Students With Disabilities Transfering Within the Same State

The IDEA (34 CFR 300.323 (e)) states that districts must provide comparable services to students with disabilities transferring between districts in the same state and within the same academic year when an IEP was in effect in the prior district. In Clovis Unified School District, 52 IDELR 236 (SEA CA 2009), a student with autism transferred from one school district to another over the summer in California. Although the receiving district was not required to offer comparable services since the student transferred between school years, it was determined the receiving district denied FAPE because it failed to provide adequate services to address deficits in reading and writing. When a school receives an IEP from another district it is imperative to review the most recent academic records, psychoeducational report, IEP, and progress reports. Input from parents and former teachers is also valuable.