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What Happens to Your Child's IEP If You Transfer Schools?

Published October 15, 2020 by Susan Clark Law Group LLC
What Happens to Your Child’s IEP If You Have to Switch Schools?

Transferring from one school to another is a challenge for most students and their parents. But having an Individualized Education Program (IEP) adds another layer of complexity when it’s time to move a child with special needs.

State and federal regulations govern how flexible a new school can be. You want to give your child every opportunity to start off supported and secure in an unfamiliar environment. But unfortunately, some schools may be reluctant to implement an existing plan until they get to know the child themselves. The good news is that in New Jersey, there are ways to keep your child’s existing accommodations in place until you’ve had time to resolve any problems with the new school. You can invoke your child’s “stay put” rights.

Are you having problems getting your IEP implemented in a new school or district? The Freehold special education lawyers at Susan Clark Law Group can help. Call or contact us today for a free consultation.

Transferring Schools In District vs. Out of District

When you move schools within the school district, your child’s IEP stays in place. Since you didn’t move out of the district, the IEP doesn’t change.

When you move to another district in the same state, your child’s new school needs to provide what’s known as “comparable services.” This means it must provide the same type of services at the same frequency as in your child’s current IEP. Comparable services stay in place until the new school either adopts the current IEP or develops a new one.

What Happens to My Child’s IEP If We Move Out of State?

When you move to another state, your child may face different criteria around eligibility for special education services. The new school must decide if your child qualifies under the state’s rules. This may require a new evaluation.

Stay Put Rights in New Jersey

Any time you disagree with changes that your school wants to make to your child’s IEP, you have the right to invoke your child’s stay put rights. In New Jersey, schools must provide parents with 15 days’ notice before making any adjustments to the IEP. It’s critical to act within that 15-day window to prevent unapproved changes from going into effect. A special education lawyer from Susan Clark Law Group can help you file a petition for mediation or due process to keep your child’s existing services intact until the dispute is resolved.

How Can Susan Clark Law Group Help My Child?

At Susan Clark Law Group, we care about your child’s future. We are known for using a diplomatic but firm approach to negotiate the IEP system and foster cooperation among schools and parents. At times, however, an impasse develops that requires legal action.

In such instances, take heart knowing that Susan Clark Law Group brings more than 100 years of litigation experience to the table on behalf of New Jersey children. Whether you need us to represent you at an IEP meeting, mediation, due process hearing or in court, our lawyers will be strong advocates in your corner. It’s our goal to empower you to gain the tools you need for your child to succeed.

We’re happy to answer questions in a free initial consultation. Call or contact us today to arrange yours.

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