Navigating education laws in Delaware can feel overwhelming, especially when you're trying to make sure your child's rights are being respected. The Education Law Team at the Lento Law Firm is here to help families understand what their children are legally entitled to—and to step in when schools fall short.
We work with students across Delaware facing issues like special education support, bullying or harassment, discrimination, and violations of their rights in the classroom. Our goal is to make sure your child gets the fair and supportive learning environment they deserve.
If you're concerned about how your school is handling your child's education, reach out to the Lento Law Firm today. Call 888-535-3686 or book a consultation online to get started.
Special Education & Disability Rights
In Delaware, special education services are governed by both federal and state law, including the Individuals with Disabilities Education Act (IDEA) and Delaware's Administrative Code Title 14, which outlines how public schools must meet the needs of students with disabilities. These laws guarantee that eligible students receive a Free Appropriate Public Education (FAPE), which means they're entitled to individualized instruction and support tailored to their unique educational and developmental needs.
The Delaware Department of Education (DOE) oversees the implementation of special education programs across the state. Local education agencies (LEAs)—like school districts and charter schools—are responsible for making sure services are delivered effectively and in compliance with the law.
Here are a few key protections and rights families should know about:
- Parental Consent: Schools must obtain your consent before conducting an initial evaluation or starting special education services.
- Prior Written Notice: Before making any changes to your child's services or placement, the school must provide a written explanation.
- Independent Educational Evaluations (IEEs): If you disagree with the school's evaluation, you have the right to request an independent assessment, and in many cases, the district must cover the cost.
- Dispute Resolution: Delaware offers options like mediation and due process hearings if you and the school can't agree on what's best for your child.
- Access to Records: You have the right to review your child's educational records at any time.
Delaware follows federal guidelines on the age of eligibility for special education services, which means students with disabilities can continue receiving services until they turn 21 or receive a regular high school diploma—whichever comes first.
It's not always easy to advocate for your child in the school system, but understanding how Delaware's laws work gives you a powerful starting point. When schools don't follow through on these protections, families have options—and you don't have to navigate it alone.
Individualized Education Programs & 504 Plans in Delaware
In Delaware, public schools are required to provide the support students with disabilities need to access a meaningful education. Two of the most important tools used to make that happen are Individualized Education Programs (IEPs) and Section 504 Plans. While they share some similarities, they serve different groups of students and follow different processes.
An IEP is designed for students who qualify under the federal Individuals with Disabilities Education Act (IDEA). These are students with one of 13 specific disability categories who also need specialized instruction. A 504 Plan, on the other hand, comes from Section 504 of the Rehabilitation Act of 1973. It helps students with disabilities who don't qualify for special education but still need accommodations to participate fully in school.
Getting an IEP starts with a referral, which can come from a parent, teacher, or other school personnel. Once the school receives the referral, it must request written parental consent to evaluate the student. After consent is given, the school has 45 school days (a Delaware-specific timeline) to complete the evaluation and determine eligibility.
If the student qualifies, an IEP team—including the parents—will meet to develop a customized education plan. This plan includes academic goals, support services, and accommodations tailored to the student's needs. The IEP must be reviewed at least once a year, and the student must be re-evaluated every three years (or more often if needed).
A 504 Plan offers accommodations (not specialized instruction) for students whose disability affects a major life activity, like learning, reading, or concentrating, but who don't meet IDEA's criteria. The school evaluates whether the student qualifies, often using existing data, classroom observations, and input from parents and staff.
If eligible, the school drafts a 504 Plan that may include accommodations like extended time on tests, modified assignments, or seating changes. Delaware schools are expected to review these plans regularly and adjust them as needed.
Discipline & Expulsions
When your child is facing school discipline in Delaware, it can be incredibly stressful. Whether it's a short-term suspension or a possible expulsion, it's important to understand your rights and the process schools are required to follow.
In Delaware, a short-term suspension lasts no more than ten school days. If a student is being removed for more than ten days, it becomes a long-term suspension or an expulsion. Expulsion means the student is removed from their school for an extended period and may not be allowed to return without meeting specific conditions. Before any expulsion is finalized, the school must hold a formal hearing. Families have the right to be notified in advance, to review the evidence, and to speak on the student's behalf.
For students who receive special education services, additional protections are in place. If a student with an Individualized Education Program or a Section 504 Plan is being considered for a long-term removal, the school must hold a manifestation determination review. This meeting determines whether the behavior was a direct result of the student's disability. If so, the school must take different steps to support the student without interrupting their education.
Delaware data reflects the national concern around unequal discipline practices. Students of color and those with disabilities are more frequently subjected to suspensions and expulsions. These disparities highlight the need for fair treatment and stronger advocacy for vulnerable students.
Harassment & Bullying
Bullying is a serious issue in schools across the country, and Delaware is no exception. It can impact a child's sense of safety, emotional well-being, and ability to learn. Recognizing this, Delaware has clear laws in place to prevent bullying and harassment and to hold schools accountable when incidents occur.
