Transfer Students and Special Education

We have a had a number of transfer students in special education within and from out of state this school year. There has been some new DPI guidance in relation to transfer students. DPI Information Bulletin 13.01 - http://sped.dpi.wi.gov/sped_bul13-01. Please contact me for more information or interpretation. 

LEA responsibility when a student transfers between Wisconsin LEAs (intrastate transfers)

When a student transfers between Wisconsin LEAs, the receiving LEA, in consultation with the parent, must provide a free appropriate publiceducation without delay, including special education and related services comparable to those described in the most recent IEP developed by the sending LEA until: 

• The receiving LEA adopts the child's IEP (including evaluation and eligibility determination) from the previous LEA and provides the parent with an updated placement notice; or
• The receiving LEA develops, adopts, and implements at new IEP.....

If the receiving LEA can not implement all of the sending LEA's IEP, it must provide services comparable to those described in the child's IEP from the sending LEA and hold an IEP meeting to create its own IEP as soon as possible after the student enrolls. 

LEA's responsibility when a student transfers from another state (interstate transfers)

When a Wisconsin LEA receives a transfer student from another state, the receiving LEA, in consultation with the parent, must provide FAPE without delay, including special education and related services comparable to services described in the child's IEP from the sending LEA until: 

• The receiving LEA adopts the child's IEP (including evaluation and eligibility determination) from the previous LEA and provides the parent with an updated placement notice; or
• The receiving LEA conducts an evaluation and develops, adopts, and implements a new IEP. When a student transfers from another state, the evaluation is considered an initial evaluation. The parent must provide consent. The receiving LEA must make an eligibility determination and develop its own IEP as soon as possible after the student enrolls.......

What are the procedures for adopting the sending LEA's evaluation or IEP?

The law does not prescribe a timeline or the process for adopting the evaluation, eligibility determination, or IEP of a transfer student. However, the receiving LEA must take these steps within a reasonable period of time to avoid any undue interruption in the provision of special education and related services. 

We will be discussing at our upcoming Special Education Advisory Council the local procedures for adopting the sending LEA's evaluation or IEP.