Stephanie: I am considering relocating to a new state and wondered if it were legal for the new school district to not adhere to my son’s current IEP? The special education supervisor that I spoke with today, told me that they would be able to provide comparable services, but he would still need the 6 month review to confirm if he were eligible for services. I understand that there is a process necessary, however I was trying to avoid them suspending my kid because of protocol. Also, do school districts receive funding for specific disabilities?
Both of my son’s IEP’s transferred to their new schools when we moved. THe school must accept the IEP ( this is my understanding). They can offer to do a review like they are stating. They can even do a triannual evaluation earlier than the 3 years if they want to see where your son stands. I do not understand why you think your child would be suspended. The school you are moving to does not seem to understand the process or is trying to get out of providing services.
Federal rules (IDEA) are very specific about the new school’s responsibility when a student moves between states. On this homepage you can google moving to another state for info on this. The parent training & information center in your current or the new state can assist you. States determine whether state funds are based on specific disability, placement, etc. The state center can tell you how that state does this. Federal funds are based on “head count”. http://www.parentcenterhub.org/find-your-center/