• Home
INDIVIDUALIZED EDUCATION PROGRAM (IEP) - Statute

6. Adds requirements for children with disabilities transferring school districts within a state and between states.
Within-state transfers: 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 the same state, the local education agency (LEA) shall provide such child with a free appropriate public education (FAPE), including services comparable to those described in the previously held IEP, in consultation with the parents, until such time as the LEA adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with federal and state law. [614(d)(2)(C)(i)(I)]

Between-state transfers: 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 new LEA must provide such child with FAPE, including services comparable to those described in the previously held IEP, in consultation with the parents, until such time as the LEA conducts an evaluation pursuant to IDEA requirements at Section 614(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. [614(d)(2)(C)(i)(II)]

Transmittal of records: To facilitate the transition for a child described above, the new school in which the child enrolls shall take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous school in which the child was enrolled, pursuant to 34 CFR Section 99.31(a)(2); and the previous school in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new school. [614(d)(2)(C)(ii)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. What concerns might arise between districts when a student transfers from one district to another?


  2. What concerns might arise between states when a student transfers from one state to another?


  3. What concerns might youth and families have as they transition to a new school?


Application Questions

  1. What policies and procedures would assist a “seamless” transition between districts?


  2. What policies and procedures would assist a “seamless” transition between states?


  3. What type of communication system would be helpful among states and districts who receive new students?


  4. How might the receiving district best inform parents of the procedures necessary to adopt an out of state or out of district IEP according to the receiving district guidelines?


  5. What are the procedures for obtaining informed consent, if an evaluation is necessary?


  6. How might schools ensure the IEP is in place in a timely manner?


    These questions were developed by the following stakeholders working together:


    Role: Early Childhood Professional & Advocate
    Location: Maryland
    Role: Higher Education
    Location: South Carolina
    Role: Related Services Provider
    Location: New Jersey
    Role: Parent Training & Information Professional
    Location: California
    Role: Parent
    Location: New Mexico