A student’s IEP must be in effect by the beginning of each school year. This includes an IEP or IFSP for children ages 3-5 years old. For our students who are over the age of five years, an initial IEP and
provision of services must be provided with the beginning of each new school year and continuing in accordance with the provisions in their IEP.

Initial Individualized Education Plan

If the student is receiving their first, or initial IEP, the school district is required to hold a meeting to develop the student’s IEP within thirty days (30) of determining that the student is eligible for special education services. And, as soon as practicable, the services that have been designated in the IEP must be made available and provided to the student.

Who Has Access to My Student’s IEP?

Your student’s IEP must be accessible to the teachers and service providers who will be working with your student. Therefore, the IEP must be made available to the general education teacher, the special education teacher and the related services providers, including but not limited to; speech and language pathologist, occupational therapist, physical therapist, mental health counselors/therapists, behavior specialists and adaptive physical education teachers. Access to the IEP provides every teacher and related service provider with knowledge of your student’s specific educational needs, including their accommodations, modifications and supports required for them to access their education.

Transfer Students – In State

One of the most important aspects of a student’s IEP is that it must be understandable not only to their particular IEP team, but to any IEP team that might be responsible for implementing it. Therefore, when sitting in an IEP meeting, remember to advocate for clarity so that if a new team needs to work with your student, they will understand what your student is working on. That being said, if you and your student move to a new residence, within your current state, the new team must do the following;

  • Provide the student with a comparable free and appropriate public education
  • Develop, adopt and implement the current IEP or
  • Develop, adopt and implement a new IEP

It is important to remember that when you move within your own state of residence, the new team does not necessarily have to reassess your student.

Transfer Students – Out of State

If you and your student transfer out of state, the process of implementing their IEP is similar to an in-state transfer with the following differences;

  • The new District must provide the student with a free and appropriate public education that is comparable to his or her current IEP until
    • The new District conducts an evaluation and
    • Develops, adopts and implements a new IEP that meets the student’s needs

Transfer of Education Records

For all students who transfer to a new public-school district, the new district must take reasonable steps to promptly obtain your student’s education records. These records should include;

  • The current IEP and all previous IEPs
  • Any supporting documents including all previous assessments, particularly the last triennial assessment
  • A record of the related services your student has received in the past and are receiving currently

The prior school district must make a reasonable effort to provide the student’s records in a prompt and timely manner.