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Moving schools or states with an IEP

By the IEP Atlas editorial teamLast updated

Short answer

When you move to a new state, the new school must give your child services comparable to the old IEP, in talks with you, until it decides whether a new evaluation is needed and writes a new IEP. Moving within the same state works much the same way, except the new district can adopt the old IEP. Bring a copy of the IEP and evaluations on day one.

Your child's IEP does not end when you move. Federal rules protect students who transfer during the school year so services keep going while the new school catches up. The rules differ a little depending on whether you move within your state or to a new one.[1]

This guide explains both, shows an annotated example, and lists the questions to ask the new school. For the bigger picture of how schools decide where your child learns, see the guide to least restrictive environment.

Moving within the same state

If your child transfers to a new district in the same state during the school year, the new district must provide a free appropriate public education. That includes services comparable to those in the old IEP. The new district decides these with you. Comparable services continue until the new district either adopts the old IEP or writes a new one.[1]

"Comparable" means similar or equivalent. It does not have to be the exact same program, schedule or staff. If the old IEP had 30 minutes a day of reading instruction in a small group, the new school should offer something close to that.

Moving to a new state

If your child moves from another state during the school year, the new district must also provide services comparable to those in the old IEP, in talks with you. That lasts until the new district does two things:

  1. Conducts an evaluation, if it decides one is needed to see if your child is eligible under its state's rules
  2. Writes a new IEP, if your child is eligible

States define some disability categories a little differently, so the new state may want its own evaluation.[1] A new evaluation is a new initial evaluation in that state, so the school needs your written consent before it starts.[2]

Records go with your child

The new school must take reasonable steps to get your child's records quickly, including the IEP and supporting documents. The old school must take reasonable steps to respond quickly.[1] Schools can share records with a school where a student is enrolling without your consent under federal privacy rules.[3]

Even so, records can take weeks. You will help your child most by bringing copies yourself.

Quick comparison

Same stateNew state
Services right awayComparable to the old IEPComparable to the old IEP
Decided with youYesYes
New evaluationNot usually neededMay be done if the new district thinks it is needed
Old IEP adoptedNew district may adopt itNew district writes a new IEP
RecordsNew school requests them promptlyNew school requests them promptly

Moves over the summer can work differently, because the transfer rules above cover moves during the school year. If you move in summer, contact the new district early to schedule a meeting before school starts.

An annotated example you can hold next to your child's paperwork

This example is made up. Lucas is in 5th grade with autism. His family moves from Ohio to Texas in October. Notes in italics explain each part. This is the kind of notice or plan the new school might give you.

Questions to ask the new school

You can say these word for word:

  1. "Here is my child's current IEP. When will services start?"
  2. "Which services will be the same, and which will change for now?"
  3. "If a service is different, how is it comparable to what my child had?"
  4. "Do you plan to evaluate my child? What tests, and how long will it take?"
  5. "When will we meet to write a new IEP or adopt the old one?"
  6. "Who is my child's case manager, and how do I reach them?"
  7. "Have you requested my child's records from the old school?"
  8. "How will the teachers learn about my child's accommodations before the first day?"

What to do next

Before you move:

  • Ask the old school for copies of the current IEP, the most recent evaluation, the behavior plan if there is one, and the latest progress report.
  • Ask the old teachers for a short note on what works for your child.
  • Contact the new district's special education office. Ask who handles new students with IEPs.

In the first week:

  • Give the new school copies of everything. Keep the originals.
  • Ask for a meeting about interim services in writing.
  • Write down the date you enrolled and the date services started.

If services do not start or are much less than before:

  • Ask in writing how the services are comparable.
  • Contact your new state's Parent Training and Information Center for free help. You can find it through the Center for Parent Information and Resources.[4]

Your child's place on the continuum of placements may change if the new school has different settings. Any change should still be based on your child's needs. If your child gets summer services, ask how ESY works in the new district. The annual review progress summary guide explains the kind of summary that helps a new team understand your child's progress.

Frequently asked questions

Does my child's IEP transfer to another state?

The IEP document does not automatically become the new state's IEP, but your child must get comparable services right away. The new district can evaluate your child and then write a new IEP under its own state's rules.

How long can a new school take to write a new IEP?

Federal rules do not set one number for transfers. The new school provides comparable services until it evaluates, if needed, and writes a new IEP. Evaluation timelines apply. Ask the new school for its expected dates.

Can the new school say my child no longer qualifies?

After a new evaluation, a team in the new state could find your child not eligible under its criteria. You would get written notice and can disagree using your procedural safeguards. Until that decision, your child gets comparable services.

Use it in IEP Atlas

Sources

  1. 34 CFR §300.323: When IEPs must be in effect, U.S. Department of Education (IDEA website)
  2. 34 CFR §300.300: Parental consent, U.S. Department of Education (IDEA website)
  3. FERPA, Protecting Student Privacy, U.S. Department of Education
  4. Center for Parent Information and Resources, CPIR

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.

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