Subject: Transfer Students Arriving with No
IEP Document/Provision of Comparable Services
Source: Margaret Strecker, Director, Compliance
Intended Audience: Administrators of Special Education
Date: April 5, 2007
A SELS message from Margaret Strecker on March 29, 2007, referenced a recent
question and answer posted by the U.S. Department of Education, Office of
Special Education Programs (OSEP) regarding transfer students.
The question focused on out-of-state students arriving in-state without an
IEP document. We indicated it appeared to also apply to in-state transfers.
OSEP has now explained that there is a distinction between transfer students
from out-of-state who are receiving special education services, without an
IEP document in hand and transfer students from in-state, who are receiving
special education services, without an IEP document in hand.
Students, who are transferring from out-of-state and are receiving special
education services without an IEP document in hand, should be enrolled in
the general education curriculum until the public agency can conduct an
evaluation to determine if services are necessary and develop, adopt, and
implement a new IEP if appropriate.
Students, who are in-state and are receiving special education services,
without an IEP document in hand, must receive FAPE. Public agencies should
conduct interviews as extensively as possible with parents and the sending
school districts to determine appropriate services until the receiving
school district receives the student's IEP or the IEP team reconvenes to
develop, adopt, and implement a new IEP.
If you have questions regarding this message, please do not hesitate to call
the Special Education Compliance Section at (573) 751-0699.