A new student with an IEP: the first 30 days

By the IEP Atlas editorial teamLast updated November 1, 2026

Short answer

When a student transfers in with an IEP during the school year, the new district must provide comparable services right away. An in-state transfer keeps comparable services until the district adopts the old IEP or writes a new one. An out-of-state transfer keeps them until the district evaluates, if needed, and writes a new IEP. Request records the first day.

A new student arrives on a Tuesday with a parent, a backpack and sometimes no paperwork. What you do in the first week decides whether that student gets services or loses a month. The federal rule is short: provide services comparable to those in the previous IEP from the start, in consultation with the parents.^[1]

This page covers mid-year transfers. For a student you inherit inside your own district, see reviewing a student's previous IEP. The role overall is in the case manager's handbook.

The rules in one table

Situation	What the new district does	Until when	Rule
Transfer within the same state, same school year	Provides comparable services, in consultation with the parents	It adopts the previous IEP or develops and implements a new one	34 CFR 300.323(e)^[1]
Transfer from another state, same school year	Provides comparable services, in consultation with the parents	It conducts an evaluation if it decides one is needed, and develops a new IEP if appropriate	34 CFR 300.323(f)^[1]
Records	New school takes reasonable steps to get records promptly; old school responds promptly	Ongoing	34 CFR 300.323(g)^[1]
Student was mid-evaluation at the old school	The evaluation timeline can be extended if the new district is making progress and the parent agrees to a date	Agreed completion date	34 CFR 300.301(d) and (e)^[2]

The regulation does not define "comparable." Districts and state guidance usually read it as similar or equivalent services. It does not mean identical: a 5 x 30 minute pull-out may become a 5 x 30 minute block in a different room. It does mean you cannot drop a service because your school does not usually offer it.

A new evaluation for an out-of-state student is an initial evaluation, which needs parent consent.^[3] Many states have their own transfer forms and timelines, so check your state manual.

What you need before you start

The enrollment packet and the parent's contact information.
Whatever the parent brought: an IEP copy, a progress report, an evaluation.
The name and phone number of the previous school.
Your district's transfer form, if it has one.

Step-by-step: the first 30 days

Step 1: Day 1, request records and talk to the parent

Send the records request the day the student enrolls. Then call the previous school's special education office; a call often moves faster than a fax. Ask the parent what services the student was getting and how often. Their description is not a substitute for the IEP, but it lets you start something on day 2.

Step 2: Days 2 to 5, start comparable services

Once you have the IEP, build a schedule that matches its minutes as closely as your setting allows. Write a short note to the parent describing the interim services and how they compare. Put the start date in the caseload tracker and log the first sessions with the service log.

Step 3: Week 1, brief the teachers

Every teacher and provider who works with the student needs the accommodations and their responsibilities.^[1] Use the same format as for other students. The teacher notification guide shows one.

Step 4: Weeks 1 to 3, collect data

Take baseline probes on each goal. A new school, new teachers and new curriculum all change performance. You will need these numbers for the adopt-or-rewrite decision.

Step 5: By week 4, decide the next step

For an in-state transfer, the team either adopts the previous IEP or develops a new one. For an out-of-state transfer, the team decides whether an evaluation is needed and plans a new IEP. Either way, hold the meeting and put the new dates on your IEP compliance calendar.

Worked example: Jordan, 3rd grade, from out of state

Jordan is a fictional 3rd grader who enrolls on January 13. His mother has a copy of his IEP from another state.

Day	Date	Action
1	Jan 13	Records request sent by email and phone call to the previous school. IEP copy scanned from the parent.
2	Jan 14	IEP read: 150 min/week reading, 60 min/week math, 30 min/week speech; annual review due Apr 22; eligibility under SLD, dated Mar 2024.
3	Jan 15	Interim schedule: reading 5 x 30 min, math 2 x 30 min, speech 1 x 30 min. Letter to parent describing it.
4	Jan 16	Accommodations sent to classroom teacher, music, art and PE; 4 of 4 replies by Jan 21.
6	Jan 20	Full records arrive, including the 2024 evaluation.
6 to 18	Jan 20 to Feb 5	Baseline probes: 38 words correct per minute in grade 3 text (prior IEP baseline 31); 12 of 20 single-digit subtraction facts in 1 minute.
22	Feb 10	Team meeting: evaluation data from 2024 is recent enough; team decides no new evaluation is needed now and writes a new IEP using the January data.
30	Feb 18	New IEP in effect; prior written notice sent; new annual review date entered in the tracker.

Every minute in the old IEP was matched in week 1. The new IEP came from fresh data instead of copying the old goals, and the family knew what was happening at each step.

Common mistakes

Weak: Waiting for the full file before starting any services. Better: Start comparable services from the parent's copy or a phone call to the old school, then adjust.
Weak: Placing the student in your usual program and calling it comparable. Better: Match each service and its minutes, and tell the parent how the interim plan compares.
Weak: Copying the out-of-state IEP onto your forms and calling it adopted. Better: For out-of-state moves, the rule is a new IEP, after an evaluation if one is needed.
Weak: Leaving the student off the tracker until the new IEP is written. Better: Add the student on day 1 with the interim dates.
Weak: One records request and no follow-up. Better: Call, email and document each attempt.

Using the caseload tracker for this

Add the student the day they enroll, with the previous IEP's annual review date and the 30-day decision date as a reminder. Use the IEP due date calculator to set the new dates after the meeting. For the full list of federal deadlines, see IEP timelines. Rules on transfer forms and timelines vary by state.

Frequently asked questions

Does a new school have to follow a transfer student's IEP?

It must provide services comparable to the previous IEP, in consultation with the parents, until it adopts that IEP or writes a new one. For out-of-state transfers, it may also evaluate first if it decides that is needed.

What does comparable services mean?

The regulation does not define it. It is usually read as similar or equivalent services, not identical ones. The setting or schedule may change, but the student should not lose a service or a large share of minutes.

What if the old school is slow to send records?

The new school must take reasonable steps to get records promptly, and the old school must respond promptly. Keep calling and emailing, document each attempt, and start services from the parent's copy in the meantime.

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Sources

34 CFR §300.323: When IEPs must be in effect, U.S. Department of Education (IDEA website)
34 CFR §300.301: Initial evaluations, Legal Information Institute, Cornell Law School
34 CFR §300.300: Parental consent, U.S. Department of Education (IDEA website)

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.