Delaware Administrative Code
Title 14 - Education
900 - Special Populations
923 - Children with Disabilities Subpart B General Duties and Eligibility of Agencies
Section 923-9.0 - Full Educational Opportunity ; Length of School Day; Compulsory School Attendance

Universal Citation: 14 DE Admin Code 923-9.0

Current through Register Vol. 28, No. 3, September 1, 2024

9.1 Full educational opportunity: Each public agency shall ensure full educational opportunity is offered to its eligible children with disabilities.

9.2 Length of school day: The minimum length of the instructional school day for a child with a disability in Kindergarten through grade 12 shall be the same as it is for non-disabled children in those grades. The minimum length of the school day for disabled pre kindergarten children shall approximate that of non-disabled pre-Kindergarten children, except in a program for the hearing impaired in which the parent is involved in the educational program. In such a program, the school and the parent together shall determine the schedule for at least 5 hours per week of instruction.

9.2.1 Provision of fewer hours of instructional time than required by these regulations is authorized only in unusual circumstances where a child is medically unable to endure the required length of school day, and then only by decision of the IEP team after disclosure of the above standards to the child's parents, guardian, or Relative Caregiver.

9.3 Compulsory school attendance: Compulsory school attendance requirements shall be in accordance with 14 Del.C. § 2702 and §705, and shall apply to children with disabilities between the ages of 5 and 16. Attendance of children with disabilities under or over the compulsory school attendance age range, as provided in 14 Del.C. § 2702, shall be determined by the IEP team and subject to the eligibility criteria and procedural safeguards provided in these regulations.

(Authority: 20 U.S.C. 1412(a)(2); 14 Del.C. § 3110)

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.