A job offer in another town. A lease that ends in June. A custody change. Families with children who have IEPs move for the same reasons as everyone else, and then face a second worry: will the services come with us?
The short answer is that the federal law has a bridge for exactly this situation. The longer answer is what the bridge covers, where it is vague, and what you can do to make the first weeks smoother.
The bridge rule
When a child with an IEP transfers to a new public school district during the school year, the new district must provide a free appropriate public education. That includes services comparable to those in the child's existing IEP. It does this in consultation with you. This lasts until it either adopts the old IEP or develops, adopts, and puts in place a new one.
| Move within the same state | Move from another state | |
|---|---|---|
| What the new school must provide | A free appropriate public education, with comparable services, in consultation with you | The same |
| Until when | It adopts the existing IEP, or develops, adopts, and implements a new IEP | It conducts any evaluation it considers necessary and, if appropriate, develops a new IEP |
| New evaluation | The transfer rule does not call for one | Possible, if the school decides one is necessary |
| Records | The new school must take reasonable steps to get them promptly, and the old school must respond promptly | The same |
What "comparable" means
The word "comparable" is in the rule, but the rule does not define it. In practice it means services that are similar in kind and amount to what the old IEP promised, not necessarily the same program, the same minutes, or the same staff. A district that does not offer the identical service may offer something close until the team meets.
That gap is why you should ask, in writing, "What services will my child receive starting on the first day, and in what setting?" A written answer gives you something to compare with the old IEP.
A move from another state
A new state means a new set of rules on top of the federal floor. The state may name or define disability categories differently, use different forms, and set different timelines. That is part of why the rule allows the new district to conduct an evaluation it considers necessary before it writes its own IEP.
If the new district does evaluate, the usual evaluation rules apply: it must use a variety of tools, include information from you, assess in all areas related to the suspected disability, and not rely on a single measure alone. For the clock on evaluations, see how long an IEP evaluation takes. When a child transfers after an evaluation timeframe began in another district, the federal rule has a narrow exception to the 60-day clock: the new district must be making enough progress toward a prompt evaluation and agree with you on a specific completion date.
If you move over the summer
The bridge rule is written for transfers during the school year. A move between school years is covered by a different part of the same section: at the beginning of each school year, each school district must have an IEP in effect for every child with a disability within its jurisdiction. In practice that means the new district should have the IEP in hand and a plan ready when school starts. Send the records and a short note in July or August, not on the first day of class, and ask who will confirm the plan before the first day.
What the new school may ask of you
Expect a few requests. The school may ask you to sign a release so it can talk with the old school and get records. It may ask for private evaluation reports you have, and it may propose its own evaluation, which needs your informed consent. You can ask what each request is for, and you can ask the school to put the plan in writing. If a school proposes or refuses to change your child's evaluation, placement, or services, it owes you prior written notice.
Before the move
- Get your own copies. Ask the current school for the IEP, the latest evaluation, and recent progress reports. You are entitled to review your child's records, and the school must comply with a request before any IEP meeting and no more than 45 days after you ask. Do not wait until the last week.
- Ask for related-service records. Speech, occupational therapy, and counseling notes are sometimes filed separately.
- Tell the old school the move date and the new district's name. That lets staff send records when the new school asks.
- Find the new district's special education office. Call it before you enroll and ask what to bring.
In the first week at the new school
- Hand over the IEP and recent reports on the day you enroll, and ask who will be the point of contact.
- Ask when the team will meet to adopt the IEP or write a new one. Get the date in writing.
- Ask which services will start immediately and who will deliver them.
- Keep a short log of what your child has received each week.
When the new school is slow
If services have not started and no meeting date is set, write to the special education director. Refer to the date you enrolled and ask for a plan in writing. If the problem continues, your state parent center can explain your options, including a state complaint. A state complaint covers violations within the past year, so act promptly.
For help preparing for the first meeting, see the IEP meeting checklist for parents. Your rights if things go wrong are in the procedural safeguards notice. Terms like "comparable services" are in the glossary.