April's Case Study #1

B.

A District placement and services that had proven successful for other students with similar behaviors and profiles until it could further discuss the student's needs in an IEP meeting and assess.

A.

C.

Parents' chosen NPS until the District could assess the student's needs. Parents knew their child's needs best as the District did not have current information regarding Student's present levels & behavior.

Placement and services comparable to the Student's prior IEP, even though Parents informed the District Student an NPS, and the District did not have current information.

april's case study#1

The Facts of Student's Filing

• 8 y.o. student with autism, PICA and elopement behaviors transferred into the District in 11/2019 from a district in a different SELPA.
• Parent requested an NPS upon enrollment in the District.
• District offered interim services, then mod/severe SDC to help address behaviors, which included supervision across all settings, small class sizes and behavior intervention strategies.
• Parents refused, and said student needed the NPS given her behaviors and safety concerns.
• NPS had been providing advice to Parent about how to request the transfer since 10/2019.

Chino Valley Unified School District

OAH Case Nos. 2020060369/ 2020100601

ALJ: Jennifer Kelly

Now check out the facts and legal question, and you make the call!

This month's case study brought to you by:

Deborah Ettinger, dettinger@aalrr.com

Christine Huntoon, chuntoon@aalrr.com

What should the District have offered upon the student's transfer into the District with respect to her behaviors, and for how long?

What's your call?

Takeaways

If you selected "C" - you made the right call. When you learn of a mid-year transfer, obtain the last signed IEP ASAP, and provide comparable placement/services in the interim with parent input.

Hold IEP meeting within 30 days of transfer to discuss new IEP or adoption of prior IEP.

You don't have to wait until the 30-day IEP to offer an assessment plan, if appropriate.

C

B

A

Unfortunately, no. When a student transfers during the school year, their IEP placement and services still need to be based on their last consented to and implemented IEP. The law does not allow school districts to disregard the operative IEP and offer a program that is not based in comparable IEP services.

While this is option would be ideal for parents, school districts do not have an obligation to offer a parent's preferred school, whether it be a district school, NPS, or private school. However when there is a special education student transferring mid-year, parent input is vital as they are the IEP team member with the most relevant and knowledgeable information concerning the student. Their input should be taken into consideration and reflected in the IEP documentation and assessments.

You got it! For mid-year transfers, the new school district must provide Student with a FAPE with “comparable” services to those described in the last consented to and implemented IEP from the prior district, in consult with the parent, for no more than 30 days. Within 30 days of the transfer, the new school district must hold an IEP team meeting at which either the previous IEP is adopted, or a new IEP is developed.

(20 U.S.C. 1414(d); 34 C.F.R. 300.323(e); Ed. Code 56043(m)(1) & 56325(a)(1))

DISCLAIMER: This AALRR Case Study is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles presented may differ substantially in individual situations. Receipt of this or any other AALRR presentation/publication does not create an attorney-client relationship. The OAH decision being presented is reflective on the status of this case upon first publication and is not indicative of any appeal process or subsequent ruling overturning any part of OAH;s decision. This Firm is not responsible for inadvertent errors that may occur in the