IDEA Section 618 · 2023–24
Delaware: how often the special-education deadlines are met
In 2023–24, every state-complaint decision Delaware issued came within the 60-day limit or an extension it granted.
State complaints decided within 60 days
91.7%
Due process decisions within 45 days
0%
State complaints filed per 10,000 students served
5.6
Due process complaints per 10,000
8.0
Nationally in 2023–24: 81.0% of state complaints and 24.8% of due process decisions were on time; 12.6 state complaints and 49.6 due process complaints were filed per 10,000 students served.
2023–24 in full
What Delaware reported to the Department for the school year, and the national total beside it. Every row names the item number in the Department's file.
| Figure | Item | Delaware | National |
|---|---|---|---|
| Children ages 3–21 served under IDEA Part B | child count | 28,687 | 7,892,433 |
| State complaints filed | 1 | 16 | 9,927 |
| Complaint reports issued | 1.1 | 12 | 5,894 |
| Reports with findings | 1.1a | 6 | 3,696 |
| Reports within the 60-day timeline | 1.1b | 11 | 4,775 |
| Reports within an extended timeline | 1.1c | 1 | 354 |
| Reports later than any timeline | 1.1 − 1.1b − 1.1c | 0 | 765 |
| Mediations held | 2.1 | 12 | 7,085 |
| Mediation agreements reached | 2.1ai + 2.1bi | 9 | 3,555 |
| Share of mediations ending in agreement | (2.1ai + 2.1bi) ÷ 2.1 | 75.0% | 50.2% |
| Due process complaints filed | 3 | 23 | 39,151 |
| Hearings fully adjudicated | 3.2 | 1 | 8,621 |
| Decisions within the 45-day timeline | 3.2a | 0 | 2,137 |
| Decisions within an extended timeline | 3.2b | 1 | 4,697 |
| Decisions later than any timeline | 3.2 − 3.2a − 3.2b | 0 | 1,787 |
| Expedited due process complaints filed | 4 | 3 | 618 |
| Expedited hearings fully adjudicated | 4.2 | 0 | 68 |
Source: U.S. Department of Education, Office of Special Education Programs, IDEA Section 618 state-level data files (data.ed.gov), “IDEA Part B Dispute Resolution,” 2023–24 (the file, extracted 2024-11-13); child count from the 2023–24 Part B Child Count file (extracted 2024-07-31).
Every year since 2013–14
A state with few filings can swing from one year to the next: one late decision out of four moves the share by 25 points. Read the counts with the rates.
| School year | Complaints filed | Reports issued | Within 60 days | With extensions | Due process filed | Hearings | Within 45 days | With extensions | Mediations held | Agreement | Students served | Complaints / 10k | Due process / 10k |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 2023–24 | 16 | 12 | 91.7% | 100% | 23 | 1 | 0% | 100% | 12 | 75.0% | 28,687 | 5.6 | 8.0 |
| 2022–23 | 11 | 7 | 100% | 100% | 28 | 5 | 20.0% | 100% | 9 | 22.2% | 27,502 | 4.0 | 10.2 |
| 2021–22 | 8 | 8 | 87.5% | 100% | 24 | 3 | 33.3% | 100% | 10 | 60.0% | 26,355 | 3.0 | 9.1 |
| 2020–21 | 6 | 4 | 100% | 100% | 12 | 1 | 0% | 100% | 4 | 50.0% | 24,672 | 2.4 | 4.9 |
| 2019–20 | 12 | 10 | 80.0% | 100% | 11 | 0 | — | — | 5 | 80.0% | 26,060 | 4.6 | 4.2 |
| 2018–19 | 9 | 9 | 100% | 100% | 10 | 0 | — | — | 9 | 77.8% | 24,382 | 3.7 | 4.1 |
| 2017–18 | 8 | 5 | 100% | 100% | 11 | 2 | 50.0% | 100% | 9 | 88.9% | 23,196 | 3.4 | 4.7 |
| 2016–17 | 11 | 8 | 87.5% | 100% | 12 | 1 | 0% | 0% | 6 | 50.0% | 21,581 | 5.1 | 5.6 |
| 2015–16 | 15 | 8 | 75.0% | 100% | 33 | 6 | 33.3% | 100% | 13 | 76.9% | 20,742 | 7.2 | 15.9 |
| 2014–15 | 7 | 3 | 100% | 100% | 19 | 0 | — | — | 11 | 90.9% | 19,889 | 3.5 | 9.6 |
| 2013–14 | 12 | 7 | 85.7% | 100% | 19 | 0 | — | — | 8 | 62.5% | 18,717 | 6.4 | 10.2 |
Markers are the Department's own: - data not available; * data suppressed for data quality; + not applicable; x data suppressed due to small cell size. A dash with no marker means the figure cannot be computed (no reports issued, or a count the Department suppressed). Each year's source file is listed in the methodology below.
