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HB11 • 2025

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION RECORDS.

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION RECORDS.

Children Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
K. Williams
Last action
2025-04-14
Official status
Signed 4/14/25
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details about when the bill will become effective.

Special Education Records Law Update

This act updates Delaware's special education laws to align with federal rules and allows parents or their representatives to access and copy students' special education records.

What This Bill Does

  • Updates state law about special education records to follow the Individuals with Disabilities Education Act (IDEA) and its implementing regulations.
  • Clarifies that a parent’s representative may obtain copies of a student’s special education records.

Who It Names or Affects

  • Parents of children with disabilities
  • School districts and state agencies handling special education

Terms To Know

Individuals with Disabilities Education Act (IDEA)
A federal law setting rules for how schools must help students with disabilities.

Limits and Unknowns

  • The bill does not specify when it will become effective.
  • It only changes the state's special education record laws and does not cover other aspects of special education.

Bill History

  1. 2025-04-14 Delaware General Assembly

    Signed by Governor

  2. 2025-03-26 Delaware General Assembly

    Passed By Senate. Votes: 21 YES

  3. 2025-03-19 Delaware General Assembly

    Reported Out of Committee (Education) in Senate with 5 On Its Merits

  4. 2025-03-13 Delaware General Assembly

    Passed By House. Votes: 35 YES 6 ABSENT

  5. 2025-03-13 Delaware General Assembly

    Assigned to Education Committee in Senate

  6. 2025-01-29 Delaware General Assembly

    Reported Out of Committee (Education) in House with 1 Favorable, 14 On Its Merits

  7. 2025-01-21 Delaware General Assembly

    Introduced and Assigned to Education Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION RECORDS.
This Act aligns state special education law with the Individuals with Disabilities Education Act, and its implementing regulations, and also clarifies that a parent’s representative may obtain copies of a student’s special education records.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Sturgeon

Reps. Burns, Lambert, Neal, Romer, Bush, Chukwuocha, S. Moore; Sens. Hansen, Hoffner, Walsh, Lockman

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 11

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SPECIAL EDUCATION RECORDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3130, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3130. Opportunity to examine records and educational program.

(a) The parents of a child with a disability, either personally or through a representative, shall be afforded an opportunity to inspect and review all

relevant

records with respect to:

(1) The identification, evaluation and educational program and placement of the child; and

(2) The provision of a free, appropriate, public education to the child.

(b) The

parents

parents, either personally or through a representative,

shall have the right to obtain copies of all records, except the actual evaluation or examination instrument, described in subsection (a) of this section either without charge, or, at the discretion of the district or state agency, at a fee not to exceed actual cost. Under no circumstances shall a fee be assessed which effectively prevents parents from exercising their right to inspect, review and copy records.

(c) The parents of a child with a disability shall have the right to visit and observe, either personally or through a representative, their child’s current or proposed public educational program.

SYNOPSIS

This Act aligns state special education law with the Individuals with Disabilities Education Act, and its implementing regulations, and also clarifies that a parent’s representative may obtain copies of a student’s special education records.