Reviewed by Dr. Elizabeth Long, Ph.D. — Director of Special Education, 32 years in public schools.
In Delaware, the school generally has 45 school days or 90 calendar days, whichever is less from when the school receives your written consent to complete the evaluation and decide whether your child is eligible for special education (under 14 Del. Admin. Code 925-2.3).
What this deadline covers. This deadline covers both the evaluation and the eligibility decision.
Delaware uses whichever limit comes first, and eligibility is decided at a meeting within that window.
Under federal law (20 U.S.C. § 1414(a)(1)(C)) the default is 60 calendar days from the school's receipt of consent, but Delaware's own rule controls where it sets one.
The timeline generally begins when the school receives your signed written consent — write the deadline on your calendar that day so you can tell early and calmly if things slip. Try the deadline calculator →
"Calendar days," "school days," and "business days" differ sharply — school and business days exclude weekends and breaks, so the same number can mean very different real dates. Delaware uses the unit shown above.
A ready-to-send letter that formally requests a special education evaluation and starts the timeline. Just add your details. Enter your email and it's yours.
Every state has a federally funded Parent Training and Information Center that helps families for free. In Delaware, that's Parent Information Center of Delaware. For the official rules, see Delaware's special education office.
Start factually: "Our evaluation was due on [date] based on Delaware's timeline — can you give me an update?" Get the response in writing, and if it keeps slipping without a plan, it's reasonable to involve the special education director and consider a state complaint. Start by assuming it was a scheduling problem, not bad faith.
State special education rules change and are periodically updated. Confirm the current figure with Delaware's Department of Education or your district before relying on any exact date. This is educational information, not legal advice.
Dr. Long's Assistant answers your specific questions in plain language — built from Dr. Long's expertise, plus state and federal law read at the source — never the open internet.
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