FAPE: ARE PUBLIC SCHOOLS OBLIGATED TO PROVIDE SERVICES TO NEW STUDENTS?

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Monica:  Are public schools obligated to provide services to new coming students who need more services? We are getting new student enrolled in our school. We had a parent come to enroll their kid to our school. Their child requires full time services and we only have one parttime sped teacher. Are we obligated to hire a full time teacher to cover the child’s services? Our school is public and is located in new mexico.

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Sharon L.

It is my understanding that any services that are on the IEP need to be followed by law and the school needs to find a way to comply legally.

Jill G

Monica –

Your school would be obligated to provide services and a placement that are comparable to that described in the IEP from the previous district. This would be required until a new IEP is developed, according to any typical state and federal provisions.

So, if the new student’s IEP calls for a full day program, you would be obligated to provide that – by some means. The school could hire a full-time teacher, or it could offer a program in another local district, contract services to a private entity, or find some other creative remedy to the obligation.