Transfer Students

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What if a child moves from one school to another within the same district?  Do the time lines for evaluations stand?

Yes, the responsibility is unit by unit, not school by school. If the transfer is from unit to unit, MUSER Section VI.A.(3)(b)(i) applies:

(b) Exception.--The relevant timeframe in clause (a)(i) shall not apply to a SAU if:

(i) A child enrolls in a school served by the SAU after the relevant timeframe in clause (a)(i) has begun and prior to a determination by the child's previous SAU as to whether the child is a child with a disability (as defined in 20 USC 1402), but only if the subsequent SAU is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent SAU agree to a specific time when the evaluation will be completed;

What is the obligation of a SAU to provide services at the beginning of the school year to a child with an IEP who transfers to the SAU during the summer months?

The DOE interprets MUSER §§ IX.3.B(3) and IX.3.B(5)(a) to require that, so long as the child comes to the SAU with a current (non-expired) IEP, the SAU must provide a FAPE to the child through provision of services comparable to those described in the IEP from the previous SAU until the child’s IEP Team meets and determines to either adopt the IEP or develop a new IEP.

When a student transfers to a new SAU from another SAU within the state, must the SAU convene an IEP Team meeting to determine what “comparable services” the new SAU is going to provide?

MUSER §IX.3.B(5)(a) provides that when a student transfers to a new SAU from another SAU within the state, the new SAU must provide FAPE to the student “including services comparable to those described in the child’s IEP from the previous SAU,” until the new SAU either adopts the previous IEP or else develops a new one. In Letter to R. Finch, E.D.. (April 10, 2012), OSEP       has interpreted that provisions to require that the determination about the interim services that are to be provided as comparable to the services described in the previous IEP must be made at an IEP Team meeting, unless the SAU and the parents agree not to conduct a meeting and reach agreement on those interim services.
(added October 2012)

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