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Special Ed 101
Martie and Sheila - need your expertise
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<blockquote data-quote="Sheila" data-source="post: 5370" data-attributes="member: 23"><p>Regarding IEPs transferring. From IDEA 2004 @ <a href="https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf" target="_blank">https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf</a> :</p><p></p><p>(e) IEPs for children who transfer</p><p>public agencies in the same State.</p><p></p><p>If a child with a disability (who had an IEP</p><p>that was in effect in a previous public</p><p>agency in the same State) transfers to a</p><p>new public agency in the same State,</p><p>and enrolls in a new school within the</p><p>same school year, the new public</p><p>agency (in consultation with the</p><p>parents) must provide FAPE to the child</p><p>(including services comparable to those</p><p>described in the childs IEP from the</p><p>previous public agency), until the new</p><p>public agency either</p><p>(1) Adopts the childs IEP from the</p><p>previous public agency; or</p><p>(2) Develops, adopts, and implements</p><p>a new IEP that meets the applicable</p><p>requirements in §§ 300.320 through</p><p>300.324.</p><p></p><p>You'll have to check your state regs for additional info. For instance, in our State, the new LEA would have to follow the old IEP until an IEP meeting is held in the new district -- which is what the Fed reg above says. But, I remember seeing some type of 30 day timeline involved in TX regs. I can't recall off the top of my head the context of the "30 days." </p><p></p><p>Same for info specific to transfers of students without IEPs -- ck your state regs for fine print.</p><p></p><p>Kids with IEPs "cost more" to educate than regular students so I can see where a new school district would want to discourage sp ed students from arbitrarily transferring in. However, this practice could be discrimination if all other students are accepted or there is a "first come, first served" basis for admission. (Section 504 should kick-in in these type instances in my opinion.)</p><p></p><p>I'd be interested in knowing how this works out. Let us know.</p><p></p><p>And good luck!</p></blockquote><p></p>
[QUOTE="Sheila, post: 5370, member: 23"] Regarding IEPs transferring. From IDEA 2004 @ [url]https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf[/url] : (e) IEPs for children who transfer public agencies in the same State. 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 FAPE to the child (including services comparable to those described in the childs IEP from the previous public agency), until the new public agency either (1) Adopts the childs 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. You'll have to check your state regs for additional info. For instance, in our State, the new LEA would have to follow the old IEP until an IEP meeting is held in the new district -- which is what the Fed reg above says. But, I remember seeing some type of 30 day timeline involved in TX regs. I can't recall off the top of my head the context of the "30 days." Same for info specific to transfers of students without IEPs -- ck your state regs for fine print. Kids with IEPs "cost more" to educate than regular students so I can see where a new school district would want to discourage sp ed students from arbitrarily transferring in. However, this practice could be discrimination if all other students are accepted or there is a "first come, first served" basis for admission. (Section 504 should kick-in in these type instances in my opinion.) I'd be interested in knowing how this works out. Let us know. And good luck! [/QUOTE]
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