Delaware's evaluation deadline
Delaware sets its own initial-evaluation timeline: 45 school days from parental consent (14 Del. Admin. Code § 925.2.3). The regulation actually sets a dual cap: "45 school days or 90 calendar days, whichever is less." 45 school days binds in the large majority of real cases, but a consent given right before an extended break can make the 90-calendar-day cap the binding figure instead. Read 14 Del. Admin. Code § 925.2.3.
Count your own 60 days and draft the letter, or the dispute letter that opens the state complaint, mediation and due process tracks these figures count.
OSEP's determination for Delaware
Each June the Office of Special Education Programs tells every state whether it meets the requirements of IDEA Part B. That is OSEP's word, not ours: OSEP's annual determination for Delaware.
Who Delaware serves, and where
In 2024–25, 65% of Delaware's school-age students with an IEP spent 80% or more of the day in a regular class. Nationally it was 68%.
School-age students served, 2024–25
26,341
Ages 3 to 5 served
2,902
In a regular class 80%+ of the day
64.6%
Where school-age students are served
| Setting | Students | Share | National |
|---|---|---|---|
| Regular class 80% or more of the day | 17,029 | 64.6% | 68.1% |
| Regular class 40% to 79% of the day | 4,086 | 15.5% | 14.8% |
| Regular class less than 40% of the day | 3,940 | 15.0% | 12.5% |
| Separate school | 1,011 | 3.8% | 2.3% |
| Residential facility | 36 | 0.1% | 0.1% |
| Homebound or hospital | 160 | 0.6% | 0.3% |
| Correctional facility | 30 | 0.1% | 0.1% |
| Parentally placed in a private school | 49 | 0.2% | 1.7% |
School-age students by disability category
| Category | Students | Share | National |
|---|---|---|---|
| Autism | 3,949 | 15.0% | 14.6% |
| Deaf-blindness | 48 | 0.2% | 0.0% |
| Developmental delay | 1,959 | 7.4% | 4.3% |
| Emotional disturbance | 1,051 | 4.0% | 4.1% |
| Hearing impairment | 253 | 1.0% | 0.8% |
| Intellectual disability | 1,491 | 5.7% | 5.5% |
| Multiple disabilities | - | - | 2.1% |
| Orthopedic impairment | 154 | 0.6% | 0.3% |
| Other health impairment | 3,903 | 14.8% | 16.3% |
| Specific learning disability | 10,962 | 41.6% | 33.2% |
| Speech or language impairment | 2,409 | 9.1% | 17.3% |
| Traumatic brain injury | 97 | 0.4% | 0.3% |
| Visual impairment | 65 | 0.2% | 0.3% |
A dash with no marker means the state does not use that category. From 2020–21 the national category shares exclude any state whose category figures the Department suppressed that year.
