Current through Register Vol. 40, No. 16, March 25, 2024
A.
Children with disabilities who transfer between local educational agencies in
Virginia or transfer from a local educational agency outside of Virginia to a
local educational agency in Virginia within the same school year are subject to
the following provisions. ( 34 CFR 300.323(e),
(f), and (g) )
1. The new local educational agency shall
take reasonable steps to obtain the child's records, including the IEP and
supporting documents and any other records relating to the provision of special
education and related services to the child, from the previous local
educational agency in which the child was enrolled. The previous local
educational agency shall take reasonable steps to promptly respond to the
request from the new local educational agency.
a. If the previous local educational agency
is not forthcoming in providing the records for the child, the new local
educational agency should contact the Virginia Department of Education for
assistance in resolving the matter.
b. If the new local educational agency is
unable to obtain the IEP from the previous local educational agency or from the
parent, the new local educational agency is not required to provide special
education and related services to the child. The new local educational agency
shall place the student in a general educational program and conduct an
evaluation if the new local educational agency determines that an evaluation is
necessary.
2. The new
local educational agency shall provide a free appropriate public education to
the child, including ensuring that the child has available special education
and related services, in consultation with the parent(s), including services
comparable to those described in the child's IEP from the previous local
educational agency, until the new local educational agency either:
a. Adopts and implements the child's IEP from
the previous local educational agency with the parent's consent; or
b. Conducts an evaluation, if determined
necessary by the local educational agency, and develops and implements a new
IEP with the parent's consent that meets the requirements in this
chapter.
3. The new
local educational agency may develop and implement an interim IEP with the
parent's consent while obtaining and reviewing whatever information is needed
to develop a new IEP.
4. If the
parent(s) and the local educational agency are unable to agree on interim
services or a new IEP, the parent(s) or local educational agency may initiate
the dispute resolution options of mediation or due process to resolve the
dispute. During the resolution of the dispute, the local educational agency
shall provide FAPE in consultation with the parent(s), including services
comparable to those described in the child's IEP from the previous local
educational agency.
B.
The new local educational agency shall provide the parent(s) with proper notice
regarding actions taken to provide the child with a free appropriate public
education.
C. If the local
educational agency determines it necessary to conduct an evaluation of the
child, the local educational agency shall provide proper notice, initiate
evaluation procedures, conduct the evaluation, determine eligibility, and
develop an IEP in accordance with this chapter.
1. During the evaluation period, the child
shall receive services in accordance with the existing IEP, excluding the
sections of the IEP that are not in accordance with this chapter.
2. The local educational agency shall inform
the parent(s) of the sections of the existing IEP that are not in accordance
with this chapter.
D.
When a child with a disability who was placed in a private residential school
under the Comprehensive Services Act transfers to a new local educational
agency, the new local educational agency shall review the current placements
and adopt or revise and implement the IEP within 30 calendar days of receipt of
written notification of the child's transfer. The former Comprehensive Services
Act team is responsible for paying for services until 30 calendar days after
the new Comprehensive Services Act team receives written notification of the
child's residence in the new local educational agency from the former
Comprehensive Services Act team. (The CSA Implementation Manual)
§§ 22.1-16 and 22.1-214 of the Code of
Virginia; 20 USC § 1400 et seq.; 34 CFR Part
300.
