How should you respond if the school says: “Since your child just moved here, there is no reason to review the IEP. We will just transfer the old goals to our new forms.”  Chuck Noe, Partners Resource Network’s Education Specialist, shares possible options in this post from the Comments that Parents Hear series.

The regulations differentiate between a student who has transferred within the state and one who transferred from another state.

If the student came from another school within the same state, the new school “in consultation with the parents” must provide FAPE (Free Appropriate Public Education) 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 (1) Adopts the child’s IEP from the previous public agency; or (2) Develops, adopts, and implements a new IEP that meets the applicable requirements in 300.320 through 300.324.” 300.323(e)

If the student came from a school in another state, the new school “(in consultation with the parents) must provide 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 (1) Conducts an evaluation….(if determined to be necessary by the new public agency); and (2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in 300.320 through 300.324”. 300.323(f)

Chuck’s Response

The school may adopt the IEP from the previous school.  However, it is important that the new school and the parents are in agreement about what the IEP says.  It is also important to determine that the new school can meet the IEP goals and provide services comparable to those described in the IEP from the previous school.  Without reviewing the IEP, these issues cannot be addressed.  In addition, it decreases the opportunity for the parents to ask questions, express concerns, or request additional services.

Parents should ask lots of questions and ask for clarification.  It is common for schools within the same state to use the same term to mean different things or call something a different name than the previous district.  For example, how related services are provided differs between Texas schools, but also in other states.

Parents should be aware of the regulations regarding transfers that address the school’s responsibilities and options.  Parents should not allow the school to delay beginning services.  If the student comes with an IEP,  then an IEP must be developed or implement for them upon enrollment.  The school cannot say they will observe the student to see how they will do, implement response to intervention (RTI) activities in place of an IEP, or tell the parents to keep the child home a few days.

Possible Parent Responses

  • “I don’t feel comfortable continuing with this IEP.  I have concerns about this IEP and the way it was being implemented.  I also have questions about how services will be delivered here and believe that my child needs additional services.”
  • “I am requesting that another IEP be developed.”
  • “I am requesting that a new evaluation be done on my child.”

Additional Resources

Need more information on moving your child’s IEP to a new school?  Check out our IEPs on the Move! webinar

IDEA Section 300.323

Texas Administrative Code 89.1050
http://ritter.tea.state.tx.us/rules/tac/chapter089/ch089aa.html#89.1050

Moving to a new location checklist
http://www.parentcenterhub.org/repository/moving/