INDIVIDUALIZED EDUCATION PROGRAM (IEP) - Regulations

5. Set forth requirements for IEPs when children with disabilities transfer from one public agency to another.

If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide a free appropriate public education (FAPE) to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either:
  • Adopts the child’s IEP from the previous public agency; or
  • Develops, adopts, and implements a new IEP that meets the applicable requirements in 34 CFR 300.320 through 300.324.
[34 CFR 300.323(e)] [20 U.S.C. 1414(d)(2)(C)(i)(I)]

If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency:
  • Conducts an evaluation pursuant to 34 CFR 300.304 through 300.306 (if determined to be necessary by the new public agency); and
  • Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in 34 CFR 300.320 through 300.324.
[34 CFR 300.323(f)] [20 U.S.C. 1414(d)(2)(C)(i)(II)]

To facilitate the transition for a child described in 34 CFR 300.323(e) and (f):
  • The new public agency in which the child enrolls must 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 public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2) [Family Educational Rights and Privacy Act regulations regarding conditions under which prior consent is not required to disclose information]; and
  • The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency.
[34 CFR 300.323(g)] [20 U.S.C. 1414(d)(2)(C)(ii)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. What questions might youth, families, and districts have about providing a free appropriate public education (FAPE) and comparable services in the transition to a new school within the same school year?


  2. In your opinion, why does this provision require FAPE with comparable services prior to adopting the current IEP or developing a new one?


  3. Who is responsible for IEPs of students transferring in or out of your LEA? How do others receive or access information when a student with an IEP transfers into the district?


  4. What would you consider to be reasonable steps to obtain the child’s record from a previous public agency?


  5. What would you consider to be reasonable steps to promptly respond to the request for the child’s record from a previous public agency?


Application Questions

  1. In order to ensure a free appropriate public education (FAPE), what policies and procedures need to be put in place, with regard to comparable services, when a student with a current IEP transfers from district to district within the same state? Or transfers from a district outside of the state?


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


  3. Considering the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability & Accountability Act (HIPAA) regulations, what policies may be put in place with regard to release of school records and special education records to a requesting school?

    These questions were developed by the following stakeholders working together:

    Role: Family Member
    Location: Arizona

    Role: Special Education Administrator
    Location: California

    Role: Teacher
    Location: Colorado

    Role: Educational Consultant
    Location: Florida

    Role: Special Education Administrator
    Location: Georgia

    Role: Higher Education
    Location: Indiana

    Role: General Education Administrator
    Location: Illinois

    Role: Teacher
    Location: South Carolina

    Role: Family Member
    Location: Wisconsin