INDIVIDUALIZED EDUCATION PROGRAM (IEP) TEAM MEETINGS AND CHANGES TO THE IEP - Regulations

10. Address transmittal of records for students who transfer.

To facilitate the transition for a child described in 34 CFR 300.323(e) and (f) (who transfers within the State or from another State), 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 Education Rights and Privacy Act (FERPA)) 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. Are there any local considerations or procedures that may facilitate or hinder timely access or transmittal of records?


  2. 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?


  3. What other agencies, situations, or persons might impact timely access to or transmittal of records?


Application Questions

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


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


  3. How might your system overcome the hindrances to timely access or transmittal of records that you have identified?

    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: Service Provider
    Location: Kentucky

    Role: Teacher
    Location: South Carolina

    Role: Family Member
    Location: West Virginia

    Role: Family Member
    Location: Wisconsin