Education Law

Do you have a child in special education and are you planning to move this summer?  If so, then it is very important that you have a current IEP in place for child.  Treat your child’s annual review with the importance that you would any other annual review, even if you know that your child will be attending a different school next year.

Pursuant to IDEA 2004, the new school must provide your child with a free appropriate public education by providing services comparable to what is in his or her current IEP when the child enters the school. The comparable services must be provided until such time as the IEP Team at the new school meets to adopt the old IEP or develop a new IEP.  The Team may, of course, decide to conduct an evaluation if they determine it to be necessary.  These rules apply whether you move to a new school district within the state or to another state.

So, make sure that when you provide your new school district with all of your child’s school records, health forms and other information that you include the IEP and make sure that you have a conversation with them about how they will implement comparable services to those described on that IEP until such time as the Team convenes and develops (or adopts) an IEP.

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