17. If a disabled child has been receiving special education from
one public agency and transfers to another public agency in the same
State, must the new public agency develop an IEP before the child can be
placed in a special education program?
If a child with a disability moves from one public agency to another
in the same State, the State and its public agencies have an ongoing
responsibility to ensure that FAPE is made available to that child. This
means that if a child moves to another public agency the new agency is
responsible for ensuring that the child has available special education
and related services in conformity with an IEP.
    The new public agency must ensure that the child has an IEP in
effect before the agency can provide special education and related
services. The new public agency may meet this responsibility by either
adopting the IEP the former public agency developed for the child or by
developing a new IEP for the child. (The new public agency is strongly
encouraged to continue implementing the IEP developed by the former
public agency, if appropriate, especially if the parents believe their
child was progressing appropriately under that IEP.)
Before the child's IEP is finalized, the new public agency may
provide interim services agreed to by both the parents and the new
public agency. If the parents and the new public agency are unable to
agree on an interim IEP and placement, the new public agency must
implement the old IEP to the extent possible until a new IEP is
developed and implemented.
    In general, while the new public agency must conduct an IEP meeting,
it would not be necessary if: (1) A copy of the child's current IEP is
available; (2) the parents indicate that they are satisfied with the
current IEP; and (3) the new public agency determines that the current
IEP is appropriate and can be implemented as written.
If the child's current IEP is not available, or if either the new
public agency or the parent believes that it is not appropriate, the new
public agency must develop a new IEP
through appropriate procedures within a short time after the child
enrolls in the new public agency (normally, within one week).