Volume 2, Issue 1 Special Education Transfer Students · PDF fileVolume 2, Issue 1 Special...
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www.berrienresa.org SENTINEL Volume 2, Issue 1 Special Education Transfer Students Released: September 17, 2012 Contact Information: Berrien Regional Education Service Agency 711 St. Joseph Ave. P.O. box 364 Berrien Springs, MI 49103 (269) 471-7725 www.berrienresa.org Eric Hoppstock Assistant Superintendent/ Chief Academic Officer [email protected] Craig Blasko Supervisor of Ancillary Services and Programs [email protected] Shari Lidgard-Pullins, Supervisor of Ancillary Services and Compliance [email protected] Tina Lawson Principal, Blossomland Learning Center [email protected] Sally Brueck Asst. Principal, Blossomland Learning Center [email protected] Mike Marinello Principal, Lighthouse Education Center [email protected] Sandi Brueck Asst. Principal, Lighthouse Education Center [email protected] The views and perspectives shared in the “Special Education Sentinel” may not necessarily reflect those of the Berrien Regional Education Service Agency, affiliated schools, staff or board members. To receive the “Special Education Sentinel” electronically, please visit www.berrienresa.org and visit the Communication page. Additional newsletters are also available. Special Education Special Education Transfer Students Special Education transfer students are those students that have received spe- cial education programs and/or services in another public education agency and transfer into your school system. Of these transfer students there are two types: 1) In-State transfers and 2) Out- of-State transfers. The Michigan Administrative Rules for Special Education (MARSE) at R 340.1721b(5) when addressing time lines states: (5) For students with an individualized education program in effect at a previ- ous public agency who transfer public agencies within the same school year, the new public agency shall immedi- ately provide a free appropriate public education. A decision regarding imple- mentation of an individualized education program in accordance with 34 CFR § 300.323 shall be made within 30 school days of enrollment. The federal regulations at 34 CFR §300.323(e) When IEP must be in effects states: (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 ser- vices comparable to those described in the child’s IEP from the previous public agency), until the new public agency ei- ther – (1) Adopts the child’s IEP from the previous public agency; or (2) Develops, adopts, and implements a new IEP that meets the applicable requirements in §§ 300.320 through 300.324. (f) IEPs for child 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 agency), until the new public agency – (1) Conducts an evaluation pursuant to §§ 300.304 through 300.306 (if deter- mined to be necessary by the new public agency); and (2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §§ 300.320 through 300.324. The key to both Michigan and Federal regulations is to remember that when a public agency/district becomes aware that a student has received a special education program and/or services there is an obligation to immediately provide FAPE or services similar to those the student has received in the prior public agency/district. For transfer students within Michigan (thus being found eligible under Michigan criteria) the district may implement the prior IEP or develop a new IEP, as long a completed within 30 school days. For transfer students outside of Michigan (never found eligible in Michigan) you must start the Review of Existing Evalu- ation Data (REED) process to deter- mine Michigan eligibility. If eligible, then develop an appropriate IEP within 30 school days.
Transcript of Volume 2, Issue 1 Special Education Transfer Students · PDF fileVolume 2, Issue 1 Special...
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Sentinel Volume 2, Issue 1Special Education Transfer Students
Released: September 17, 2012
Contact Information:
Berrien Regional Education Service Agency711 St. Joseph Ave.P.O. box 364Berrien Springs, MI 49103(269) 471-7725 www.berrienresa.org
Eric HoppstockAssistant Superintendent/Chief Academic [email protected]
Craig BlaskoSupervisor of Ancillary Services and [email protected]
Shari Lidgard-Pullins,Supervisor of Ancillary Services and Compliance [email protected]
Tina LawsonPrincipal, Blossomland Learning [email protected]
Sally BrueckAsst. Principal, Blossomland Learning [email protected]
Mike MarinelloPrincipal, Lighthouse Education [email protected]
Sandi BrueckAsst. Principal, Lighthouse Education [email protected]
The views and perspectives shared in the “Special Education Sentinel” may not necessarily reflect those of the Berrien Regional Education Service Agency, affiliated schools, staff or board members.
To receive the “Special Education Sentinel” electronically, please visit www.berrienresa.org and visit the Communication page. Additional newsletters are also available.
