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Posts Tagged ‘transfer student’

School districts must complete evaluations and provide comparable services to newly transferred students

Monday, November 18th, 2013

Letter to State Directors of Special Education, 61 IDELR 202 (OSERS 2013): The federal Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) prepared a letter to state-level directors of special education providing additional insight into the evaluation of highly mobile students, as well as the provision of comparable services to such students.  Highly mobile students include those students who transfer school districts frequently (such as children in military or migrant families, and homeless children).

OSERS noted that if a student transfers while its previous school was completing a special education evaluation, the student’s new school should complete the evaluation without delay.  Specifically, the new school cannot defer completion of the evaluation so it may employ its RTI model.

Also, OSERS specifically identified extended school year services (ESY) as a “comparable service” which should be provided when a student transfers school districts.  Comparable services are not limited to those services provided during the traditional school year.

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IEP team must convene to develop interim program for transfer student.

Thursday, September 20th, 2012

Letter to Finch, 59 IDELR 15 (OSEP 2012):  The federal Department of Education’s Office of Special Education Programs informed a special education director that when a school district determines the interim program for a transfer student, such interim program must be developed by the IEP team and include the federally mandated members.  However, the parent may consent to the absence of any mandatory member, and may similarly agree to make changes in writing as opposed to convening a meeting.

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Pendency provision does not require school district to pay tuition in order maintain transfer student’s placement in prior school district

Thursday, April 26th, 2012

G.B. v. New York City Department of Education, 58 IDELR 100 (S.D.N.Y. 2012): A federal district court concluded that a school district failed to provide sufficient pendency (or “stay-put”) services to a transfer student with autism that were comparable to the services provided to him under the last agreed upon IEP from his prior school district.  However, the court refused to require the school district to pay tuition in order to maintain the student’s placement within his prior school district.  A school district’s obligation to maintain the student’s “stay-put” placement during the pendency of a due process proceeding does not mean that the student must remain at a “specific brick-and-mortar school.”  The school district merely must provide the student with an educational placement that is comparable to the last agreed upon IEP.

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Temporary or interim program for a transfer student should include temporary goals and objectives comparable to previous IEP.

Friday, July 8th, 2011

Letter to Finch, 56 IDELR 174 (OSEP 2010):  The U.S. Department of Education, Office of Special Education Programs (OSEP), informed a school district representative that the interpretation of the Texas state education department (“TEA”) is consistent with federal IDEA regulations.  TEA indicated that, when a student with an IEP transfers from one school district to another, the temporary or interim program provided by the new school district must include comparable services to the student’s IEP from his or her previous school district.  TEA found that such comparable services should include temporary goals and objectives consistent with the goals and objectives of the previous school district.  OSEP determined such a finding to be consistent with the IDEA.

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