IN DISTRICT TRANSFERS FOR STUDENTS WITH DISABILITIES...

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WSD #103 7/14/10 lp IN DISTRICT TRANSFERS FOR STUDENTS WITH DISABILITIES Steps for In-District Transfers: 1. Sending Case Manager informs the receiving school's case manager about the student changing schools and makes sure that the Special Education file is transferred with the cumulative file after updating any necessary information. 2. Receiving case manager reviews the IEP and implements it as written, if possible. If there are questions please contact the previous case manager. If needed the new IEP team should meet to discuss any appropriate revisions to the IEP. 1 An IEP is a district commitment, not a school commitment. The IEP goes with the student. Review file to determine if all required forms and documentation are present. An IEP must be implemented as written. If staff does not understand the IEP or cannot implement the services as written, convene IEP meeting.

Transcript of IN DISTRICT TRANSFERS FOR STUDENTS WITH DISABILITIES...

WSD #103 7/14/10 lp

IN DISTRICT TRANSFERS FOR

STUDENTS WITH DISABILITIES

Steps for In-District Transfers:

1. Sending Case Manager informs the receiving school's case manager

about the student changing schools and makes sure that the Special

Education file is transferred with the cumulative file after updating

any necessary information.

2. Receiving case manager reviews the IEP and implements it as written, if possible. If there are questions please contact the previous case

manager. If needed the new IEP team should meet to discuss any

appropriate revisions to the IEP.

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� An IEP is a district commitment, not a school

commitment. The IEP goes with the student.

� Review file to determine if all required forms

and documentation are present.

� An IEP must be implemented as written. If

staff does not understand the IEP or cannot

implement the services as written, convene

IEP meeting.

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STUDENTS WITH DISABILITIES

TRANSFERRING WITHIN OREGON

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Student Moves into Woodburn School

District from another Oregon District

Call or email the Student Services

Secretary in the Student Services Office

to enter the student into SEAS --- include

full student name, birth date, District ID #

and SSID #. She will enter all the

demographic information in the

program for you to get started

Using the Move-In File Review Form

make sure all the listed documentation is

present and meets the OAR's -- list the

eligibility code(s) and most recent

eligibility date(s) and the current IEP

date on the Move-In File Review Form

Send in copies of all the items reviewed

(Consent for Initial Provision, Consent for

Evaluation, Eligibility documents and IEP

along with the Move-In File Review Form

to the Student Services Office

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Detailed Information Regarding Review of Documents A. Eligibility

1. If a student has been found eligible for special education by any school district in Oregon, and then moves to Woodburn School

District, the student continues to be eligible for special

education. Complete the Move-In File Review form.

2. If a building team suspects that the student is no longer eligible

for special education, it shall initiate reevaluation of the student.

3. If Woodburn School District is unable to obtain a current eligibility

statement and supporting documentation from the former

school district, it shall initiate a reevaluation of the student to

obtain or complete the needed information.

4. If Woodburn School District is unable to obtain an Oregon Prior

Notice and Consent for Initial Placement into Special education,

the primary provider shall have the parent sign a new one

before services are initiated.

5. If an evaluation or reevaluation that was initiated in the previous

Oregon district is likely to take longer than 60 school days,

complete the Written Agreement Between Parent and the

District: Completion of Evaluation of Transfer Student.

• Complete the demographic information.

• Casemanager explains to the parent that this agreement is

voluntary (not required) and prints name and date in box

under demographics.

• Casemanager fills in date by which evaluation will be

completed.

• Director of Student Services and parent sign and date the

agreement.

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B. IEP and Placement

1. When a student moves into Woodburn School District with a

current IEP from another Oregon district and if it meets state and

district standards, implement the IEP and send a copy of the IEP

to the Student Services Office along with a Move-In File Review

form.

