This is from Wrightslaw.com If you go there and put in IEP new school, in the search engine(search wrightslaw.com) you should find more information.
"When children with disabilities move to a new different school district - in the same state or a different state - the new school district must provide services that are comparable to the services in the previous IEP.
There is no provision in the law to wait one day, one week, one month or 90 days to do this.
Congress added this provision to IDEA 04, apparently because they were fed up with administrators who dragged their feet when kids moved - causing harm to the child who is already dealing with issues related to the move and a new school.
Here is what IDEA 2004 says, quoted directly from Wrightslaw: Special Education Law, 2nd Edition, pages 102-103:
Transfer Within the Same State
"In the case of a child with a disability who transfers school districts within the same academic year, enrolls in a new school, and who had an IEP that was in effect in the same state, the LEA (school district) shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents, until such time as the school district adopts the previous IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law."
Transfer Outside State
"In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another state, the school district shall provide such child with a free appropriate public education, including services comparable to those described in the previous IEP, in consultation with the child's parents until such time as the district conducts an evaluation, if determined to be necessary, and develops a new IEP, if appropriate, that is consistent with Federal and State law."
The Commentary to Regulation 300.323(f) states that "the Department interprets 'comparable' to have the plain meaning of the word, which is 'similar' or 'equivalent.'"
Transmittal of Records
The IDEA also sates that "the new school shall take steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education and related services to the child..."
Hope this helps
