Matt: What happens when a student enrolls with expired evaluation…….?
Evaluations: EXPIRED EVALUATION
Special Education Law and Advocacy
What if the IEP from the previous LEA is out of compliance due to the service dates being “expired”? Can it be accepted by the new LEA until data/PLAAFPs can be gathered?
Yes, it should be, since the new school is required to provide FAPE for the child. If later it is determined that the child is not eligible, then they could dismiss the student. Before that they have no data that the child is not eligible.
When a child transfers to a school district in the same state or a different state, the receiving school needs to get the student’s complete file, including evals, from the former district. In “Evaluation Procedures,” IDEA says:
“assessments of children with disabilities who transfer from 1 school district to another school district in the same academic year are coordinated with such children’s prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.” Evaluation Procedures, 20 U.S.C.§ 1414(b)(3)(D) see page 96 in Wrightslaw: Special Education Law
The receiving school must provide comparable services to those in the sending district’s IEP until the receiving school develops and implements a new IEP. (20 U.S.C.§ 1414(d)(2)(C))