300.323(e)(2)
34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(e) IEPs for children who transfer public agencies in the same State. If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either— 
. . . 
    (2) Develops, adopts, and implements a new IEP that meets the applicable requirements in §§300.320 through 300.324. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009