[English Text Version] [Versión Gráfica española] [Versión de Texto española]
 
TRANSFER STUDENTS  
 
Authorities: 20 U.S.C. §§ 1232g, 1414; 34 C.F.R. Parts 99, 300; Texas Education Code; 19 TAC Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

P
The local educational agency (LEA) must comply with PARENT and ADULT STUDENT frameworks, as appropriate.


TRANSMITTAL OF RECORDS


P
The Family Educational Rights and Privacy Act (FERPA) does not require the child's new and previous LEAs to obtain parental consent before requesting or sending the child's special education records if the disclosure is conducted in accordance with the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework. 99.31(a)(2)
99.34
89.1050(f)(4)
1232g


P

To facilitate the transition for a child with a disability who transfers from one LEA to another:

300.323(g)
1414(d)(2)(C)(ii)


P
  • The new LEA in which the child enrolls must take reasonable steps to promptly obtain the child's record from the previous LEA in which the child was enrolled, including:
300.323(g)(1)
TEC 25.002
1414(d)(2)(C)(ii)(I)


P
    • The individualized education program (IEP) and supporting documents; and
300.323(g)(1)
1414(d)(2)(C)(ii)(I)


P
    • Any other records relating to the provision of special education or related services to the child;
300.323(g)(1)
1414(d)(2)(C)(ii)(I)


P
  • The previous LEA in which the child was enrolled must take reasonable steps to:
300.323(g)(2)
TEC 25.002
1414(d)(2)(C)(ii)(II)


P
    • Promptly respond to such request from the new LEA by furnishing the new LEA with a copy of the child's records, including the child's special education records:
300.323(g)(2)
TEC 25.007(b)(1)
TEC 25.002
1414(d)(2)(C)(ii)(II)


P
      • Not later than the 30th calendar day after the child was enrolled in the new LEA; or 
89.1050(f)(4)
TEC 7.010(c)
TEC 25.002


P
      • For children in substitute care, not later than the 14th day after the date the child begins enrollment at the school.
TEC 25.007(b)(1)


WHEN AN INITIAL EVALUATION IS PENDING




P
The LEA must ensure that assessments of children with disabilities who transfer from one LEA to another LEA in the same academic year must be coordinated, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations. 300.304(c)(5)
89.1050(f)(1)
1414(b)(3)(D)


P

If a child enrolls in the new LEA after the 60-day timeframe for an initial evaluation of the child has begun and before a determination by the child's previous LEA as to whether the child is a child with a disability, the 60-day EVALUATION PROCEDURES timeframe does not apply to the new LEA if:

300.301(d)
1414(a)(1)(C)(ii)


P
  • The LEA is making sufficient progress to ensure a prompt completion of the evaluation;
300.301(e)
1414(a)(1)(C)(ii)


D
  • The parent and LEA agree to a specific time when the evaluation will be completed; and
300.301(e)
1414(a)(1)(C)(ii)


D
  • The initial evaluation is completed not later than the 60th calendar day following the date on which the new LEA receives CONSENT FOR INITIAL EVALUATION.
89.1050(f)(1)
TEC 29.004


IEP FOR A CHILD WITH A DISABILITY WHO TRANSFERS WITHIN THE STATE




P
With regard to the status of the child, the new LEA must verify that the child: 300.323(e)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


D
  • Is a child with a disability;
300.323(e)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


D
  • Transferred LEAs within the same academic year; and
300.323(e)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


D
  • Had an IEP in effect in the previous LEA.
300.323(e)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


D
With regard to interim services to the child, the new LEA, in consultation with the parents, must: 300.323(e)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


P
  • Provide the child with a free appropriate public education (FAPE) including services comparable to those described in the IEP from the previous LEA.
300.323(e)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


P
With regard to the IEP of the child, the new LEA must: 300.323(e)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


D
  • Within 30 school days from the date the child is verified as being a child eligible for special education services either:
300.323(e)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


D
    • Adopt the IEP from the previous LEA; or
300.323(e)(1)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


D
    • Develop, adopt, and implement a new IEP that is consistent with the ARD COMMITTEE frameworks.
300.323(e)(2)
89.1050(f)(2)
1414(d)(2)(C)(i)(I)


IEP FOR A CHILD WITH A DISABILITY WHO TRANSFERS FROM OUTSIDE THE STATE


P
With regard to the status of the child, the new LEA must verify the child: 300.323(f)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)


D
  • Is a child with a disability;
300.323(f)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)


D
  • Transferred LEAs within the same academic year; and
300.323(f)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)


D
  • Had an IEP in effect in another state.
300.323(f)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)


D
With regard to interim services to the child, the new LEA, in consultation with the parents, must: 300.323(f)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)


P
  • Provide the child with a FAPE including services comparable to those described in the IEP from the previous LEA.
300.323(f)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)


P
With regard to the IEP of the child, the new LEA must: 300.323(f)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)


D
  • Within 30 school days from the date the child is verified as being a child eligible for special education services either:  
300.323(f)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)


D
300.323(f)(1)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)


D
    • Develop a new IEP, if appropriate, that is consistent with theARD COMMITTEE frameworks.
300.323(f)(2)
89.1050(f)(3)
1414(d)(2)(C)(i)(II)

 
 
Last Updated: Wednesday, November 04, 2009
  | HOME | CONTACT US |