Transfer Students, Including Transfer of Records
Side-by-Side Comparison
ECEA Rules 2006
ECEA Rules 2009
4.03 Procedures for Transfer
Students
The transfer procedures in this section
shall apply if a child moves into an
administrative unit from another
administrative unit in Colorado, or
from another state and is known to have
been receiving special education
services.
4.03 Individualized Education
Programs
The term “Individualized Education
Program” or “IEP” means a written
statement for each child with a disability
that is developed, reviewed and/or
revised in accordance with these Rules.
Except as is otherwise set forth in this
Section 4.03, the requirements
regarding IEPs shall be consistent
with 34 CFR §300.320 through
§300.325.
The director of special education or
designee, shall pursue one of the
following options:
4.03(1) For students transferring
within the state:
4.03(1)(a) Provide services
immediately in accordance with the
child's IEP. All requirements for
reviews shall be followed and a copy of
the IEP shall be on file.
4.03(1)(b) Provide the child with
interim special education and
related services agreed to by the
parent(s) and the director of special
education or designee, while waiting
for the record of the IEP. Should the
record of the IEP not be received
within a reasonable amount of time,
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4.03 (1) The requirements governing
when IEPs must be in effect shall be
consistent with 34 CFR §300.323. The
topics addressed by 34 CFR §300.323
include:
4.03 (1) (f) IEPs for children who
transfer public agencies within the
State;
4.03 (1) (g) IEPs for children who
transfer from another State; and
4.03 (1) (h) Transmittal of records.
IDEA 2006
§ 300.323 When IEPs must be in
effect.
(e) IEPs for children who transfer public
agencies in the same State. If a child
with a disability (who had an IEP that
was in effect in a previous public agency
in the same State) transfers to a new
public agency in the same State, and
enrolls in a new school within the same
school year, the new public agency (in
consultation with the parents) must
provide FAPE to the child (including
services comparable to those
described in the child’s IEP from the
previous public agency), until the new
public agency either—
(1) Adopts the child’s IEP from the
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ECEA Rules 2006
ECEA Rules 2009
the administrative unit must refer the
child for complete assessment and
planning in accordance with these
Rules. The referral and assessment
process must be initiated so as to allow
the completion of the IEP within 30
school days from the date enrollment
was requested.
IDEA 2006
previous public agency; or
(2) Develops, adopts, and
implements a new IEP that meets the
applicable requirements in §§ 300.320
through 300.324.
§ 300.304 Evaluation procedures.
(c)(5) Assessments of children with
disabilities who transfer from one
public agency to another public agency
in the same school year are coordinated
with those children’s prior and
subsequent schools, as necessary and as
expeditiously as possible, consistent
with § 300.301(d)(2) and (e), to ensure
prompt completion of full evaluations.
4.03(1)(c) Refer the child for a
complete assessment and planning
in accordance with these Rules in the
meantime providing services as
indicated on the last agreed upon IEP
or providing special education and
related services as agreed to by the
parents and the director of special
education and documented in the
student’s record. Such assessment
and planning shall be completed
within 30 school days.
4.03(1)(d) Services to a child moving
into an administrative unit and known
to have been receiving special education
services, utilizing one of the above three
options, shall commence according to
the following:
4.03(1)(d)(i) immediately, if the
services/program are available,
4.03(1)(d)(ii) within 3 school days of
requested enrollment if the
services/program need to be developed,
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ECEA Rules 2006
ECEA Rules 2009
IDEA 2006
or
4.03(1)(d)(iii) other options agreed to
in writing by the parent(s).
4.03(2) For students transferring from
another state:
§ 300.323
(f) IEPs for children who transfer from
another State. If a child with a disability
(who had an IEP that was in effect in a
previous public agency in another
State) transfers to a public agency in a
new State, and enrolls in a new school
within the same school year, the new
public agency (in consultation with the
parents) must provide the child with
FAPE (including services comparable
to those described in the child’s IEP
from the previous public agency),
until the new public agency—
403(2)(a) The administrative unit
must ascertain whether it will adopt
the most recent evaluation and IEP
developed in the previous state;
4.03(2)(b) If the administrative unit
elects to adopt the most recent
evaluation and IEP from another state
and determines that the IEP meets
Colorado’s education standards that IEP
can be implemented;
(1) Conducts an evaluation pursuant
to §§ 300.304 through 300.306 (if
determined to be necessary by the new
public agency); and
4.03(2)(c) If the administrative unit
elects not to adopt the out of state
evaluations and IEP it must seek consent
to conduct an initial evaluation;
(2) Develops, adopts, and
implements a new IEP, if appropriate,
that meets the applicable requirements
in §§ 300.320 through 300.324.
