In the Individuals with Disabilities Education Act, Section 1414 (d)(2), there are requirements for the Local Education Agency to provide students with disabilities who:
- Transfer within the same State: In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in the same State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law.
- Transfer out a State: In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency conducts an evaluation, *if determined to be necessary by such agency*, and develops a new IEP, *if appropriate*, that is consistent with Federal and State law.
The United States Department of Education Office of Special Education and Rehabilitative Services released guidance to State Directors on November 10, 2022, to ensure high-quality education for highly mobile students, including military children with disabilities. The letter recognizes that 1) highly mobile children should have timely and expedited evaluations and eligibility determinations and 2) comparable services, including services during the Summer, such as Extended School Year (ESY) Services.
How Does This Impact Military Families?
Military families are highly mobile and move on average every 2 -3 years. Partners in PROMISE 2022 Military Special Education Survey Data indicate that the average delay experienced after a Permanent Change of Station (PCS) move was 4.72 months, nearly a quarter of a two-year tour of duty.
TIP: During a transfer to a new school district, reevaluations are often requested and occur within the first 30 days. Make sure that a reevaluation is necessary. Request a copy (see guidance in the SPED & EFMP Binder) of your child’s school’s new evaluation before any meetings during which they will be reviewed. Make sure that there is sufficient data to support a reduction of special education services and supports. Partners in PROMISE 2021 Military Special Education Survey Data show that only 22% of IEP/504 plans were accepted upon transfer to a new school district without reevaluations. If you disagree with the results of the school district’s evaluations, you should request an independent educational evaluation (IEE) in writing at public expense.
For more information on this topic, please refer to our social media post featuring Michelle Norman, Executive Director and Founder of Partners in PROMISE.
About the Author – Michelle Norman
Michelle Norman is the Executive Director and Founder of Partners in PROMISE, a non-profit organization focused on educating, advising, and advocating for exceptional military families and their education. She is a Navy spouse of over 28 years and mother of a 20-year-old daughter with cerebral palsy and many other medical diagnoses. After years of successfully advocating and winning multiple legal cases to ensure her daughter receives the minimum education required by law, Michelle realized she was not alone. After seeing a gap in support, the Virginia Beach resident has become a passionate advocate for all military children with special needs and their families.
Michelle graduated with a degree in Petroleum Engineering from the University of Texas at Austin and worked as an Environmental Engineer civilian with the US Navy until her daughter was born prematurely. Her problem-solving background as well as her desire to do the right thing has resulted in top-level changes over the last few years within the Department of Defense Exceptional Family Member Program and State Disability communities.
Michelle has been recognized for her military family advocacy efforts with the 2022 Military Officers Association of America (MOAA) Changemaker Award, William and Mary PELE Law Clinic Kayla Bower Advocacy Award, 2020 Heroes at Home Military Spouse of the Year Award for Hampton Roads and 2019 AFI Navy Military Spouse of the Year Award.
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