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(3.22) If my family moves to a new school district, does my child need to be found eligible again for special education by the new school district?

(3.22) If my family moves to a new school district, does my child need to be found eligible again for special education by the new school district?

No. Whenever a student transfers into a school district from another California school district not operating under the same local plan within the same academic year, the new school district must ensure that she is immediately provided with services comparable to those provided in the previously approved IEP from the former school district, in consultation with the parents, for a period not to exceed 30 days.

Within 30 days, the new school district must either adopt the previously approved IEP, or develop, adopt, and implement a new IEP. The new school must take reasonable steps to promptly obtain the pupil’s records from her former school to facilitate the student’s transition.  [Cal. Ed. Code Secs. 56325(a)(1) & (b)(1).]

Whenever a student transfers into a school district from another California school district operating under the same local plan within the same academic  year, the new school district shall continue, without delay, to provide the student with services comparable to those provided in the existing approved IEP from the former school district unless the parent and the school district agree to develop, adopt, and implement a new IEP that is consistent with federal and state law. [Cal. Ed. Code Sec. 56325 (a)(2).]

Whenever a student transfers into a school district from another school district located outside California in the same academic year, the new school district shall provide the student with a free, appropriate public education, including services comparable to those described in the previously approved IEP, in consultation with the parents, until the school district conducts an assessment, if determined necessary by the district, develops a new IEP, if appropriate, that is consistent with federal and state law. [Cal. Ed. Code Sec. 56325 (a)(3).]