Sunday, August 19, 2012

New to Arizona? What you need to know about INTERSTATE TRANSFERS

When a child with an IEP in effect in another state moves into Arizona, the new Arizona school district (or charter school) is responsible for providing the student with FAPE.  That means that the new school must provide services comparable to those described in the existing IEP from the former school until such time as the Arizona school district conducts an evaluation (if it determines that is necessary) and develops a new IEP, if appropriate, consistent with federal and state law. 20 USC 1414 (d)(2)(C)(i)(II).  The new school must take reasonable steps to obtain the child's records, including the IEP and supporting documentation, from the previous school in compliance with FERPA. 34 CFR 300.323 (g)(1). To facilitate the transition, you as parents should provide the last/existing IEP and any other school records to the Arizona school district.  Typically, the new school will schedule an IEP meeting within thirty (30) school days of your child's entry into the new school, but you may also request an IEP meeting.  If a parent requests an "emergency" IEP meeting, it must be held within fifteen (15) school days (not calendar days) of the request.  NOTE:  The new school district must implement the existing IEP (the IEP from your out-of-state school) on the first day your child enters school.  Of course, practically speaking, you should have provided the school with the IEP in advance of your child's first day of school so that all services, or equivalent services, could be in place.  And make sure all communications with your new school are followed up with confirming emails.     

http://www.azspecialeducationlawyers.com/  

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