Moving schools or states with an IEP: what happens to services?

Moving to another district in the same state

If a child transfers to a new public agency in the same state during the school year with an IEP in effect, the new agency, in consultation with the parents, must provide FAPE including services comparable to those in the previous IEP until it adopts that IEP or develops, adopts and implements a new IEP.

Moving to a different state

If the move is to another state during the same school year, the new public agency must provide FAPE including comparable services while it determines whether an evaluation is necessary and, if appropriate, develops, adopts and implements a new IEP that meets the applicable requirements.

What happens to records?

The new agency must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents, and the previous agency must take reasonable steps to promptly respond to the request.

Practical steps before and after a move

Keep a current copy of the IEP, evaluations, progress reports, behavior or health plans and service logs. Contact the receiving district before enrollment if possible, ask who coordinates special education transfers, and confirm in writing what comparable services will begin and when.