Transfers: STATE TO STATE MOVE

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Kara: My son is on an IEP I just moved this summer to a new state do they have to honor the existing IEP or can they re test and re- offer.

  1. I have a similar situation we started the process in May first day of school he was picked up by the school bus (power wheelchair special bus to house) pulled off bus and sent to principle office. He has not been allowed to attend school for a week until they schedule and complete an IEP. The child is distraught and stressed and does not want to go back to the school is afraid of the principle. The child has a rare genetic defect stress causes antibodies to attack and destroy his brain causing permanent damage. How long can they keep him from attending school due to his disability>

  2. Kara –

    IDEA is clear about what happens if you moved during the school year – the new district in the new state must provide comparable services until new evaluations are complete and/or a new IEP is developed [at §300.323(f)].

    But the commentary to the regulations make clear that this does not apply to students who move during the summer. It states that the new district *could* decide to adopt the IEP, develop its own IEP, or it could decide to evaluate – their choice. And the evaluation by the new district would be considered an INITIAL evaluation. It also states that stay-put is not applicable in such scenarios.

    Knowing this, the very first thing I suggest for you is to consult your the special education regulations in your new state – see if they have better protections.

    Your local parent center should be able to help you with this (http://www.parentcenterhub.org/find-your-center/).

    And if it is completely up to the district to decide what to do, contact them asap to find out what their plan is and what information they need from you or the previous district, if any.

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