Moving and changing schools can be challenging for any school-aged child, and especially so for children who are in special education programs. Parents or guardians must manage the needs of their children during this time even as they deal with the logistics of a move. Even at the best of times, this can be a stressful process. You may worry that your child could start to fall behind in school, especially if they don’t have immediate access to educational services they previously received. And if there are issues with transferring over an IEP, which is a legally binding document under IDEA determining a child’s course of special education, you will likely need legal help.
At SGW Law, we are among the most experienced and skilled special education attorneys in New Jersey. Whether it’s making sure an IEP is properly implemented at a new school or seeing that district officials create a new IEP that is best for your child, we stand ready to assist your family. Read below for details on federal and NJ state laws regarding IEPs, what happens in different school transfer scenarios, and when legal support could be necessary. To get in touch with our team of education attorneys, contact us online now.
Legal Framework: IDEA and New Jersey Regulations
The Individuals with Disabilities Education Act (IDEA) of 1990 is federal law, and it protects the education-related rights of children who have disabilities in many ways. Importantly for the matter of changing schools, the Act uses the phrase “including services comparable to those described in the previously held IEP” in clauses related to both in-state and out-of-state transfers. This “comparable services” requirement means that not only must the new school implement an IEP, but it cannot lack any major elements of the student’s support, while allowing for minor variations due to policies or different resources. For example, assume a student with dyslexia and another generalized learning disability moves with their family across a state. If the student’s IEP specifies they are given audio recordings of classes, this must still be followed, but it may not necessarily use the same automatic computer recording technology if that is not available.
In addition to these requirements of federal law, there are also state regulations that specifically help students with IEPs transferring schools within New Jersey. Title 6A, chapter 14 of the New Jersey Administrative Code deals with special education, and it covers IEP implementation after a move. In general, New Jersey school districts are strictly required to use IEPs as written and quickly obtain student records. The New Jersey Administrative Code is updated more frequently than most federal laws, and a recent memo from the NJ Department of Education mandates parents be given relevant information two business days before annual IEP meetings. SGW Law always monitors the relevant statutes, and we keep our clients well informed about how changes in the law may affect their family’s situation.
Transfer Scenarios: What Happens in Each Case
Situations in which a student with an IEP transfers schools can look very different from one another depending on a few important factors. The biggest legal differences are geographical – whether the transfer is in-district, in-state, or out-of-state – but there can be others.
Transfer Within the Same School District
If the new school is in the same school district as the previous one, the transfer is simplest and easiest. A student’s previously set IEP must continue unchanged, and the district is responsible for immediately implementing it in the new school setting. While there are fewer possibilities for legal issues in this case, there are still practical issues. For example, new teachers will at first not be familiar with the student or know the details of their IEP without consulting it in writing. The student may also initially be uncomfortable – most schoolchildren are uneasy in their first days or weeks at a new school. You can mitigate problems such as these by sharing your own copies of the IEP documentation with school staff and schedule meetings early on with teachers in order to check in.
Transfer to Another District Within New Jersey
A move to a different school district in-state in NJ is a bit more involved, but state law still covers your child and you in this instance. Under federal law, a child with an IEP must receive comparable services immediately – and the statewide requirements for IEP eligibility are uniform from district to district. If the district’s board of education approves the existing IEP, those comparable services will effectively become the student’s IEP going forward. However, if they do not approve it, the district has 30 days from the child’s enrollment date to conduct new assessments and develop a new IEP. As always, parents have the right to participate in this process – you may use statements from CST members at your child’s previous school or outside professionals (including your attorney) as part of your advocacy.
