Pop-Up IEP

11. "We don’t do things the way they did in your old school, and so we have to rewrite the IEP."

Federal Regulations:

Section 300.320(a)(1)-(7) Definition of individualized education program.

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with Sec. Sec. 300.320 through 300.324, and that must include--

(1) A statement of the child's present levels of academic achievement and functional performance…(2)(i) A statement of measurable annual goals, including academic and functional goals…(3) A description of (progress toward annual goals)…
(4) A statement of the special education and related services and supplementary aids and services…(5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class…(6)(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district wide assessments consistent with section 612(a)(16) of the Act; and…(7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications.

Section 300.323(a) When IEPs must be in effect.

(a) General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in Sec. 300.320.

IDEA 2004 (Public Law 108-446):

Section 614 (2)(C ) PROGRAM FOR CHILDREN WHO TRANSFER SCHOOL DISTRICTS—

(i)(I) 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.
(II) TRANSFER OUTSIDE THE 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 pursuant to subsection (a)(1), if determined to be necessary by such agency, and develops a new IEP, if appropriate, that is consistent with Federal and State law.
(ii) TRANSMITTAL OF RECORDS--…the new school in which the child enrolls shall take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents…and (II) the previous school in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new school.

Read the Law

Additional Information

Collabortive effort between the
National Center on Severe and Sensory Disabilities
and the National Organization of Parents of Blind Children