Comment: Proposed IEP Implementation for Transfer Students Policy 2013

In comments to the Office of the State Superintendent of Education (OSSE), Children’s Law Center offers comments to improve a proposed policy for implementing the individualized education programs (IEPs) of transfer students. In our experience, local education agencies (LEAs) are often ignorant of their responsibilities with regard to children with disabilities who transfer in from another LEA. This policy clearly outlines their responsibilities. We expect it will lead to more children receiving timely evaluations and services. It’s an important and needed policy but could be improved. Read the full comments.

Children’s Law Center’s recommendations include:

• Emphasizing that services be put in place in the new LEA as soon as possible and formalizing the deadline for this action
• Ensuring services are put in place no matter what time of the year the student transfers, with special attention to students who transfer over the summer
• Adding the option for LEAs to provide special education services while evaluations are pending for students whose IEPs are unavailable
• Clearly spelling out the timeline for making any necessary revisions to transfer students’ IEPs or develop new IEPs
• Clarifying that the IEP transfer process should be quick and seamless for students who transfer schools but remain within the same LEA (i.e., those who transfer between DC Public Schools and a public charter school dependent on DC Public Schools as its LEA)