Phil: May a public school refuse to provide IEP services to a child whose parent moves out of the district to a neighboring district midyear? The parent is requesting that the child finish out the year in the old district. The district agreed but refused to provide IEP services.
My question is why would the old district want to deny a child with a disability protection and chance serious regression putting the student at risk for failure which could make the old school district liable? If the old district agreed that the student could stay there, then aren’t they bascially taking on the responsibility of servicing the student? How would the the new school implement the IEP if the child isn’t physically present in their school? It’s really sad that the child is being used as a pawn between the schools or the school and the parents. Everyone has a responsiblity to advocate on that child’s behalf. I wish them luck.
Phil, I think you should try to find an attorney who will answer this. If I worked for the school, I would recommend following the current IEP. Since the district must follow IDEA, & ADA rules, I do not believe that they can accept a student but refuse to provide services in an IEP.
Phil –
Sure they can. Unless your state law says otherwise, the district is only responsible for a child while he/she lives there. It’s a nice thing that they will let the child finish out the year, but they’re likely not even obligated to do that.
Perhaps the receiving district will agree to pay the old district to provide services. But they, too, likely have no obligation to do so.