Transfer Rights
What happens to your child's IEP when you move to a new school district — including interim IEP requirements, timelines, and how to protect your child's services during a transition.
Page Information
Jurisdiction: Federal IDEA + California special education law
Reviewed: Pending expert review
This page is informational but is still being reviewed by a special education expert. Some details may change.
Transfer Rights
What Happens to Your Child's IEP When You Move
Moving to a new school district can be stressful for any family — and when your child has an , there are extra concerns. Will the new school honor your child's services? Will your child have to start over? Will there be a gap in support?
The good news is that federal and California law protect your child during a school transfer. The new district cannot simply ignore your child's existing IEP. They must provide services right away — even before they have a chance to hold their own IEP meeting. Understanding these rules will help you make sure your child's education continues without interruption.
The rules depend on where you're moving from:
- Within the same (Special Education Local Plan Area — a group of districts that share special education services): the new district must continue your child's current IEP services
- Within California but to a different SELPA: the new district must provide and has 30 days to adopt the old IEP or develop a new one
- From another state: the new district must provide comparable services and may conduct a new evaluation within 30 days if they determine one is necessary
Tip
No matter where you're moving from, the new school district must provide your child with FAPE — a Free Appropriate Public Education — from the moment your child enrolls. There should be no gap in services. If the school tells you they need time before they can start providing services, that is not consistent with the law.
Moving Within the Same SELPA
If you're moving to a different school within the same SELPA (for example, moving from one school to another within the same group of districts), the transition is the most straightforward. The new district must:
- Continue to provide all services described in your child's current IEP
- Implement the existing IEP as written
- Not require a new evaluation or new IEP meeting before starting services
This is the simplest transfer situation because the districts within a SELPA share the same special education plan and resources.
Moving to a Different SELPA Within California
If you're moving to a district in a different SELPA — which is common when you move to a different city or county — the new district must:
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Provide comparable services immediately. Starting on the day your child enrolls, the new district must provide services that are similar to what your child was receiving. "Comparable" means similar in type, frequency, and intensity.
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Within 30 days, either adopt the existing IEP or develop a new one. The new district has 30 days to review your child's records and either:
- Adopt the previous IEP and continue implementing it, or
- Hold a new IEP meeting and develop a new IEP
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Complete any necessary assessments within 30 days. If the new district determines a new evaluation is needed, they must complete it within 30 days of the transfer — not the standard 60-day timeline that applies to initial evaluations.
Tip
"Comparable" does not mean "identical." The new school might not have the exact same program or therapist. But the services must be similar enough that your child continues to make progress. If the new school offers significantly less than what your child was receiving, you have the right to challenge that.
Moving From Another State
If you're moving to California from another state, the new district must:
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Provide comparable services immediately. Even though your child's IEP was developed under a different state's rules, the California district must provide services that are comparable to what the out-of-state IEP described.
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Determine whether a new evaluation is necessary. California may have different eligibility criteria or assessment requirements than your previous state. The new district may decide to evaluate your child to determine eligibility under California standards.
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If evaluation is needed, complete it within 30 days. The expedited 30-day timeline applies — not the standard 60-day timeline.
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Develop a new IEP if appropriate. After the evaluation (or after reviewing existing records), the district will hold an IEP meeting to develop a new California IEP.
During this entire process, your child must continue to receive comparable services. There should be no gap.
What the Law Says
What To Do Next
- Get copies of everything before you move. Before leaving your current school, request complete copies of your child's IEP, most recent evaluation reports, progress reports, and any other educational records. Do not rely on the schools to transfer records quickly — have your own copies ready.
- Bring your child's IEP to the new school on the first day. When you enroll your child, hand the new school a copy of the current IEP and let them know your child receives special education services. Ask to speak with the special education department immediately.
- Ask about comparable services in writing. Within the first few days, send an email to the new school's special education coordinator asking: "What comparable services will my child receive starting now, and who will provide them?" Get the plan in writing.
- Track the 30-day timeline. Write down the date your child enrolls. The new district has 30 days to either adopt the existing IEP or hold a meeting to develop a new one. If that date passes without action, follow up in writing.
- Attend the new IEP meeting prepared. When the new district schedules an IEP meeting, bring your copies of the previous IEP, evaluations, and progress reports. Be ready to explain what was working for your child and what you want to see continue.
- Request Prior Written Notice if services are reduced. If the new district proposes services that are significantly less than what your child was receiving, ask for Prior Written Notice explaining why. You have the right to challenge any reduction in services.
Sample Letter: Notifying New School of IEP Transfer
Dear [Principal or Special Education Coordinator],
I am writing to inform you that my child, [Child's Name], is enrolling at [School Name] on [enrollment date]. [Child's Name] has an active Individualized Education Program (IEP) from [previous school/district name] in [previous city/state].
I have attached a copy of [Child's Name]'s current IEP, dated [IEP date], along with the most recent evaluation report and progress reports.
Under [IDEA Section 300.323 and California Education Code Section 56325], [School Name] is required to provide comparable services to those described in the attached IEP beginning on the date of enrollment. I would like to meet with the special education team as soon as possible to discuss how these services will be implemented.
Specifically, [Child's Name] currently receives:
- [List current services — for example: "Specialized academic instruction, 120 minutes per week"]
- [Example: "Speech-language therapy, 60 minutes per week"]
- [Example: "Occupational therapy, 30 minutes per week"]
- [Example: "Classroom accommodations including extended time on tests and preferential seating"]
Please contact me at the information below to schedule a meeting and confirm what comparable services will be in place for [Child's Name] starting [enrollment date].
Thank you, [Your Name] [Your Contact Information] [Today's Date]
Tips for a Smooth Transition
Tip
Keep a binder (physical or digital) with all of your child's special education records. Include: the current IEP, all evaluation reports, progress reports, report cards, and any important correspondence with the school. When you move, this binder is your most powerful tool for ensuring your child's services continue without interruption.
- Don't withdraw your child before the new school is ready. If possible, keep your child enrolled in the current school until the new school has confirmed they are prepared to provide services.
- Ask about transportation. If your child's IEP includes transportation as a related service, make sure the new district addresses this immediately.
- Follow up if records don't transfer. Schools are required to transfer records promptly, but delays happen. If the new school says they haven't received records, provide your copies and ask the school to follow up with the previous district.
- Know your child's rights to stay. If you are moving within the same district or SELPA and the school wants to change your child's placement, they must follow all the regular IEP and procedures. A transfer is not a shortcut to change services.
When to get one-on-one help from an advocate or attorney
Consider contacting an advocate or attorney if any of these apply:
- The district fails to respond to your assessment request within 15 days, misses the 60-day assessment deadline, or repeatedly refuses requests you've made in writing.
- Your child is losing instruction time, being disciplined frequently, or showing significant regression.
- The district wants to move your child to a different school or classroom against your wishes, or you are preparing for mediation or due process.