Del. C. » Title 14 — Free Public Schools · CHAPTER 31. Exceptional Children · Education
Delaware Code

14 Del. C. § 3122 (2026)

Identification and reporting of child with a disability

✓ current as of May 2026
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(a) Except as noted in subsection (b) of this section regarding parentally-placed private school children, each school district shall be required to identify, locate and evaluate, or reevaluate, any children with disabilities residing within the confines of that school district, including children with disabilities who are homeless children or wards of the State, regardless of the severity of the disability, and who are in need of special education and related services.

(b) Each school district, excluding vocational school districts, shall be required to identify, locate and evaluate, or reevaluate, any children with disabilities who are enrolled by their parents in private schools located within the confines of that school district, regardless of the severity of the disability, and who are in need of special education and related services.

42 Del. Laws, c. 125, §  1;  14 Del. C. 1953, §  3105;  51 Del. Laws, c. 287, §  2;  61 Del. Laws, c. 190, §  7;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 180, §§  148A, 150;  77 Del. Laws, c. 424, §  14;  78 Del. Laws, c. 397, §  1; 
Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Bd. of Educ. of Appoquinimink Sch. v. Johnson, 543 F. Supp. 2d 351 (D. Del. 2008).
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Bd. of Educ. of Appoquinimink Sch. v. Johnson, 543 F. Supp. 2d 351 (D. Del. 2008). “In the Court’s view, however, a full reading of the Panel’s decision demonstrates that its holding rests on the provisions of the IDEA, and state law is mentioned only collaterally and in the context of concluding that state law is not contrary to the Panel’s position. Indeed,…”
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