Spec ia l Educat ion
Special Education Transfer Students
Special Education transfer students are those students that have received spe-cial education programs and/or services in another public education agency and transfer into your school system. Of these transfer students there are two types: 1) In-State transfers and 2) Out-of-State transfers.
The Michigan Administrative Rules for Special Education (MARSE) at R 340.1721b(5) when addressing time lines states:
(5) For students with an individualized education program in effect at a previ-ous public agency who transfer public agencies within the same school year, the new public agency shall immedi-ately provide a free appropriate public education. A decision regarding imple-mentation of an individualized education program in accordance with 34 CFR § 300.323 shall be made within 30 school days of enrollment.
The federal regulations at 34 CFR §300.323(e) When IEP must be in effects states:
(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 ser-vices comparable to those described in the child’s IEP from the previous public agency), until the new public agency ei-ther – (1) Adopts the child’s IEP from the
previous public agency; or (2) Develops, adopts, and implements a new IEP that meets the applicable requirements in §§ 300.320 through 300.324. (f) IEPs for child 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 agency), until the new public agency – (1) Conducts an evaluation pursuant to §§ 300.304 through 300.306 (if deter-mined to be necessary by the new public agency); and (2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in §§ 300.320 through 300.324.
The key to both Michigan and Federal regulations is to remember that when a public agency/district becomes aware that a student has received a special education program and/or services there is an obligation to immediately provide FAPE or services similar to those the student has received in the prior public agency/district. For transfer students within Michigan (thus being found eligible under Michigan criteria) the district may implement the prior IEP or develop a new IEP, as long a completed within 30 school days. For transfer students outside of Michigan (never found eligible in Michigan) you must start the Review of Existing Evalu-ation Data (REED) process to deter-mine Michigan eligibility. If eligible, then develop an appropriate IEP within 30 school days.
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Below is specific Berrien County guid-ance on this issue:
In State (within Berrien county) 1. Go into Illuminate – Fill out “Permis-sion to Place” (Options) :
a. Accept previous district IEP & select a provider from the drop down box.
Then print & publish.
If you need to amend the previous district’s IEP you accepted make these changes – via an amendment (it’s listed as “Addendum” in Illuminate)
-OR-
b. Place student in an appropriate program/service and develop an IEP in 30 days
-OR-
c. If the student previously attended your district but has now returned, and the IEP your district wrote is still current, you can reactivate that IEP or make an amendment ONLY if an IEP was not developed in the previous district
2. Provide to the parent:
a. A copy of “Permission to Place” form from Illuminate
b. Written notice indicating the district’s offer of FAPE
(Sample of written notice, “In State Transfer form” can be found on the Berrien RESA website).
In State (outside Berrien county)1. Go into Illuminate – Fill out “Permission to Place” (Options) :
a. Accept previous district IEP as is
Enter the program/services the student received in the previous district
Then select a provider within your dis-trict from the drop down box
If you need to amend the previous
district’s IEP you just accepted make those changes on paper – via an Amendment - (The Amendment form can be found on the Berrien RESA website).
-OR-
b. Place student in an appropriate program/service and develop an IEP in 30 days
-OR-
c. If the student previously attended your district but has now returned and the IEP your district wrote is still cur-rent, you can reactivate that IEP or make an amendment to it. ONLY if an IEP was not developed in the previous district
2. Provide to the parent:
a. A copy of “Permission to Place” form from Illuminate
b. Written notice indicating the district’s offer of FAPE (Sample of written notice “Out of State Transfer form” can be found on the Berrien RESA website).
Out of State
1. Go into Illuminate – Fill out “Permis-sion to Place” Chose the option: Place student in an appropriate program/ser-vice and develop an IEP in 30 days
2. Provide to the parent:
a. A copy of “Permission to Place” form
b. Written notice indicating the district’s offer of FAPE
3. Complete an initial REED to de-termine if student meets Michigan eligibility criteria for special education program/services
4. Hold IEP within 30 school days from the date of initial provision of FAPE
Additional Resources
The following sites provide useful information with regard to Berrien RESA’s Center Based Programs:
In order to obtain forms refer-enced on the Berrien RESA website: 1. Go to: http://www.berrien-
resa.org. 2. Select “Special Education”3. Click “Resources”
Compliance Standards for Special Education
OSE Compliance Standards for Special Education are now available at http://library.con-stantcontact.com/download/get/file/1101420787009-174/ComplianceStandards+for+Special+Education.pdf
