CHILDREN WHO TRANSFER  
 
Authorities: 34 C.F.R. Parts 99, 300; Texas Education Code; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P The local educational agency (LEA) must comply with the PARENT and the ADULT STUDENT frameworks, as appropriate.

P The LEA must comply with the CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION and WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION frameworks.

TRANSMITTAL OF RECORDS


P The Family Educational Rights and Privacy Act does not require the child's new and previous LEAs to obtain parental consent before requesting or sending the child's special education records if the disclosure is for purposes related to the child's enrollment or transfer. 99.31(a)(2)
99.34

P To facilitate the transition for the child with a disability who transfers from one LEA to another: 300.323(g)

P
  • The new LEA in which the child enrolls must take reasonable steps to promptly obtain the child's record from the previous LEA in which the child was enrolled, including:
300.323(g)(1)
TEC 25.002

P
    • The individualized education program (IEP) and supporting documents; and
300.323(g)(1)

P
    • Any other records relating to the provision of special education or related services to the child;
300.323(g)(1)

P
  • The previous LEA in which the child was enrolled must take reasonable steps to:
300.323(g)(2)
TEC 25.002

P
    • Promptly respond to such request from the new LEA by furnishing the new LEA with a copy of the child's records, including the child's special education records:
300.323(g)(2)
TEC 25.002

P
      • Not later than the tenth working day after the date a request for information is received by the previous LEA.
89.1050(j)(3)
TEC 25.002
300.323(g)

WHEN AN INITIAL EVALUATION IS PENDING



P If a child is in the process of being evaluated for special education eligibility and enrolls in a new LEA, the new LEA must coordinate with the previous, as necessary and as expeditiously as possible, to ensure prompt completion of the initial evaluation. 89.1011(f)
300.304(c)(5)

P

If the child transfers from to another LEA when an initial evaluation is pending, the timelines for conducting the evaluation set out in the EVALUATION PROCEDURES framework do not apply to the new LEA if:

89.1011(f)
300.301(d)

P
  • The new LEA is making sufficient progress to ensure a prompt completion of the evaluation; and
89.1011(f)(1)
300.301(e)

D
  • The parent and the new LEA agree to a specific time when the evaluation will be completed.
89.1011(f)(2)
300.301(e)

IEP FOR THE CHILD WHO TRANSFERS WITHIN THE STATE



P If the child transfers to a new LEA in the same state within the same school year and the parents or the previous LEA verify that the child was receiving special education services in the previous LEA, the new LEA must, in consultation with the parents, provide the child with a free appropriate public education (FAPE) including services comparable to those described in the IEP from the previous LEA until the new LEA either: 300.323(e)
89.1050(j)(1)

D
  • Adopts the IEP from the previous LEA; or 
89.1050(j)(1)
300.323(e)(1)

D 300.323(e)(2)
89.1050(j)(1)

P The new LEA's timeline for adopting the IEP from the previous LEA or developing, adopting, and implementing a new IEP is 30 school days from the date the child is verified as being eligible for special education services. 89.1050(j)(1)

IEP FOR THE CHILD WHO TRANSFERS FROM OUTSIDE THE STATE


P If the child transfers to a new LEA in another state within the same school year and the parents or the previous LEA verify that the child was receiving special education services in the previous LEA, the new LEA must, in consultation with the parents, provide the child with a FAPE including services comparable to those described in the IEP from the previous LEA and the new LEA must: 
300.323(f)
89.1050(j)(2)

D
  • If the new LEA determines necessary, conduct an evaluation in compliance with the EVALUATION PROCEDURES framework; or
89.1050(j)(2)
300.323(f)(1)

D
  • Within 30 school days from the date the child is verified as being a child eligible for special education services:
300.323(f)
89.1050(j)(2)

D 300.323(f)(2)
89.1050(j)(2)

CHILDREN RESIDING IN RESIDENTIAL FACILITIES


P Not later than the third day after the date the child ages 3-22 years of age is placed in a residential facility (RF), the RF must notify the LEA in which the RF is located, unless the RF is an open-enrollment charter school or the RF has been designated as an LEA. 89.1115(d)(1)(B)(i)
TEC 29.012(a)(1)

P The LEA and the RF are required to share, within a reasonable period of time and to the extent permitted by applicable statutes and regulations, all appropriate records and relevant information relating to the child with a disability, including but not limited to: 89.1115(d)(2)(A)(i)

P
  • Birth certificate or other identifying document that proves the child's age;
89.1115(d)(2)(A)(i)(I)

P
  • Medical history and medical records, including current immunization records and a history of infectious disease (e.g., hepatitis B, tuberculosis), including a description of any behavioral characteristics related to the transmission of such disease;
89.1115(d)(2)(A)(i)(II)

P
  • Social history;
89.1115(d)(2)(A)(i)(III)

P
  • Vision and hearing screening and evaluation;
89.1115(d)(2)(A)(i)(IV)

P
  • Evaluation reports, including psychological, educational, related service, assistive technology and vocational evaluations, and behavioral assessments;
89.1115(d)(2)(A)(i)(V)

P
  • Treatment plan of care or service;
89.1115(d)(2)(A)(i)(VI)

P
  • Educational history (e.g., previous educational placement information);
89.1115(d)(2)(A)(i)(VII)

P
  • Any relevant court orders (e.g., orders related to placement in an RF, guardianship or conservatorship, or court-ordered services);
89.1115(d)(2)(A)(i)(VIII)

P
  • Information regarding the child's movement from an RF to a subsequent residence, including but not limited to the date the child left the RF and the location of the child's subsequent residence; and
89.1115(d)(2)(A)(i)(IX)

P
  • Name and phone number of contact persons representing the RF and the LEA.
89.1115(d)(2)(A)(i)(X)

P The LEA and RF are required to coordinate the child's IEP and treatment plan of care or service by communicating responsibilities and timelines related to the development and implementation of the IEP and treatment plan, including permanency planning. 89.1115(d)(2)(A)(ii)

P The LEA must provide: 89.1115(d)(2)(B)

P
  • The name and phone number of the contact person representing the RF to the surrogate parent, upon assignment of the surrogate parent according to the PARENT framework;
89.1115(d)(2)(B)(i)

P
  • The name and phone number of the surrogate parent, upon assignment of the surrogate parent according to the PARENT framework, to the contact person representing the RF; and
89.1115(d)(2)(B)(ii)

P
  • Designation and training of the surrogate parent in accordance with the PARENT framework.
89.1115(d)(2)(B)(iii)

 
 
Last Updated: Wednesday, March 29, 2017