CHILDREN WHO TRANSFER OR RECENTLY REGISTERED

English | Español

CHILDREN WHO TRANSFER OR RECENTLY REGISTERED

Authorities: 34 CFR Parts 99, 300; Texas Education Code; 19 TAC Chapter 89

	FEDERAL AND STATE REQUIREMENTS
Practice	The local education agency (LEA) must comply with relevant laws related to disclosure of child records. See the PARENT and the ADULT STUDENT AND TRANSFER OF RIGHTS frameworks, as appropriate.
Practice	The LEA must comply with the CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION and the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION frameworks when disclosing child records.
	TRANSMITTAL OF RECORDS
Practice	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. Citations: 99.31(a)(2) 99.34
Practice	To facilitate the transition for the child with a disability who transfers from one LEA to another: Citations: 300.323(g)
Practice	The new LEA in which the child enrolls must take reasonable steps to promptly obtain the child's records from the previous LEA in which the child was enrolled including: Citations: 300.323(g)(1) 89.1050(j)(3)
Practice	The individualized education program (IEP) and supporting documents; and Citations: 300.323(g)(1)
Practice	Any other records relating to the provision of special education or related services to the child; Citations: 300.323(g)(1)
Practice	The previous LEA in which the child was enrolled must furnish: Citations: 300.323(g)(2) TEC 25.002
Practice	The new LEA with a copy of the child's records including the child's special education records: Citations: 300.323(g)(2) TEC 25.002 89.1050(j)(3)
Practice	Not later than the tenth working day after the date a request for information is received by the previous LEA. Citations: 300.323(g)(2) TEC 25.002 89.1050(j)(3)
	WHEN AN INITIAL EVALUATION IS PENDING
Practice	If the 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 LEA, as necessary and as expeditiously as possible, to ensure prompt completion of the initial evaluation. Citations: 89.1011(f) 300.304(c)(5)
Practice	The receiving LEA must comply with the CONSENT FOR INITIAL EVALUATION and the EVALUATION PROCEDURES frameworks except as provided in this framework.
Practice	If the child transfers from another LEA when an initial evaluation is pending, the timelines for conducting the evaluation set out in the EVALUATION PROCEDURES framework apply to the new LEA unless: Citations: 89.1011(f) 300.301(d)
Practice	The new LEA is making sufficient progress to ensure a prompt completion of the evaluation; and Citations: 89.1011(f)(1) 300.301(e)
Document	The parent and the new LEA agree to a specific time when the evaluation will be completed. Citations: 89.1011(f)(2) 300.301(e)
	IEP FOR THE CHILD WHO ENROLLS DURING THE SUMMER, REGARDLESS OF LOCATION OF PRIOR PUBLIC SCHOOL
Practice	So long as the new LEA has received a copy of the child's IEP that was in effect in the previous LEA, the child with a disability who has an IEP in place from a previous in- or out-of-state school district and who registers in a new LEA during the summer is not considered a child who transfers during the school year, and the LEA will: Citations: 89.1050(j)(4)
Document	Implement the IEP from the previous school district in full on the first day of class of the new school year; or Citations: 89.1050(j)(4)
Document	Convene an admission, review, and dismissal (ARD) committee meeting during the summer to revise the child's IEP for implementation on the first day of class of the new school year. Citations: 89.1050(j)(4)
Document	If the new LEA wishes to convene an ARD committee meeting to consider revision to the child's IEP before the beginning of the school year, the new LEA must determine whether the parent will agree to waive the requirement that written notice of the ARD committee meeting be provided at least five school days before the meeting. If the parent agrees to a shorter time frame, the new LEA must make every reasonable effort to hold the ARD committee meeting prior to the first day of the new school year if the parent agrees to the meeting time. Citations: 89.1050(j)(5)
Practice	If the new LEA has not received a copy of the child's IEP that was in effect in the previous LEA, the child with a disability who has an IEP in place from a previous in- or out-of-state school district and who registers in a new LEA during the summer will be subject to requirements for children who transfer within the state, or from another state (as appropriate), during the school year. Citations: 89.1050(j)(4) 89.1050(j)(6)
	IEP FOR THE CHILD WHO TRANSFERS WITHIN THE STATE DURING THE SCHOOL YEAR
Practice	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: Citations: 89.1050(j)(1) 300.323(e)
Document	Adopts the IEP from the previous LEA; or Citations: 89.1050(j)(1) 300.323(e)(1)
Document	Develops, adopts, and implements a new IEP that is consistent with the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE frameworks. Citations: 89.1050(j)(1) 300.323(e)(2)
Practice	The new LEA's timeline for adopting the IEP from the previous LEA or developing, adopting, and implementing a new IEP is 20 school days from the date the new school district has received a copy of the child's IEP that was in effect in the previous district. Citations: 89.1050(j)(1) 89.1050(j)(6)
	IEP FOR THE CHILD WHO TRANSFERS FROM OUTSIDE THE STATE DURING THE SCHOOL YEAR
Practice	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 had an IEP that was in effect in the previous district, the new LEA must, in consultation with the parents, provide the child with FAPE including services comparable to those described in the IEP from the previous LEA and the new LEA must: Citations: 89.1050(j)(2) 300.323(f)
Document	If the new LEA determines necessary, conduct an evaluation in compliance with the EVALUATION PROCEDURES framework; or Citations: 89.1050(j)(2) 300.323(f)(1)
Document	If the new LEA determines that an evaluation is not necessary, develop a new IEP, if appropriate, that is consistent with the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE frameworks: Citations: 89.1050(j)(2) 300.323(f)(2)
Document	The timeline for developing, adopting, and implementing a new IEP is 20 school days from the date the new school district has received a copy of the child's IEP that was in effect in the previous district. Citations: 89.1050(j)(2) 89.1050(j)(6)
	SERVICES WHILE THE NEW LEA AWAITS A COPY OF THE CHILD'S IEP THAT WAS IN EFFECT IN THE PREVIOUS DISTRICT
Practice	While the new LEA awaits a copy of the child's IEP that was in effect in the previous district, the new LEA must take reasonable steps to provide, in consultation with the child's parents, services comparable to those the child received from the previous LEA if the new LEA has been informed by the previous LEA of the child's special education and related services and placement. Citations: 89.1050(j)(6) 89.1050(j)(7)

