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.
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:
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:
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.
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:
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.