Ricki: Child transfers schools after completing the year and begins the new school at the beginning of October of the same calendar year. The IEP had expired just prior to the child enrolling in the new school, (In Sept) however, the IEP was last amended in Nov. of the previous year. Does the receiving school have the obligation to honor the IEP until a new one is written?
Not exactly. They must provide comparable services until a new IEP is written or a new evaluation is completed to determine eligibility. An IEP expiring quite recently they would provide comparable services, gather some additional progress monitoring data to help develop goals is eligibility is still valid and write a new one. IF IEP expired a while ago, it should trigger an initial evaluation to determine if student is eligible for and in need of special education and related services. A school does not have to “honor” or implement as written an IEP from another school, active or expired, but must utilize the information to ensure students needs are being met if still in need of special education.
Yes. Please don’t hesitate to contact your state parent center, and/or your state special ed oversight office, if you have any trouble with this.