Authorities: 34 CFR Parts 99, 300; Texas Education Code; 19 TAC Chapter 89
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FEDERAL AND STATE REQUIREMENTS | |
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The local educational 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.
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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.
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For this framework, verify means that the new LEA has received a copy of the child's individualized education program (IEP) that was in effect in the previous LEA. The first school day after the new LEA receives a copy of the child's IEP that was in effect in the previous district begins the timelines for adopting the previous IEP or developing, adopting, and implementing a new IEP, as specified in this framework. Citations: |
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TRANSMITTAL OF RECORDS
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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.
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To facilitate the transition for the child with a disability who transfers from one LEA to another:
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If a parent hasn't already provided verification of eligibility and the new LEA has been unable to obtain the necessary verification records from the previous LEA by the 15th working day after the date a request for the records was submitted by the new LEA to the previous LEA, the new LEA must seek verification from the child's parent. Citations: |
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The new LEA is encouraged to ask the parent to provide verification of eligibility before the 15th working day after the date a request for records was submitted by the new LEA to the previous LEA. Citations: |
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If the parent is unwilling or unable to provide such verification, the new LEA must continue to take reasonable steps to obtain the child's records from the previous LEA and provide any services comparable to what the child received at the previous LEA if they communicate those to the new LEA. Citations: |
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If the parent provides verification, the new LEA must comply with all paragraphs of this subsection. Citations: |
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WHEN AN INITIAL EVALUATION IS PENDING |
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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.
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The receiving LEA must comply with the CONSENT FOR INITIAL EVALUATION and the EVALUATION PROCEDURES frameworks except as provided in this framework.
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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: |
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IEP FOR THE CHILD WHO ENROLLS DURING THE SUMMER, REGARDLESS OF LOCATION OF PRIOR PUBLIC SCHOOL |
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A child who registers in a new LEA during the summer when students are not in attendance for instructional purposes, will be offered a free appropriate public education (FAPE) as specified in this framework based on whether the child is coming from an in-state or out-of-state LEA. Citations: |
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IEP FOR THE CHILD WHO TRANSFERS WITHIN THE STATE DURING THE SCHOOL YEAR
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When a child transfers to a new LEA within the state in the same school year and the parents or the previous LEA verifies that the child had an IEP that was in effect in the previous LEA, 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 until the new LEA either:
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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 child is verified as being eligible for special education services.
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IEP FOR THE CHILD WHO TRANSFERS FROM OUTSIDE THE STATE DURING THE SCHOOL YEAR
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If the child transfers from an LEA in another state in the same school year and the parents or the previous LEA verifies that the child had an IEP that was in effect in the previous LEA, 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:
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SERVICES WHILE THE NEW LEA AWAITS A COPY OF THE CHILD'S IEP THAT WAS IN EFFECT IN THE PREVIOUS DISTRICT
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While the new LEA waits for verification, 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.
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