Transfer From Out of State
A move to another state poses the most uncertainty when it comes to the future of a student’s IEP. Federal law naturally applies and still requires the new school district, no matter the state, to begin providing comparable services. However, this is more likely to be a temporary measure. IDEA states that these services must last until “until such time as the district conducts an evaluationand develops a new IEP, if appropriate, that is consistent with Federal and State law.” The key idea to keep in mind is that every state has its own eligibility standards, and in extreme cases, a child who was granted an IEP in New Jersey may be initially ineligible in another state. In this case, you are likely to need legal help in order to restore your child’s IEP status. But even if this worst-case scenario does not happen, there may still be challenges – keep complete paper copies of all existing records, request early meetings, and research possible differences in order to be prepared.
The “Stay Put” Rule – Does It Apply After a Transfer?
The “stay put” rule is an important concept in special education that normally applies to proposed changes by school districts or at the beginning of a new school year. If a parent or guardian disagrees with the changes the district has put forth, they may request mediation or a due process hearing and thereby keep the old IEP in effect as written until then. In this way, the student can “stay put” in their original program until their parents and their school district can agree.
In New Jersey, this is an important right as it protects students from having their IEPs unilaterally altered by the school district. However, it mainly applies only to the district where an IEP was originally written. If a student changes schools voluntarily – such as due to a change in address – the new district is only held to providing comparable services for 30 days in New Jersey or until the new evaluation and IEP is complete in other states. If there is a dispute in this case, you need to act quickly so that your child’s IEP can have as much continuity as possible. Once an unwanted change in services or eligibility is in effect, every day means more disruption to your child’s education.
Practical Tips for Parents During a School Transfer
Whether your child is transferring schools due to a move across town or across the country, the best thing you can do for them and their IEP status is to prepare in advance. Consider the following checklist:
- Gather all IEP documents. This should include not only the written IEP itself, but all documentation from evaluations.
- Notify both the old and the new school district as early as possible. This will allow the old district to send over documentation promptly and make sure the new district is prepared to receive it.
- Meet with new staff before school starts. Ideally, you should meet with both administrators and your child’s upcoming teachers. If this isn’t possible, concentrate on meeting teachers, as they will interact with your child daily rather than just occasionally.
- Mark down deadlines on a physical or digital calendar. In New Jersey, perhaps the most important IEP transfer deadline is the 30-day window for a new IEP.
- Get everything in writing. Print out digital documentation, make sure you have any needed signatures from school district officials, and have any professionals who have evaluated your child make written statements if they have not done so yet.
- Request a transition plan if needed. Again, you will need to be in communication with both the old and the new district.
- Look into potential third-party evaluators. The opinions of neutral outside professionals will count for a lot in case of a challenge to your child’s IEP eligibility.
Read More about Preparing for an IEP Meeting.
When You Might Need Legal Support – How SGW Can Help
Most school districts and officials want students with disabilities to have their educational needs met. However, for a variety of reasons, not even always intentionally, students’ right to an appropriate education can be compromised. Some signs to consult an education attorney include:
- Delays and missed deadlines – The timeline for an IEP transfer is defined by a combination of state law and district regulations. Any deadlines specified are strict and legally enforceable. A particular warning sign in this instance is district officials or school staff repeatedly offering the same excuses.
- Refusal to provide comparable services – This is illegal under federal law, no matter the circumstances. IDEA specifies comparable service requirements for both in-state and out-of-state transfers. A refusal in this case is a serious violation and you should seek legal consultation immediately.
- Service reductions – By contrast, many types of reduction in IEP services (specifically after a student is reevaluated) are perfectly legal. However, if you feel this is unjustified and your child still needs a greater level of assistance, the best way to get the original services back is with legal help.
The SGW Law team provides complete and comprehensive advocacy for students with disabilities and their families, including by:
- Attending IEP meetings, no matter how many are necessary.
- Filing for mediation and ensuring all students receive due process as they appeal to receive a better IEP.
- Interpreting state and federal law as you consult with us, so that you understand the full situation and what your family’s options are.
- Litigating when necessary – while a lawsuit is a last resort, our courtroom experience has helped countless students get true educational justice.
Contact our skilled education lawyers today if you have any concerns regarding your child’s IEP, 504 plan, or any other aspect of their schooling.
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