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Subject: Transfer Students Arriving with No IEP Document/Provision of Comparable Services
Source: Margaret Strecker, Director, Compliance

Intended Audience: Administrators of Special Education

Date: March 29, 2007

On September 19, 2006, I sent you a SELS message on the issue of providing special education services to students who transfer into the school district without an IEP document, and who interviews indicate were served as special education students in the prior district. That SELS indicated that comparable services were required even without the IEP document in hand.

The U. S. Department of Education, Office of Special Education Programs (OSEP) has recently indicated a change in interpretation on this issue, based on language in the reauthorized Individuals with Disabilities Education Act (IDEA) and the new federal regulations implementing IDEA.
This interpretation is covered in a Question and Answer provided by OSEP to the states at a recent meeting and now posted on the OSEP website at:  http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C scroll down the page to item B.

While the question posed involved "out-of-state" transfers, the answer cited the out-of-state transfer and in-state transfer provisions of the regulations and the answer applies to both.

Based on OSEP's interpretation, we will revise the state regulations accordingly.

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Missouri Department of Elementary and Secondary Education
Division of Special Education
P.O. Box 480
Jefferson City, MO 65102
Email:  webreplyspe@dese.mo.gov
Phone: 573-751-5739   Fax:  573-526-4404

 

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