults and children with developmental disabilities. Applications for DDDS services can be downloaded at http://www.state.de.us/dhss/ddds/files/application.pdf.
•  Learn more from a report called “Respite Care in Delaware:  A Critical Need for Change” issued by the Center for Disabilities Studies. Download the pdf

PIC Tip: Talk with other parents and ask about services or supports they find useful.  Contact a support group to connect with other parents.  You may also find it helpful to post a job notice for college students asking for help from students studying in the areas of health, education and recreation.

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