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(9.38) My child is not going to stay in their school of origin and will enroll in a new school district. What will happen to their IEP?

(9.38) My child is not going to stay in their school of origin and will enroll in a new school district. What will happen to their IEP?

Your child’s IEP will be treated the same as any student who transfers to a new school district.[1]

If your child transfers to a new district during the school year that is not part of the same Special Education Local Plan Area (SELPA), the new district must provide the student with a FAPE, including services which are comparable to those in their previous district’s IEP for the first 30 days of attendance in the new district. (A SELPA is a California administrative unit composed of a single large school district, or a collection of smaller districts, which pools special education resources.) During the first 30 days, the new district must either adopt the IEP from the previous school district or develop and implement a new IEP that is consistent with federal and state special education law.[2]  If a student moves during the school year to a new school district that is within the same SELPA, the new district must continue, without delay, to provide services comparable to those contained in the previous IEP, unless the parents/guardians/other education rights holders and district develop and implement a new IEP.[3]

  1. Cal. Ed. Code Sec. 56325.[]
  2. Cal. Ed. Code Sec. 56325(a)(1).[]
  3. Cal. Ed. Code Sec. 56325(a)(2).[]