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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: 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.

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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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