Moving to New Residence

When a child transfers into a district from another SELPA, an interim placement shall be provided for the child to continue the existing IEP, to the extent possible, unless the parent or guardian agrees otherwise. Before the end of 30 days, the IEP team reviews the interim placement and makes a final recommendation. In deciding the placement, the IEP team may use information, records, and reports from the school district or county program from which the child transferred. If the parents of a child with a disability, who previously received special education and related services under the authority of a LEA, enroll the child in a private elementary or secondary school without the consent of or referral by the LEA, a court or a hearing officer, such LEA may be required to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the LEA had not made a free appropriate public education available to the child in a timely manner prior to that enrollment.

However, the cost of reimbursement by the LEA may be denied by the hearing officer or court, or reduced if:

  • at the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the LEA to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or
  • 10 business days prior to the removal of the child from the public school, the parent did not give written notice to the public agency of the information described in section 1; or
  • if, prior to the parents removal of the child from public school, the LEA informed the parents of its intent to evaluate the child, including a statement of the purpose of the evaluation that was appropriate and reasons, but the parents did not make the child available for such evaluation; or
  • upon a judicial finding of unreasonableness with respect to the actions by the parents.

When a child is placed in a nonpublic school or agency, the nonpublic school or agency must notify the parents of their responsibility to report each change in residence. The notice is in writing and is given at the time that nonpublic school (NPS) or nonpublic agency (NPA) placement is recommended. The notice will include an explanation that the contract for services is between the contracting district/SELPA and the NPS or NPA and obligates no other in the event of a residence change. When an individual receiving services in a NPS or NPA changes residence, and this change constitutes a change of local education agencies (LEA), the parent should immediately report the change of residence to the administrator of both the former and new public school and the NPS or NPA.

RESOURCES

SCHOOL DISTRICT DATA RESOURCES

  • GreatSchools.Net
    Elementary, middle and high school information for public, private and charter schools nationwide.
  • SchoolMatters
    A public source for information and analysis about our nation's public schools.
  • California Department of Education DataQuest
    DataQuest helps you find facts about California schools and districts including data on Special Education programs.

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