Navigating Public School Transfers for Children with IEPs

A blog for families

Children may move between public schools during their school career. School transfers can happen within the same school district or to another school district in the same state or in a different state.

When transferring schools, children with disabilities who have an Individualized Education Program (IEP) are entitled to a free appropriate public education (FAPE) with services comparable, or similar, to those within their current IEP. This means they should receive similar services to what they were getting at their previous public school when they transfer to another public school.

In-State Transfers:

• What does the Individuals with Disabilities Education Act (IDEA) say?

  • According to Section 1414 (d)(2)(C)(i)(I) of the IDEA, “In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP in effect in the same State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law.”

• What does this mean?

  • For the Evaluation: If your child's most recent special education evaluation is still current, then there is no need for a new special education evaluation unless you and the district agree one is necessary.
    

  • For the IEP: The new school may implement the previous school’s IEP as written without doing anything further. This means that your child’s entire IEP is adopted and implemented as written by the new school. If your child’s new school decides to write a new IEP, you will be invited to attend a meeting and participate in the development of a new IEP that is comparable in services. If the new district proposes to write a new IEP, then your child’s previous IEP will be implemented until the new IEP is developed, adopted, and implemented.
    

Out-of-State Transfers:

• What does the Individuals with Disabilities Education Act (IDEA) say?

  • According to Section 1414 (d)(2)(C)(i)(II) of the IDEA, “In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another State, the local educational agency shall provide such child with free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency conducts an evaluation pursuant to subsection (a)(1), if determined to be necessary by such agency, and develops a new IEP, if appropriate, that is consistent with Federal and State law.”
    
    

• What does this mean?

  • For the Evaluation: Each state has their own requirements for special education eligibility. A new special education evaluation for your child may be needed since they are transferring to a different state. If your child needs a new special education evaluation, then their previous IEP will be implemented until the new evaluation is completed and a new IEP is developed and implemented if they qualify for special education services under the new state’s eligibility requirements.
    

  • For the IEP: If your child does not need a new evaluation, then the new school may implement the previous school’s IEP as written without doing anything further. This means that your child’s entire IEP is adopted and implemented as written by the new school. If your child’s new school decides to write a new IEP, you will be invited to attend a meeting and participate in the development of a new IEP that is comparable in services. If the new school proposes to write a new IEP, then your child’s previous IEP will be implemented until the new IEP is developed, adopted, and implemented.

Typically, school districts have an evaluation and IEP transfer process. Regardless of the district’s process, families will receive written communication from the district in the form of a Prior Written Notice documenting the transfer of your child’s special education records.

Here are some tips to help create a smoother transfer process between public schools:

• Contact the new school to inform them your child will be transferring and has active special education records.

• Obtain copies of all your child’s special education records. Do this by contacting your district’s special education department. Copies of all special education records will be provided to you at no cost. Allow the district some time to prepare these records for you. We created a free records request template to help you when making this type of request.

• Families need to inform the new school that their child receives special education services. Families are not required to provide records but may do if they wish.

• Check-in with the new and previous school to ensure special education records were requested, sent, and received in a timely manner (i.e., 2 weeks).

• Families have the right to request an IEP Team meeting with the new school if they wish.

• Share your child’s one-page “About Me” with their new school team.

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References:
U.S. Department of Education. “Individuals with Disabilities Education Act.” Individuals with Disabilities Education Act, 2004, sites.ed.gov/idea/statute-chapter-33/subchapter-ii/1414. Accessed 25 May 2024.

Blog Photo Credit: Hillary
Photo Location: Alpine Lakes Wilderness