IDEA does not define comparable services, but instead guides IEP teams to interpret “comparable” as services that are ‘‘similar’’ or ‘‘equivalent’’ to those described in the child’s IEP from the previous public agency, as determined by the child’s newly designated IEP Team in the new public agency. Comparable services should be based on needs, programming, and the professional judgment of the IEP Team rather than the eligibility category.
For example, if the student’s IEP states they are in “Learning Center” for math, they may be placed in “Resource Room” for math if the services and programming received in both placements are the same. In contrast, a student who is in “Learning Center” for math may not be placed in “Study Skills” for all subjects because the services and programming received in both placements are different (math-specific instruction versus general support for all subjects).
A student who receives direct services from a school psychologist in another state may receive direct services from a school social worker in the ISD, as these services are similar and are based on the responsibilities of a school social worker versus a school psychologist in the ISD. Changing the student’s service from direct services from the school psychologist to indirect services from a school social worker would not be considered equivalent because the services would change from direct to indirect.
The decision to either adopt the current IEP or develop a new IEP should be based on the IEP team, in consultation with parents, identifying the student’s current educational strengths and needs as well as how to meet those needs best in the new educational setting. Available information and data from the most recent 12 months would be considered most relevant to the decision process as guided by the professional judgment of the IEP team.
An adopted IEP means the IEP from the previous public agency may be used in the new setting with no changes. No changes means the services and programming in the IEPs are the same, including the frequency and duration of programs and services.
To adopt an IEP, the most recent IEP must meet the following criteria:
The most recent IEP is less than 1 year old and the most recent Reevaluation IEP is less than 3 years old The most recent IEP is from a district in Michigan
The district is able to replicate exactly all components of the IEP including the frequency and duration of programs and services and keeping these the same best meets the student’s educational needs in the new public agency
For example, if the student’s IEP states they are in “Learning Center” for math, they may be placed in “Resource Room” for math if the services and programming received in both placements are the same. In contrast, a student who is in “Learning Center” for math may not be placed in “Study Skills” for all subjects because the services and programming received in both placements is different (math-specific instruction versus general support for all subjects).
In addition, a student who receives direct social/emotional support from a school psychologist in another state may receive direct social/emotional support from a school social worker in the LISD, as these services are similar and are based on the responsibilities of a school social worker versus a school psychologist in Michigan. Changing the student’s service from direct support from the school psychologist to indirect support from a school social worker would not be considered equivalent because the service would change from direct to indirect.
An IEP may not be adopted when the IEP team is completing a Reevaluation REED & IEP in conjunction with the transfer process because a new IEP is always developed to integrate evaluation findings.
To adopt an IEP that is already in Infinity, see guidance on Permission to Place. Indicate the IEP will be adopted and Infinity will guide you through changing the service providers and assigning the student to them; Infinity will then reflect these changes.
To adopt an IEP from a paper copy, complete the Permission to Place in Infinity (see guidance on Permission to Place) and indicate it is a paper IEP. Infinity will guide you through adding the student’s programs and services to the Permission to Place. Scan and upload a copy of the paper IEP to Student Uploads, as this will ensure the other parts of the IEP are accessible to all providers in Infinity. Service providers will complete paper Progress Reports until the next IEP is due and the student’s records become fully electronic.
If the current IEP is adopted, the next annual IEP is due within 364 days of the adopted IEP’s FAPE date or when the Reevaluation REED & IEP are due, whichever comes first.
A new IEP should be developed when:
- The new public agency is not able to replicate all components of the previous public agency’s IEP and/or the frequency, duration, or any other aspect of the services and programming will change based on the student’s educational needs
- The most recent IEP is more than a year old*
- The most recent Reevaluation IEP is more than 3 years old**
The IEP team has 30 days upon enrollment to develop the new IEP. The new IEP should be entered into Infinity following standard procedure for annual IEPs.
*In instances of overdue IEPs (more than a year old), the new public agency must follow the same requirements of other transfer students even if the previous public agency failed to meet annual review requirements for the student’s IEP but the student continued to receive special education and related services under the IEP. Therefore, the new IEP should be completed as soon as possible upon enrollment. A Permission to Place form is still required and the student should receive special education services while the new IEP is in process. If the student’s IEP is more than a year old and the student did not continue to receive services under that IEP, contact your regional supervisor for assistance.
**In the instance a Reevaluation IEP is overdue (the most recent Reevaluation IEP is more than 3 years old) but (1) the student’s annual IEP is still in effect or (2) the student continued to receive special education services under an overdue annual IEP, the IEP team should complete a Reevaluation REED & IEP in conjunction with the transfer process and as soon as possible upon enrollment. For a student who has previously received special education services, the student will be allowed to continue to receive services while the REED is in process. If the student’s Reevaluation IEP is more than 3 years old and the student does not meet criteria (1) or (2) above, contact your regional supervisor for assistance.
If a new IEP is developed, the next annual IEP is due within 364 days of the new IEP’s FAPE date or when the Reevaluation REED & IEP are due, whichever comes first
In instances of overdue IEPs (more than a year old), the new public agency must follow the same requirements of other transfer students even if the previous public agency failed to meet annual review requirements for the student’s IEP but the student continued to receive special education and related services under the IEP. Therefore, the initial REED & IEP should be completed as soon as possible upon enrollment. A Permission to Place form is still required and the student should receive special education services while the new IEP is in process. If the student’s IEP is more than a year old and the student did not continue to receive services under that IEP, contact your regional supervisor for assistance.
