New Student? New Rules

Kendra Yoch, Taylor Montgomery,

August 28, 2023

in: IEPs

When a student transfers to the district during the school year with an IEP, the IDEA provides rules for providing services to the student. If a student moves during the summer, the IDEA is silent, other than the general rule that an IEP must be in effect for all eligible students on the first day of school. The Texas regulations provide timelines to adopt or create a new IEP for transfer students, and revised regulations in effect starting this school year provide additional details and shorten some of those timelines. The requirements can seem a bit confusing because they vary depending on whether the student is transferring intrastate or interstate and during the school year or summer. We have summarized the requirements for you in the chart below.  

Mid-year Transfer 
Within Texas  

  1. Take reasonable steps to promptly obtain the student’s records from the prior district. 
  2. Verify special education services. 
  3. Provide comparable services. 
  4. Within 20 school days of receipt of the current IEP: 
  5. Adopt the IEP from the prior district, or 
  6. Develop, adopt, and implement a new IEP. 

 

 Out of State  

  1. Take reasonable steps to promptly obtain the student’s records from the prior district. 
  2. Verify special education services.  
  3. Provide comparable services. 
  4. Determine if an evaluation is necessary.  
  5. If an evaluation is necessary, complete the evaluation within 45 school days of parental consent, and meet and develop an IEP within 30 calendar days of completion of the evaluation, or  
  6. If an evaluation is not needed, within 20 school days of receipt of the current IEP, develop, adopt, and implement a new IEP. 
Summer 
Within Texas or Out of State  

  1. Take reasonable steps to promptly obtain the student’s records from the prior district. 
  2. Verify special education services prior to the first day of school. 
  3. Implement the IEP from the prior district on the first day of school, or 
  4. If the district wants to convene an ARD meeting to consider revising the student’s IEP before the beginning of the school year, determine whether the parent will waive the 5 school days’ notice of meeting, and if the parent agrees to shorter notice and the meeting time, make every reasonable effort to hold the meeting prior to the first day of school.  
  5. If services cannot be verified prior to the first day of school, treat the student as a transfer student, as explained above. 

The revised regulations provide that to verify a student’s special education services means to receive a copy of the student’s current IEP that was in effect in the previous district—from the parent or from the prior district. To provide comparable services, district personnel, in consultation with the parent, must provide services that are similar or equivalent to those provided in the student’s prior district. Additionally, if the district has been informed by the prior district of the student’s special education and related services, the district must consult with the parent and provide comparable services while waiting to receive the IEP. 

As attorneys, we love documentation. If the district decides to adopt the prior district’s IEP, document that decision. When the district consults with the parent about comparable services, document that discussion and decisions. And as always, ensure that staff who will be responsible for implementing comparable services or a new IEP have a copy of the IEP and document the services provided and student’s progress–even during the transition period.   

Please reach out to our team with any questions about transfer students or other special education issues.  

#IDEA #IEP #Transfer Students