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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.

  1. 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.

  2. 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.

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