CHILDREN WHO TRANSFER

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 99.31  Under what conditions is prior consent not required to disclose information?    

(a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by Sec. 99.30 if the disclosure meets one or more of the following conditions:     
. . . 
   (2) The disclosure is, subject to the requirements of §99.34, to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer. 

Note: Section 4155(b) of the No Child Left Behind Act of 2001, 20 U.S.C. 7165(b), requires each State to assure the Secretary of Education that it has a procedure in place to facilitate the transfer of disciplinary records with respect to a suspension or expulsion of a student by a local educational agency to any private or public elementary or secondary school in which the student is subsequently enrolled or seeks, intends, or is instructed to enroll. 
. . . 
   


Last Amended:  76 FR 75641, Dec. 2, 2011
Entered:  January 19, 2012

34 Code of Federal Regulations § 99.34  What conditions apply to disclosure of information to other educational agencies or institutions?

(a) An educational agency or institution that discloses an education record under §99.31(a)(2) shall: 
(1) Make a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless: 
(i) The disclosure is initiated by the parent or eligible student; or 
(ii) The annual notification of the agency or institution under §99.7 includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer;  
(2) Give the parent or eligible student, upon request, a copy of the record that was disclosed; and 
(3) Give the parent or eligible student, upon request, an opportunity for a hearing under subpart C.

(b) An educational agency or institution may disclose an education record of a student in attendance to another educational agency or institution if: 
(1) The student is enrolled in or receives services from the other agency or institution; and 
(2) The disclosure meets the requirements of paragraph (a) of this section.


Last Amended:  73 FR 74854, Dec. 9, 2008
Entered:  Jan. 14, 2009

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(g) Transmittal of records. To facilitate the transition for a child described in paragraphs (e) and (f) of this section— 
    (1) The new public agency in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2); and 
    (2) The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency. 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(g) Transmittal of records. To facilitate the transition for a child described in paragraphs (e) and (f) of this section— 
    (1) The new public agency in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2); and 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(g) Transmittal of records. To facilitate the transition for a child described in paragraphs (e) and (f) of this section— 
    (1) The new public agency in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2); and 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(g) Transmittal of records. To facilitate the transition for a child described in paragraphs (e) and (f) of this section— 
    (1) The new public agency in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2); and 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(g) Transmittal of records. To facilitate the transition for a child described in paragraphs (e) and (f) of this section— 
. . .  
    (2) The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency. 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

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

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(g) Transmittal of records. To facilitate the transition for a child described in paragraphs (e) and (f) of this section— 
. . .  
    (2) The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency. 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

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

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(j)  A school district must comply with the following for a student who is new to the school district. 
. . . 
(3)  In accordance with TEC, §25.002, and 34 CFR, §300.323(g), the school district in which the student was previously enrolled must furnish the new school district with a copy of the student's records, including the student's special education records, not later than the 10th working day after the date a request for the information is received by the previous school district. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

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

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(g) Transmittal of records. To facilitate the transition for a child described in paragraphs (e) and (f) of this section— 
    (1) The new public agency in which the child enrolls must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR 99.31(a)(2); and 
    (2) The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency. 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.

. . . 
(f)  If a student was in the process of being evaluated for special education eligibility by a school district and enrolls in another school district before the previous school district completed the full individual and initial evaluation, the new school district must coordinate with the previous school district as necessary and as expeditiously as possible to ensure a prompt completion of the evaluation in accordance with 34 CFR, §300.301(d)(2) and (e) and §300.304(c)(5). The timelines in subsections (c) and (e) of this section do not apply in such a situation if: 
(1)  the new school district is making sufficient progress to ensure a prompt completion of the evaluation; and 
(2)  the parent and the new school district agree to a specific time when the evaluation will be completed. 
. . . 


Last Amended:  March 14, 2021, 46 TexReg 1466
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.304  Evaluation procedures. 

. . . 
(c) Other evaluation procedures. Each public agency must ensure that— 
     . . . 
    (5) Assessments of children with disabilities who transfer from one public agency to another public agency in the same school year are coordinated with those children’s prior and subsequent schools, as necessary and as expeditiously as possible, consistent with §300.301(d)(2) and (e), to ensure prompt completion of full evaluations. 
     . . .


Last Amended:  71 FR 46785, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.

. . . 
(f)  If a student was in the process of being evaluated for special education eligibility by a school district and enrolls in another school district before the previous school district completed the full individual and initial evaluation, the new school district must coordinate with the previous school district as necessary and as expeditiously as possible to ensure a prompt completion of the evaluation in accordance with 34 CFR, §300.301(d)(2) and (e) and §300.304(c)(5). The timelines in subsections (c) and (e) of this section do not apply in such a situation if: 
(1)  the new school district is making sufficient progress to ensure a prompt completion of the evaluation; and 
(2)  the parent and the new school district agree to a specific time when the evaluation will be completed. 
. . . 


Last Amended:  March 14, 2021, 46 TexReg 1466
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.301  Initial evaluations.  

