The Family Educational Rights and privacy Act does not require the child’s new and previous LEAs to obtain parental consent before requesting or sending the child’s special education records if the disclosure is for purposed related to the child’s enrollment or transfer.
To facilitate the transition for the child with a disability who transfers from one LEA to another
The new LEA in which the child enrolls must take reasonable steps to promptly obtain the child’s record from the previous LEA in which the child was enrolled including:
The individualized education program and supporting documents and
Any other records relating to the provision of special education or related services to the child
The previous LEA in which the child was enrolled must take reasonable steps to:
Promptly respond to such request from the new LEA by furnishing the new LEA with a copy of the child’s records including the child’s special education records:
Not later than the tenth working day after the date a request for information is received by the previous LEA.
If a child is in the process of being evaluated for special education eligibility and enrolls n a new LEA, the new LEA must coordinate with the previous LEA, as necessary and as expeditiously as possible to ensure prompt completion of the initial evaluation.
The receiving LEA must comply with the Consent for Initial Evaluation and the Evaluation Procedures frameworks except as provided in this framework.
If the child transfers from another LEA when an initial evaluation is pending, the timelines for conducting the evaluation set out in the Evaluation Procedures framework apply to the new LEA unless:
The new LEA us making sufficient progress to ensure a prompt completion of the evaluation and
The parent and the new LEA agree to a specific time when the revolution will be completed.
If a student with a disability transfers to or registers in the District from another LEA within Texas during the same school year, and the parents or previous LEA verifies that the student has an IEP that was in effect in the previous LEA, the student’s ARD Committee must either:
Adopt the student’s IEP from the previous LEA; or
Develop, adopt, and implement a new IEP.
The timeline for adopting the previous IEP or developing, adopting, and implementing a new IEP is 20 school days from the date the student is verified as being a student eligible for special education services. The first school day after the Campus receives a copy of the student’s IEP from the prior LEA begins the 20-school day timeline.
If the student from another LEA in Texas enrolls or registers in the District during the summer when students are not in attendance for instructional purposes, the student is still considered a transfer student and the procedures and timelines explained above will apply.
If a student with a disability transfers or registers in the District from another LEA outside of Texas during the same school year, and the parents or previous LEA verifies that the student has an IEP that was in effect in the previous LEA, the District must:
If determined necessary, conduct a full individual and initial evaluation (FIIE) and make an eligibility determination and, if eligible, develop, adopt, and implement a new IEP; or
If an evaluation is not necessary and eligibility has been verified, develop, adopt, and implement a new IEP.
Based on information received from the previous LEA and/or parents, District or Campus Special Education Assessment Personnel will determine if an evaluation is necessary for the transfer student to determine eligibility for special education services. If District or Campus Special Education Assessment Personnel determine that an evaluation is necessary, District or Campus Special Education Assessment Personnel must conduct the full individual and initial evaluation (FIIE) and make an eligibility determination and, if appropriate, develop, adopt, and implement a new IEP within the timeline established by 19 TAC 89.1011 for a FIIE.
If the parent does not provide verification of eligibility (i.e. a copy of the previous IEP) and the previous LEA does not provide a copy of the IEP and other records within a timely manner, Campus Special Education Personnel will request a copy of the prior IEP and evaluation from the student’s parent before the 15th working day after the request was submitted to the prior LEA. Campus Special Education Personnel shall maintain written documentation (i.e. a communication log) of all efforts to verify the student’s eligibility for special education services.