2. If you are unable to obtain a copy of a current Oregon IEP or

decide not to implement the other district’s IEP, convene an IEP

meeting to develop an interim IEP for the student. Typically, this

meeting should be convened within one week of the student’s

enrollment in the school district. Documentation of this meeting

shall include:

• Notice of Team Meeting

• Special Education Action Form

• New or Revised IEP

• Meeting Minutes page(s)

3. The IEP must be implemented even if the district concludes that

it needs more evaluation or assessment data to review eligibility

and/or to make IEP decisions. Once the district completes the

needed evaluation, the district must reconvene the IEP team if

the evaluation/assessment results suggest that changes in the IEP

or eligibility would be appropriate. If the further

evaluation/assessment included a Prior Notice and Consent for

Evaluation the team is required to convene and complete

eligibility documents indicating whether the student continues to

be eligible for services. The IEP may or may not need to be

revised based on this information.

4. The district must review and determine the student’s placement

based on the IEP to be implemented. If the former placement

meets state and district standards, implement that placement

and send a copy of this with the IEP to the Student Services

Office.

5. If the former placement will not be implemented, you must

convene a placement meeting within one week of the student’s

enrollment in Woodburn School District to change the special

education placement.

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6. Documentation of the change in placement will include:

• Notice of Team Meeting

• Special Education Action Form

• New or Revised Placement Determination

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OREGON TRANSFERS

(Meet within one week of enrollment if considering

changes in eligibility, IEP, or Placement

I. Enrollment

A. Parent signs Permission to Obtain Information form

B. Call former teacher/district for information on current eligibility, evaluation, IEP, and placement

II. Review Eligibility Statement and Documentation

A. Meet state requirements � Eligible � Maintain other district’s eligibility date

B. Cannot obtain � Reevaluation to fill in missing requirements

C. Questionable eligibility � Reevaluation � New eligibility meeting date

III. Prior Notice and Consent for Initial Provision of Special Education Services

A. Meets state standards � Accepted by Woodburn School District B. Cannot obtain � Parents sign new consent before services are implemented

IV. Review IEP

A. Meets state and district standards � Implement

B. Cannot obtain � Develop interim IEP and initiate reevaluation

C. Cannot implement as written � Develop interim IEP and initiate reevaluation

V. Annual Placement

A. Meets state and district standards � Implement B. Cannot obtain/cannot implement � New placement determination based on IEP

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Need: � Permission to Obtain Information

Need: � Referral and Consent for Evaluation; � Written Agreement Between Parent

and District (if needed) � Meeting Notice*; � Eligibility Statement � Prior Notice of Special Education Action

Need: � Consent for Initial Provision

Need: � Prior Notice of Special Education Action; � Consent for Evaluation; � Meeting Notice*; � IEP

Need: � Prior Notice of Special Education Action; � Meeting Notice*; � Placement Determination

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STUDENTS WITH DISABILITIES TRANSFERRING TO AN

OREGON SCHOOL DISTRICT FROM OUT OF STATE

When a student with a disability enrolls in an Oregon school district from

another state, the school district must:

(a) determine whether the student is eligible for special education

under the Individuals with Disabilities Education Act (IDEA) and

Oregon regulations, and if so,

(b) adopt or develop and implement a current IEP and placement

for the student.

(1) If the documentation is available to verify that the current out-of-state

eligibility(using the Move-In Review Form and Re-Evaluation Planning

Form), IEP, and Special Education Placement comply with Oregon and

Woodburn School District standards, a meeting is convened to

complete Oregon paperwork. This meeting will occur within one week

of the student’s enrollment in Woodburn School District. At this

meeting, the following Oregon documents shall be completed:

• Notice of Team Meeting (sent prior to meeting)

• Move-In File Review form

• Re-Evaluation Planning Form

• Oregon Eligibility Statement based on complete supporting

documentation from out-of-state district

• Prior Notice and Consent for Initial Provision of Special Education

Services

• Oregon IEP documents

• Placement Determination

• Meeting Minutes pages

• Prior Notice of Special Education Action if needed to document

any changes in eligibility, IEP, or placement

(2) If the district anticipates that the process of establishing Oregon

eligibility or developing an appropriate IEP and placement will take

more than a few days, the district must take steps to assure the

student’s right to a free appropriate public education (FAPE) during

the evaluation, eligibility and IEP process (Step 1 below). The team will

develop an interim IEP (based on current data/information available),

which may be short term in nature until the district completes the

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evaluation/eligibility process (Step 2) and conducts a meeting to

review and/or revise the IEP (Step 3). In some situations, Steps 1 and 2

will overlap in time. This process will also be used when students

transfer into the district with eligibility or IEP paperwork that has expired

or with partially completed evaluations.