. . . 
(d) Exception. The timeframe described in paragraph (c)(1) of this section does not apply to a public agency if— 
    (1) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or    
    (2) A child enrolls in a school of another public agency after the relevant timeframe in paragraph (c)(1) of this section has begun, and prior to a determination by the child's previous public agency as to whether the child is a child with a disability under §300.8. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  May 28, 2009

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.

. . . 
(f)  If a student was in the process of being evaluated for special education eligibility by a school district and enrolls in another school district before the previous school district completed the full individual and initial evaluation, the new school district must coordinate with the previous school district as necessary and as expeditiously as possible to ensure a prompt completion of the evaluation in accordance with 34 CFR, §300.301(d)(2) and (e) and §300.304(c)(5). The timelines in subsections (c) and (e) of this section do not apply in such a situation if: 
(1)  the new school district is making sufficient progress to ensure a prompt completion of the evaluation; and 
. . . 


Last Amended:  March 14, 2021, 46 TexReg 1466
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.301  Initial evaluations.  

. . . 
(e) The exception in paragraph (d)(2) of this section applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed. 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  May 28, 2009

19 Texas Administrative Code § 89.1011. Full Individual and Initial Evaluation.

. . . 
(f)  If a student was in the process of being evaluated for special education eligibility by a school district and enrolls in another school district before the previous school district completed the full individual and initial evaluation, the new school district must coordinate with the previous school district as necessary and as expeditiously as possible to ensure a prompt completion of the evaluation in accordance with 34 CFR, §300.301(d)(2) and (e) and §300.304(c)(5). The timelines in subsections (c) and (e) of this section do not apply in such a situation if: 
. . .  
(2)  the parent and the new school district agree to a specific time when the evaluation will be completed. 
. . . 


Last Amended:  March 14, 2021, 46 TexReg 1466
Entered: October 18, 2021

34 Code of Federal Regulations § 300.301  Initial evaluations.  

. . . 
(e) The exception in paragraph (d)(2) of this section applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed. 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  May 28, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.
. . .
(j) A school district must comply with the following for a student who is new to the school district.
. . .
(4) A student 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 school district during the summer is not considered a transfer student for the purposes of this subsection or for 34 CFR, §300.323(e) or (f). For these students, the new school district must implement the IEP from the previous school district in full on the first day of class of the new school year or must convene an ARD committee meeting during the summer to revise the student's IEP for implementation on the first day of class of the new school year.
. . .


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 19, 2021

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.
. . .
(j) A school district must comply with the following for a student who is new to the school district.
. . .
(4) A student 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 school district during the summer is not considered a transfer student for the purposes of this subsection or for 34 CFR, §300.323(e) or (f). For these students, the new school district must implement the IEP from the previous school district in full on the first day of class of the new school year or must convene an ARD committee meeting during the summer to revise the student's IEP for implementation on the first day of class of the new school year.
. . .


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 19, 2021

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.
. . .
(j) A school district must comply with the following for a student who is new to the school district.
. . .
(4) A student 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 school district during the summer is not considered a transfer student for the purposes of this subsection or for 34 CFR, §300.323(e) or (f). For these students, the new school district must implement the IEP from the previous school district in full on the first day of class of the new school year or must convene an ARD committee meeting during the summer to revise the student's IEP for implementation on the first day of class of the new school year.
. . .


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 19, 2021

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.
. . .
(j) A school district must comply with the following for a student who is new to the school district.
. . .
(4) A student 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 school district during the summer is not considered a transfer student for the purposes of this subsection or for 34 CFR, §300.323(e) or (f). For these students, the new school district must implement the IEP from the previous school district in full on the first day of class of the new school year or must convene an ARD committee meeting during the summer to revise the student's IEP for implementation on the first day of class of the new school year.
. . .


