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FEDERAL AND STATE REQUIREMENTS | |
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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.
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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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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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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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The child with a disability who has an IEP in place from a previous in- or out-of-state school district and who enrolls in a new LEA during the summer is not considered a child who transfers during the school year, and the LEA will:
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The child with a disability who has an IEP in place from a previous in- or out-of-state school district and who enrolls in a new LEA during the summer is not considered a child who transfers during the school year.
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IEP FOR THE CHILD WHO TRANSFERS WITHIN THE STATE DURING THE SCHOOL YEAR
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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:
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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 30 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 to a new LEA in another 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 FAPE including services comparable to those described in the IEP from the previous LEA and the new LEA must:
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