Last Updated : Tue, Mar 19, 2024

Name	Last Updated On

Name	Last Updated On

Texas Education Code § 25.002. Requirements for Enrollment.

(a) If a parent or other person with legal control of a child under a court order enrolls the child in a public school, the parent or other person or the school district in which the child most recently attended school shall furnish to the school district:
   (1) the child's birth certificate or another document suitable as proof of the child's identity;
   (2) a copy of the child's records from the school the child most recently attended if the child has been previously enrolled in a school in this state or another state; and
   (3) a record showing that the child has the immunizations as required under Section 38.001, in the case of a child required under that section to be immunized, proof as required by that section showing that the child is not required to be immunized, or proof that the child is entitled to provisional admission under that section and under rules adopted under that section.

(a-1) Information a school district furnishes under Subsections (a)(1) and (2) must be furnished by the district not later than the 10th working day after the date a request for the information is received by the district. Information a parent or other person with legal control of a child under a court order furnishes under Subsections (a)(1) and (2) must be furnished by the parent or other person not later than the 30th day after the date a child is enrolled in a public school. If a parent or other person with legal control of a child under a court order requests that a district transfer a child's student records, the district to which the request is made shall notify the parent or other person as soon as practicable that the parent or other person may request and receive an unofficial copy of the records for delivery in person to a school in another district.

(b) If a child is enrolled under a name other than the child's name as it appears in the identifying document or records, the school district shall notify the missing children and missing persons information clearinghouse of the child's name as shown on the identifying document or records and the name under which the child is enrolled. The information in the notice is confidential and may be released only to a law enforcement agency.

(c) If the information required by Subsection (a) is not furnished to the district within the period provided by that subsection, the district shall notify the police department of the municipality or sheriff's department of the county in which the district is located and request a determination of whether the child has been reported as missing.

(d) When accepting a child for enrollment, the school district shall inform the parent or other person enrolling the child that presenting a false document or false records under this section is an offense under Section 37.10, Penal Code, and that enrollment of the child under false documents subjects the person to liability for tuition or costs under Section 25.001(h).

(e) A person commits an offense if the person enrolls a child in a public school and fails to furnish an identifying document or record relating to the child on the request of a law enforcement agency conducting an investigation in response to a notification under Subsection (c). An offense under this subsection is a Class B misdemeanor.

(f) Except as otherwise provided by this subsection, for a child to be enrolled in a public school, the child must be enrolled by the child's parent or by the child's guardian or other person with legal control of the child under a court order. A school district shall record the name, address, and date of birth of the person enrolling a child.

(g) A school district shall accept a child for enrollment in a public school without the documentation required by Subsection (a) if the Department of Protective and Regulatory Services has taken possession of the child under Chapter 262, Family Code. The Department of Protective and Regulatory Services shall ensure that the documentation required by Subsection (a) is furnished to the school district not later than the 30th day after the date the child is enrolled in the school.

Last Amended: 79th Leg., Ch. 164, Sec. 3, eff. May 27, 2005
Entered: Oct. 24, 2007
SBS