In the instance a Reevaluation IEP is overdue (the most recent Reevaluation IEP is more than 3 years old) but (1) the student’s annual IEP is still in effect or (2) the student continued to receive special education services under an overdue annual IEP, the IEP team should complete the Initial REED & IEP as soon as possible upon enrollment. For a student who has previously received special education services, the student will be allowed to continue to receive services while the REED is in process. If the student’s Reevaluation IEP is more than 3 years old and the student does not meet criteria (1) or (2) above, contact your regional supervisor for assistance.
When a new IEP is developed and implemented, the next annual IEP is due within 364 days of the new IEP’s FAPE date.
Immediately upon knowledge conduct a Permission to Place.
If you have a situation where the timeline might not be met please contact your key contact.
The new public agency must, upon enrollment:
- Make reasonable effort to obtain records from the previous public agency and document all efforts.
- Ensure parents are consulted throughout the transfer process
- Promptly complete a Permission to Place form in Infinity to document the provision of FAPE
- Conduct a REED to determine students present level and plan for any evaluation needs.
NOTE:You must still complete the process within 30 school days.
The IEP team should work to follow the transfer process and develop, publish, and implement a new IEP on or before the IEP’s due date even if it is before the end of the 30-school-day period. The IEP team should not adopt the IEP in this instance, because the due date for an adopted IEP does not reset but remains the same when it is adopted. If the REED is due before the end of the 30-school day period, the IEP team should work to complete the REED and develop a new IEP before the due date. Under MARSE, extensions are not permitted for Reevaluation REEDs. If the team is concerned about meeting deadlines, they should contact their Regional Supervisor for assistance.
ESY services are considered an extension of the prior school year. Therefore, the new public agency would treat the student as if the student had transferred within the same school year. The receiving school would follow the steps in this guidance document while providing comparable ESY services.
IDEA requires public agencies to take reasonable steps to obtain a student’s records and respond to a request for records promptly, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student to avoid “undue interruption” of services.
After taking reasonable steps to obtain the child’s records from the public agency in which the child was previously enrolled, if the new public agency is not able to obtain the IEP from the previous public agency or from the parent, the new public agency is not required to provide special education and related services to the student.
Reasonable steps may include calling and requesting the previous public agency fax the records instead of waiting for the CA60. The new IEP team may develop and coordinate a plan to contact the previous public agency including documenting these contacts. IEP teams who are concerned about records not arriving in a timely fashion should contact their Regional Supervisor for assistance.
In addition, IEP teams who are concerned a student may be negatively affected by a lack of comparable services while waiting for records to arrive may work with their Regional Supervisor to develop a plan to support the student. This plan would be based on the severity of the student’s needs and available resources.
Further, even if the parent is unable to provide the child’s IEP from the previous public agency, if the new public agency decides an evaluation is necessary because it has reason to suspect the child has a disability, nothing in the IDEA or its implementing regulations would prevent the new public agency from providing special education services to the child while the evaluation is pending, subject to an agreement between the parent and the new public agency.
If the child receives special education services while the evaluation is pending, the new public agency still must ensure the child’s evaluation, considered an initial evaluation, is conducted within appropriate timelines. If the new public agency conducts an eligibility determination and concludes the student meets eligibility criteria for special education services, the new public agency still must develop and implement an IEP even though the student is already receiving special education services from the new agency.
If there is a dispute between the parent and the new public agency regarding whether an evaluation is necessary or the special education and related services that are needed to provide FAPE to the child, the dispute could be resolved through the mediation procedures or, as appropriate, the due process procedures. If a due process complaint requesting a due process hearing were filed, the public agency would treat the child as a general education student while the due process complaint is pending.
The new public agency must obtain written parental consent for the Initial REED. Reasonable steps to obtain consent may include calling, emailing, and mailing parents and should include documenting these contacts on the Plan page of the REED in Infinity. A certified letter may also be sent. The IEP team may develop and coordinate a plan to contact the parent utilizing multiple staff members and methods of contact. IEP teams who are concerned about parents refusing or not respond to requests for consent should contact their Regional Supervisor for assistance.
THIS SHOULD BE DOCUMENTED WITHIN THE REED PLAN PAGE UNDER THE ATTEMPTS TO CONTACT PARENTS SECTION.
Ultimately, if a parent does not provide consent for an initial evaluation, or fails to respond to a multiple documented requests to provide consent, the new public agency may (but is not required to) pursue the initial evaluation by utilizing consent override procedures such as the mediation procedures or the due process procedures. Students would continue to receive FAPE while teams work to obtain consent. If consent is not obtained as the 30-day deadline nears, IEP teams should contact their regional supervisor for assistance with deciding whether to utilize the consent override process.
In addition, IDEA is clear the public agency does not violate its obligation to identify, locate, and evaluate a child suspected of having a disability and needing special education and related services if it declines to pursue the evaluation. Similarly, if the parent does not provide consent for the new evaluation and the new public agency does not seek to override the parental refusal to consent to the new evaluation, the new public agency would treat the student as a general education student.
Because the student’s evaluation in this situation is considered an initial evaluation, and not a reevaluation, the stay-put provision does not apply. The new public agency would treat the student as a general education student and would not be required to provide the child with comparable services if a due process complaint is initiated to resolve the dispute over whether the evaluation should be conducted.