Authority:  34 C.F.R. Part 300; Appendix A to 34 C.F.R. Part 300; 19 T.A.C. Chapter 89

                              TRANSFER STUDENTS

 

                             FEDERAL AND STATE REQUIREMENTS

CITATION

 

Determine eligibility for special education services by obtaining:

 
 
  • Verification from the parents that the student was receiving special education services in the previous school district.

89.1050(f)

 
  • OR, verification, in writing or by telephone, from the previous school district that the student was receiving special education services.

89.1050(f)

 

For a student who is new to a school district, the ARD committee may meet (per ARD Meeting framework) when the student enrolls in the district, if the following conditions are met:

89.1050(f)

 
  • Previous district is in the same state.

89.1050(f)(1)
Appendix A to Part 300, Q/A #17

 
  • A copy of the student's current IEP is available.

89.1050(f)(1)
Appendix A to part 300, Q/A #17

 
  • The parents indicate in writing that they are satisfied with the current  IEP.

89.1050(f)(1)
Appendix A to part 300, Q/A #17

 
  • The new school district determines that the current IEP is appropriate and can be implemented as written.

89.1050(f)(1)
Appendix A to part 300, Q/A #17

If the conditions above are not met, then an ARD Meeting must be held. 89.1050(f)(2)
A student with a disability who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, shall have the same right to make educational decisions as a student without a disability, except that the school district shall provide any notice required by IDEA, Part B to both the student and the parents.  All other rights accorded to parents under IDEA, Part B transfer to the student.  All rights accorded to parents under IDEA, Part B transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution. See Notice of Transfer of Parental Rights. TEC 29.017