Increasing the dialogue among stakeholders in New Jersey’s special education system

Leaders at the U.S. Department of Education (DOE) have clarified the responsibilities of local school districts to provide services to “highly mobile” students, such as those in foster care or homeless, children of migrant workers, and children in military families.

In response to pressure from advocates, the DOE issued a letter detailing school districts’ obligations under the Individuals with Disabilities Education Act (IDEA) to provide timely evaluations and ensure the continued provision of services when a child transfers into a new school district.

According to the letter, a child with disabilities moving to a new school is entitled to receive services that are “similar or equivalent” to those provided in his or her last placement, including extended school year (ESY) summer programming. When a student changes schools within the same state, such services must be provided until the new school either adopts the student’s existing IEP from the originating school or develops and implements a new one. When a child moves out of state, “comparable” services must be offered until an evaluation is conducted, if needed, and a new IEP is put in place.

Federal officials urged school districts to work together to ensure that children who move while they are in the process of being evaluated do not experience delays. DOE specified that schools should expedite evaluations for such students so that assessments can be completed within 30 days.

Click here to read the letter.