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 19, 2021

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(j)  A school district must comply with the following for a student who is new to the school district. 
(1)  When a student transfers to a new school district within the state in the same school year and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 CFR, §300.323(e), regarding the provision of special education services. The timeline for completing the requirements outlined in 34 CFR, §300.323(e)(1) or (2), is 30 school days from the date the student is verified as being a student eligible for special education services. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(e) IEPs for children who transfer public agencies in the same State. If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either— 
    (1) Adopts the child’s IEP from the previous public agency; or 
   (2) Develops, adopts, and implements a new IEP that meets the applicable requirements in §§300.320 through 300.324. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(j)  A school district must comply with the following for a student who is new to the school district. 
(1)  When a student transfers to a new school district within the state in the same school year and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 CFR, §300.323(e), regarding the provision of special education services. The timeline for completing the requirements outlined in 34 CFR, §300.323(e)(1) or (2), is 30 school days from the date the student is verified as being a student eligible for special education services. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(e) IEPs for children who transfer public agencies in the same State. If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either— 
    (1) Adopts the child’s IEP from the previous public agency; or 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(j)  A school district must comply with the following for a student who is new to the school district. 
(1)  When a student transfers to a new school district within the state in the same school year and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 CFR, §300.323(e), regarding the provision of special education services. The timeline for completing the requirements outlined in 34 CFR, §300.323(e)(1) or (2), is 30 school days from the date the student is verified as being a student eligible for special education services. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(e) IEPs for children who transfer public agencies in the same State. If a child with a disability (who had an IEP that was in effect in a previous public agency in the same State) transfers to a new public agency in the same State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide FAPE to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either— 
. . . 
    (2) Develops, adopts, and implements a new IEP that meets the applicable requirements in §§300.320 through 300.324. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(j)  A school district must comply with the following for a student who is new to the school district. 
(1)  When a student transfers to a new school district within the state in the same school year and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 CFR, §300.323(e), regarding the provision of special education services. The timeline for completing the requirements outlined in 34 CFR, §300.323(e)(1) or (2), is 30 school days from the date the student is verified as being a student eligible for special education services. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(j)  A school district must comply with the following for a student who is new to the school district. 
. . . 
(2)  When a student transfers from a school district in another state in the same school year and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 CFR, §300.323(f), regarding the provision of special education services. If the new school
district determines that an evaluation is necessary, the evaluation is considered a full individual and initial evaluation and must be completed within the timelines established by §89.1011(c) and (e) of this title. The timeline for completing the requirements in 34 CFR, §300.323(f)(2), if appropriate, is 30 calendar days from
the date of the completion of the evaluation report. If the school district determines that an evaluation is not necessary, the timeline for completing the requirements outlined in 34 CFR, §300.323(f)(2), is 30 school days from the date the student is verified as being a student eligible for special education services. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(f) IEPs for children who transfer from another State. If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency— 
    (1) Conducts an evaluation pursuant to §§300.304 through 300.306 (if determined to be necessary by the new public agency); and 
   (2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §§300.320 through 300.324. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(j)  A school district must comply with the following for a student who is new to the school district. 
. . . 
(2)  When a student transfers from a school district in another state in the same school year and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 CFR, §300.323(f), regarding the provision of special education services. If the new school
district determines that an evaluation is necessary, the evaluation is considered a full individual and initial evaluation and must be completed within the timelines established by §89.1011(c) and (e) of this title. The timeline for completing the requirements in 34 CFR, §300.323(f)(2), if appropriate, is 30 calendar days from
the date of the completion of the evaluation report. If the school district determines that an evaluation is not necessary, the timeline for completing the requirements outlined in 34 CFR, §300.323(f)(2), is 30 school days from the date the student is verified as being a student eligible for special education services. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(f) IEPs for children who transfer from another State. If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency— 
    (1) Conducts an evaluation pursuant to §§300.304 through 300.306 (if determined to be necessary by the new public agency); and 
. . .  


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(j)  A school district must comply with the following for a student who is new to the school district. 
. . . 
(2)  When a student transfers from a school district in another state in the same school year and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 CFR, §300.323(f), regarding the provision of special education services. If the new school
district determines that an evaluation is necessary, the evaluation is considered a full individual and initial evaluation and must be completed within the timelines established by §89.1011(c) and (e) of this title. The timeline for completing the requirements in 34 CFR, §300.323(f)(2), if appropriate, is 30 calendar days from
the date of the completion of the evaluation report. If the school district determines that an evaluation is not necessary, the timeline for completing the requirements outlined in 34 CFR, §300.323(f)(2), is 30 school days from the date the student is verified as being a student eligible for special education services. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(f) IEPs for children who transfer from another State. If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency— 
    (1) Conducts an evaluation pursuant to §§300.304 through 300.306 (if determined to be necessary by the new public agency); and 
   (2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §§300.320 through 300.324. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(j)  A school district must comply with the following for a student who is new to the school district. 
. . . 
(2)  When a student transfers from a school district in another state in the same school year and the parents verify that the student was receiving special education services in the previous school district or the previous school district verifies in writing or by telephone that the student was receiving special education services, the new school district must meet the requirements of 34 CFR, §300.323(f), regarding the provision of special education services. If the new school
district determines that an evaluation is necessary, the evaluation is considered a full individual and initial evaluation and must be completed within the timelines established by §89.1011(c) and (e) of this title. The timeline for completing the requirements in 34 CFR, §300.323(f)(2), if appropriate, is 30 calendar days from
the date of the completion of the evaluation report. If the school district determines that an evaluation is not necessary, the timeline for completing the requirements outlined in 34 CFR, §300.323(f)(2), is 30 school days from the date the student is verified as being a student eligible for special education services. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered: October 18, 2021

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(f) IEPs for children who transfer from another State. If a child with a disability (who had an IEP that was in effect in a previous public agency in another State) transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency— 
. . . 
    (2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §§300.320 through 300.324. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

OSERS Dear Colleague Letter (December 5, 2014)

OSERS Letter to State Directors of Special Education (July 19, 2013)

OSERS Questions and Answers on Special Education and Homelessness (February 2008)

OSEP Letter to Finch (August 5, 2010)

OSEP Letter to Champagne (November 17, 2008)

OSERS Questions and Answers on Individualized Education Programs (IEPs), Evaluations, and Reevaluations (September 2011)