Step 1: Enrollment/Protection of FAPE

Enrollment procedures need to include a method for determining

whether a student was on an IEP in the out-of-state school district. If

the district has reason to believe that the student was on an IEP in out-

of-state school district, the district must take steps to assure that the

student continues to receive special education during the process of

determining eligibility in Oregon, completing the IEP, and determining

placement.

1. Planning and implementing services. Assuming the district has good

evidence (i.e. prior special education placement) that an out-of-

state transfer student may be disabled, we may be required to

provide FAPE during our review. If the process of determining

Oregon eligibility, adopting or developing an IEP and determining

placement is likely to take more than a few days, the district needs

to take steps, outlined below, to assure that the student has access

to services during the process. District staff need to document and

date their decision.

A. Develop and implement a current interim IEP pending

completion of the eligibility, IEP, and placement process. If the

student’s out-of-state IEP is available, the district may complete

an Oregon IEP cover sheet and adopt and implement the out-

of-state IEP goals as the interim IEP. An IEP meeting should be

convened within one week of the student’s enrollment in

Woodburn School District. Portions of the out-of-state IEP’s

should be adopted only if they:

1) Appear to be appropriate; 2) Are current; 3) Are understandable to school district staff and parents, and

can be implemented as written; and,

4) Are agreeable to school district staff and parents. B. If the district does not have enough information to reasonably

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believe that the student was on an IEP, but believes that the

student has a disability that will impact the student’s access to

school or educational performance, the district could develop

and implement a current 504 plan or other personalized

intervention plan of appropriate services pending completion of

the evaluation and eligibility process.

2. Prior Notice and Consent for Initial Provision of Special Education Services. When a student moves in from out of state and is placed

in special education, the placement is considered an initial

provision of services. The district must give prior written notice and

get informed written consent from parents before providing special

education services. Once the district has written parent consent, it

may implement the IEP and placement. Consent for Initial Provision

of Special Education Services must be obtained prior to

implementing services even if the student does not yet have a valid

Oregon eligibility.

3. Move In File Review must be completed and sent to Student

Services Office with copies of the paperwork reviewed.

4. Due Process and “stay put.” A. If parents disagree with the proposed plan or placement and

refuse to sign the consent, the student would remain in regular

education pending completion of the eligibility, IEP, and

placement process.

B. If the parent requests a due process hearing, the student would

remain in regular education pending completion of the dispute

resolution procedures.

C. The district may not seek a due process hearing to override a

parent’s refusal of services pending completion of the eligibility,

IEP, and placement process.

Step 2: Eligibility/Evaluation

If evaluation and/or eligibility documents are available, the district

needs to convene an evaluation planning/eligibility meeting

(document existing information using the Re-Evaluation Planning Form).

Oregon eligibility must be established. The parent is invited to this

meeting.

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1. If existing documentation is current and meets Oregon eligibility

rules, the team completes an Oregon eligibility statement and gives

a copy of this statement and the supporting Re-Evaluation Planning

Form (acts as the evaluation report) to the parent. The 3 year re-

evaluation would based on this meeting date.

2. If the team concludes that further evaluation is needed to

determine eligibility or suspects that the student is not eligible:

A. The evaluation is treated as an initial evaluation – staff must give

written prior notice and obtain informed written consent from the

parent before conducting the evaluation.

1) If parents consent, the district must conduct the evaluation

without undue delay.

2) If parents refuse to consent to the evaluation, the district

may continue to pursue an evaluation by utilizing mediation

and due process procedures.

B. When the evaluation is completed, the team needs to be

reconvened to determine eligibility.

1) If the team concludes that the student is eligible, complete

an Oregon eligibility statement and provide the parent with

a copy of the eligibility and evaluation documents.

2) The three year reevaluation date would be three years from

the new eligibility date.

3) If the team concludes that the student is not eligible,

parents must be given prior written notice of this decision

(Prior Notice of Special Education Action), along with a

copy of the evaluation report and statement of non-

eligibility. A decision to deny eligibility for a student who

was eligible for special education in another state should be

based on a current, complete evaluation. The team may

need to consider whether the student has a disability under

Section 504 of the Rehabilitation Act.