Children ages 3 to 5
| Setting | Children | Share | National |
|---|---|---|---|
| Regular early childhood program, 10+ hours a week | 1,183 | 40.8% | 39.6% |
| Regular early childhood program, under 10 hours | 27 | 0.9% | 4.8% |
| Regular program 10+ hours, services elsewhere | 295 | 10.2% | 12.5% |
| Regular program under 10 hours, services elsewhere | 25 | 0.9% | 3.7% |
| Separate class | 1,201 | 41.4% | 26.9% |
| Separate school | 78 | 2.7% | 2.2% |
| Residential facility | 0 | 0% | 0.0% |
| Home | 8 | 0.3% | 2.4% |
| Service provider location | 85 | 2.9% | 7.9% |
Every year since 2014–15
| School year | Served, ages 3–21 | School age | Regular class 80%+ | Specific learning disability | Speech or language | Autism |
|---|---|---|---|---|---|---|
| 2024–25 | 29,243 | 26,341 | 64.6% | 41.6% | 9.1% | 15.0% |
| 2023–24 | 28,687 | 26,056 | 65.1% | 41.8% | 9.8% | 13.6% |
| 2022–23 | 27,502 | 25,141 | 64.9% | 42.9% | 10.1% | 12.2% |
| 2021–22 | 26,355 | 24,217 | 64.9% | 43.8% | 9.9% | 11.1% |
| 2020–21 | 24,672 | 22,588 | 64.5% | 43.9% | 9.4% | 10.3% |
| 2019–20 | 26,060 | 22,797 | 64.2% | 46.7% | 8.9% | 9.4% |
| 2018–19 | 24,382 | 21,581 | 65.0% | 47.2% | 8.8% | 9.0% |
| 2017–18 | 23,196 | 20,580 | 65.7% | 47.7% | 8.5% | 8.6% |
| 2016–17 | 21,581 | 19,137 | 65.7% | 48.5% | 8.7% | 7.9% |
| 2015–16 | 20,742 | 18,712 | 66.3% | 48.8% | 9.1% | 7.7% |
| 2014–15 | 19,889 | 17,839 | 67.7% | 49.5% | 9.3% | 7.0% |
Source: U.S. Department of Education, Office of Special Education Programs, “IDEA Part B Child Count and Educational Environments,” 2024–25 (the file, extracted 2025-07-30). Shares are each count ÷ the age group's “All Disabilities” total. “Regular class 80% or more of the day” is the Department's reporting bucket under the placement rules (34 CFR §300.114–§300.116), not a judgement about any child's placement. From 2019–20 each five-year-old is counted in either group, so the school-age count steps up that year and only the ages 3–21 total is comparable across it.
How these figures are calculated
Last reviewed: October 2026. Snapshot built 2026-10-26.
- Within 60 days = reports within timeline (item 1.1b) ÷ reports issued (1.1). A state complaint must be decided within 60 days of filing unless the state extends the time for exceptional circumstances or the parties agree to extend it for mediation (34 CFR §300.152). With extensions adds reports within an extended timeline (1.1c). The remainder came later than any timeline.
- Within 45 days = decisions within timeline (3.2a) ÷ hearings fully adjudicated (3.2). A due process decision is due 45 days after the 30-day resolution period ends, unless the hearing officer grants a specific extension (34 CFR §300.515; §300.510). Which decisions fall inside “extended” is the Department's classification, not ours.
- Per 10,000 students served = complaints filed ÷ children ages 3–21 served under IDEA Part B × 10,000, both from the same school year. The child count is the early-childhood total plus the school-age total on the Department's “All Disabilities” rows; from 2019–20 each five-year-old is counted in one group or the other, and only the sum is comparable across years.
- Agreement = mediation agreements (2.1ai + 2.1bi) ÷ mediations held (2.1).
- Who is served, and where: counts from the Department's Part B Child Count and Educational Environments file, from 2014–15 (the first year with today's category and setting names). A category or a setting is reported per age group (ages 3–5, and school age), never across ages 3–21, so the two groups are two tables. Shares are count ÷ that group's “All Disabilities” total.
- Nothing is adjusted, estimated or ranked. A suppressed or unavailable count is shown with the Department's marker and no rate is computed across it. The national row is the Department's own “US, Outlying Areas, and Freely Associated States” total.
Source files
- 2023–24: dispute resolution (XLSX, extracted 2024-11-13); child count (extracted 2024-07-31)
- 2022–23: dispute resolution (CSV, extracted 2023-11-15); child count (extracted 2023-08-30)
- 2021–22: dispute resolution (CSV, extracted 2023-05-24); child count (extracted 2022-07-06)
- 2020–21: dispute resolution (CSV, extracted 2022-05-25); child count (extracted 2021-07-07)
- 2019–20: dispute resolution (CSV, extracted 2021-05-26); child count (extracted 2020-07-08)
- 2018–19: dispute resolution (CSV, extracted 2020-05-27); child count (extracted 2019-07-10)
- 2017–18: dispute resolution (CSV, extracted 2019-05-29); child count (extracted 2018-07-11)
- 2016–17: dispute resolution (CSV, extracted 2018-05-30); child count (extracted 2017-07-12)
- 2015–16: dispute resolution (CSV, extracted 2017-05-31); child count (extracted 2016-07-14)
- 2014–15: dispute resolution (CSV, extracted 2016-06-06); child count (extracted 2015-07-02)
- 2013–14: dispute resolution (CSV, extracted 2015-06-04); child count (extracted 2014-07-03)
Informational only, not legal advice. These are the counts each state reported to the U.S. Department of Education under IDEA Section 618; they describe a state's record, not any district or any case. Whether a state meets IDEA's requirements is OSEP's determination to make, linked above.
Related tools
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