According to Delaware's legal definition of bullying, it includes any intentional written, electronic, verbal, or physical act against another student, school volunteer, or school employee that a reasonable person under the circumstances should know will have the effect of:
- Placing the target in reasonable fear of substantial harm to their emotional or physical well-being or substantial damage to their property;
- Creating a hostile, threatening, humiliating, or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target;
- Interfering with a student having a safe school environment is necessary to facilitate educational performance, opportunities, or benefits;
- Perpetuating bullying by inciting, soliciting, or coercing an individual or group to demean, dehumanize, embarrass, or cause emotional, psychological, or physical harm to another.
This definition also encompasses cyberbullying, which refers to the use of uninvited and unwelcome electronic communication directed at an identifiable student or group of students that interferes with a student's physical well-being, is threatening or intimidating, or is so severe, persistent, or pervasive that it is reasonably likely to limit a student's ability to participate in or benefit from the educational programs of the school district or charter school. Notably, the origin of the communication, whether on or off school property, does not exempt it from being considered cyberbullying under Delaware law.
Discrimination in Delaware Schools
Discrimination has no place in Delaware's schools, yet it still happens—often in ways that are difficult for students and families to navigate alone. Whether it's based on race, disability, gender identity, or another protected category, any form of unequal treatment in an educational setting can impact a student's ability to learn, feel safe, and thrive.
Delaware schools are legally required to provide a learning environment free from discrimination. Both state and federal laws protect students from unfair treatment, and when schools fall short, families have the right to take action.
Types of discrimination that may impact Delaware students include:
- Racial Discrimination: Students of color may face unequal discipline, biased treatment from staff, or racially hostile environments. These experiences can be subtle or overt, but both are harmful and illegal under Title VI of the Civil Rights Act of 1964.
- Disability Discrimination: Students with disabilities are protected under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Delaware law mirrors these protections and requires schools to provide reasonable accommodations and equal access to education. Denying services or treating students differently because of their disability is a form of discrimination.
- Gender Identity and Sexual Orientation Discrimination: Delaware law specifically includes protections for students on the basis of sexual orientation and gender identity. In fact, Delaware was one of the earlier states that added these protections to its anti-discrimination law, which applies to public schools. Title IX of the Education Amendments of 1972 also prohibits sex-based discrimination in schools receiving federal funding.
Delaware's main anti-discrimination law is the Delaware Equal Accommodations Law, which prohibits discrimination based on race, color, creed, sex, sexual orientation, gender identity, disability, and other characteristics in places of public accommodation—including schools.
Student Rights and Free Speech in Delaware Schools
Students in Delaware do not leave their constitutional rights at the schoolhouse door. The First Amendment protects students' rights to express themselves, but schools also have a responsibility to maintain a safe and orderly learning environment. That means there is a careful balance between free speech and school policy, and it isn't always easy to find the line between the two.
Under federal law, students have the right to express their opinions at school as long as that expression does not cause a material and substantial disruption. Delaware schools follow this precedent, allowing students to speak, write, or demonstrate, but they can intervene if the activity threatens student safety, disrupts instruction, or violates school policies in a clear and justified way.
In recent years, issues around student speech have become increasingly complex. Social media, political protests, and cultural debates over topics like race, gender identity, and religion have all played out within Delaware's school systems. While many schools have taken steps to protect students' rights and foster inclusive environments, others have faced criticism for overreaching or failing to support students who speak up.
Understanding the boundaries of free speech at school is important not only for students but also for families who want to ensure their children can speak their minds without being unfairly disciplined. If a Delaware school has censored, punished, or failed to protect your child for expressing their beliefs, it may be time to seek legal guidance to make sure their rights are upheld.
How the Lento Law Firm's Education Law Team Helps Families in Delaware
When your child's education is at stake, navigating school policies and state regulations can quickly become overwhelming. Whether your family is facing challenges with special education services, unfair disciplinary actions, or discrimination in a Delaware school, the Lento Law Firm's Education Law Team is here to help.
Our team understands the complexities of both federal and Delaware education laws, including the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, Title IX, and the Delaware Code. We work closely with families to ensure their children's rights are respected—and that schools are held accountable when they fail to provide appropriate services or environments.
If your child needs an IEP or 504 Plan, is being denied accommodations, or is facing suspension or expulsion, our attorneys can guide you through the process. We attend school meetings, advocate directly with districts, and represent families in due process hearings or appeals when necessary. We also support students facing bullying, harassment, or unequal treatment based on race, gender identity, or disability.
At the Lento Law Firm, we believe every student in Delaware deserves a fair, inclusive, and legally compliant education. Our experienced attorneys are committed to making sure your child receives the support they need to thrive.
Call us today at 888-535-3686 or schedule a consultation online to find out how we can help your family.