Step 3: Developing a New IEP and Placement

After Oregon eligibility is determined and before the interim IEP has

expired, the team will convene an IEP and Placement meeting. This is

typically done in conjunction with the eligibility meeting.

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1. Developing a new IEP:

A. A new IEP should be and a Prior Notice of Special Education

Action form should be used to document the reasons that the

new IEP was developed.

B. If a new IEP is developed, the annual IEP review should occur

within one year of the date of the new IEP.

C. If a new IEP was adopted under Step 1, the school district would

only need to convene an IEP meeting under Step 3 if the

evaluation suggests a need for a change in the IEP or if the IEP

needs to be changed for any other reason.

D. Move In Referral form must be completed and sent to Student

Services Office.

2. Determining Placement:

A. The placement team must determine placement consistent with

the current IEP and least restrictive environment rules, whether

the out-of-state IEP is adopted or a new IEP is developed.

B. If placement is a change from the district’s initial special

education placement of the student (Step 1) the district would

need to give prior written notice of change in placement, using

the Prior Notice of Special Education Action form.

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Student moves into WSD

with Out-of-State Special

Education Eligibility

IEP team meets within 2 weeks to review the student's Special Education file

using the Move-In File Review Form (can be completed prior to the team

meeting) and the Re-evaluation Planning Form to determine if there is enough

information to determine Initial Eligibility in Oregon. Implement IEP services

ASAP.

Yes, there is

enough info No, there is

not enough info

IEP Team completes the

following:

• Oregon Eligibility Forms

(attach Re-Evaluation

Planning form)

• Prior Notice of SPED

Action (if change in

eligibility)

• Oregon IEP

• Placement

• Initial Provision of SPED

• Meeting minutes

• Meeting Notice

Send copies of the completed

paperwork (including the

Move-In File Review) to the

appropriate recipients

IEP team completes the

following:

• Consent for Evaluation

• Test Descriptors Page

• Referral Form

• May need medical

and/or release forms

• Interim IEP

• Prior Notice and

Consent for Initial

Provision of SPED

• Move-In File Review with

Out-of-State documents

attached

• Meeting Minutes

• Meeting notice

Send copies of paperwork to

the appropriate recipients

Upon completion of the

Evaluation (within 60 school

days) the team will meet to

determine Initial Eligibility,

Consent for Initial Provision of

SPED and develop an IEP

Send copies of the completed

paperwork to the appropriate recipients.

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RECORDS TRANSFER PROCEDURES

1. The previous public agency in which the child was enrolled must take

reasonable steps to promptly respond to the records request from the

new public agency.

2. Transmission of any of the student’s records must include both the

current IEP and any statement of current or previous disciplinary action

that has been taken against the child.

3. Both the cumulative and special education records must be forwarded

to the requesting school within 10 school days of the request.

4. Original student records are transferred to other Oregon public schools.

Copies of these records may be transferred when records are

requested from out of state or private schools.

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Students with Disabilities Transferring from Residential,

Psychiatric or Day Treatment Facilities

If a student transfers into or returns to Woodburn School District from a

residential, psychiatric or day treatment facility and receives special education

services, the school district is responsible for implementing the services in a

timely manner consistent with the procedures previously described in this

section.

When the Woodburn School District or the Woodburn Welcome Center

(enrollment center) is made aware that a student is transferring in from such a

facility they are to contact the Student Services Office immediately. DO

NOT ENROLL student at this time. Provide the Student Services Office with

all the demographic information of the student including the parent(s) phone

numbers.

The Student Services Office will make immediate contact with the previous

treatment facility and send/fax them a Student Educational Transition

Summary to complete and return to the Student Services Office.

The Student Services Office will convene a meeting with the parent, student, if

possible, school building behavior/IEP team and representative from treatment

facility, if available, to review and establish supports for the student to be

successful in the regular school setting.

After the meeting, the parent will be allowed to enroll their child and school can

begin services immediately. All other procedures regarding transferring

students described previously in this section shall apply.

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