(a) The Department of Education is designated as the state agency that, with the approval of the State Board, shall make rules and regulations to carry out this and other titles relative to the identification, evaluation, education, training and transportation of exceptional children including specific definitions for the categories of units for exceptional children authorized for funding in § 1703 of this title.
(b) The rules promulgated by the Department of Education with the approval of the State Board of Education shall provide the criteria by which identified children with disabilities, as defined in § 3101 of this title, shall be assigned to a public school facility, or, if otherwise eligible for admission, to an institution of another state agency, or released for authorized placement in a private school or agency, pursuant to subchapter III of this chapter.
(c) The Department of Education, with the approval of the State Board of Education, shall establish and maintain procedures, by regulation, to assure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free, appropriate, public education.
(d) The Department of Education shall promulgate regulations that provide that when a due process hearing is requested by a parent or guardian of a child with disabilities a notice of such request shall be provided to members of the school board for the appropriate school district at the next scheduled school board meeting. Additionally, the regulations shall provide that upon notification of a due process hearing request, a school board president must sign a statement stating that the members of the board of education are aware of said due process hearing. The statement shall be sent by certified mail to the parents or guardian.
Furthermore, the regulations will provide that upon conclusion of a due process hearing a copy of the decision shall be sent to members of the school board for the appropriate district and a signed certified letter shall be sent to the parents notifying them that the members of the school board are aware of the decision. The regulations shall also provide that if the parents or guardian of the child appeal the decision of a due process hearing then the members of the school board for the appropriate school district shall be notified of the appeal at the next regularly scheduled board of education meeting. A certified letter, signed by the president of the board receiving the appeal, shall be sent to the parents notifying the parents that members of the school board are aware of the appeal. Lastly, the regulations shall provide that before a school district can appeal the decision of a due process hearing, a majority of the members of the school board for such district must by affirmative vote decide to appeal.
(e) With respect to any child with a disability who is not beginning to read by age 7, each IEP prepared for such student until that student is beginning to read shall:
(1) Enumerate the specific, evidence-based interventions that are being provided to that student to address the student's inability to read; and
(2) Provide for evidence-based interventions through extended year services during the summer absent a specific explanation in the IEP as to why such services are inappropriate.
Structure Delaware Code