New Student? New Rules
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.
|Out of State
|Within Texas or Out of State
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.