4.03(2)(d) While the evaluation is in
process the administrative unit shall
provide the student with interim special
education and related services agreed to
by the parent, unless the parent and
administrative unit are unable to agree
upon interim services, in which case the
student shall be placed in the regular
school program;
4.03(2)(e) If the parent disagrees with
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ECEA Rules 2006
ECEA Rules 2009
IDEA 2006
the new evaluation or the proposed IEP
a due process hearing can be requested.
During the pendency of the hearing, the
student could be placed in the program
proposed by the administrative unit,
with the parents’ agreement, or another
placement on which the parent and
administrative unit agree. However, if
the parent does not agree to place the
student in the program proposed by the
administrative unit and no other interim
placement can be agreed upon the
administrative unit shall place the
student in the regular educational
program.
4.04 Diagnostic Services
If an administrative unit places a child
for diagnostic purposes as part of an
initial evaluation, the following
requirements shall be met:
There is no provision in ECEA 2009
for Diagnostic Services.
There is no provision in IDEA 2006
for Diagnostic Services.
Follow requirements for initial
evaluation for special education
eligibility in ECEA 4.02(4)
Follow requirements for initial
evaluation for special education
eligibility in IDEA 34 CFR §300.301
4.04(1) The administrative unit shall
obtain written permission for assessment
as well as written permission for
temporary special education and related
services for diagnostic purposes from the
child's parent(s) or guardian(s), and
documentation of this permission shall
be maintained in the child's file.
4.04(2) An initial eligibility meeting shall
be held within 30 school days of the
diagnostic placement.
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ECEA Rules 2009
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4.04(3) The child shall not be reported
as having a disability for state and
federal funds during the period of
provision of services for diagnostic
purposes.
6.01(5) Transfer of records.
Special education records shall be
transferred as part of the general
school records from one administrative
unit, private school or approved facility
to another upon written or verbal
request of the parent or school
official when the child has transferred.
Written consent of the parent is not
required to transfer education
records (including assessment
information and the IEP) from one
education agency to another for the
purpose of provision of appropriate
educational services. When a child
transfers from one administrative unit
or facility to another and special
education records are transferred:
4.03 (1) (h) Transmittal of records.
(1) The new public agency in which
the child enrolls must take reasonable
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 or related services to
the child, from the previous public
agency in which the child was enrolled,
pursuant to 34 CFR 99.31(a)(2); and
(2) The previous public agency in which
the child was enrolled must take
reasonable steps to promptly
respond to the request from the new
public agency.
6.01(5)(a) All applicable timelines
shall transfer.
6.01(5)(b) All items of written
consent shall transfer.
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§ 300.323 (g) Transmittal of
records. To facilitate the transition for a
child described in paragraphs (e) and (f)
of this section—
§ 300.622 Consent.
(a) Parental consent must be obtained
before personally identifiable information
is disclosed to parties, other than
officials of participating agencies in
accordance with paragraph (b)(1) of
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ECEA Rules 2006
ECEA Rules 2009
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this section, unless the information is
contained in education records, and the
disclosure is authorized without parental
consent under 34 CFR part 99.
(b)(1) Except as provided in paragraphs
(b)(2) and (b)(3) of this section,
parental consent is not required
before personally identifiable
information is released to officials of
participating agencies for purposes
of meeting a requirement of this
part.
(2) Parental consent, or the consent of
an eligible child who has reached the
age of majority under State law, must
be obtained before personally
identifiable information is released to
officials of participating agencies
providing or paying for transition
services in accordance with
§300.321(b)(3).
(3) If a child is enrolled, or is going
to enroll in a private school that is
not located in the LEA of the
parent’s residence, parental consent
must be obtained before any
personally identifiable information about
the child is released between officials in
the LEA where the private school is
located and officials in the LEA of the
parent’s residence.
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