As a Special Education Director, navigating the complexities of Independent Educational Evaluations (IEEs) for students who transfer between school divisions can be challenging. Understanding the legal requirements and procedural steps is crucial for ensuring compliance and providing the best support for our students. Here, we'll break down key insights about IEEs for transfer students in Virginia.
Who Pays for the IEE?
One common question that arises is which school division is responsible for paying for an IEE when a student transfers. According to federal and state regulations, the responsibility shifts to the receiving school division when the child transfers. This includes responding to a parent's disagreement with the former school division's evaluation and eligibility process.
In the scenario where a student is found ineligible for special education and related services by the former school division, and the parent requests an IEE, the receiving school division must handle the request. The former division's evaluation-eligibility process is not fully concluded until the parent's request for an IEE is addressed.
Steps for the Receiving School Division
When a student transfers, the receiving school division must take a critical preliminary step:
- Adopt the previous LEA's evaluation and eligibility determination, or
- Conduct its own evaluations.
If the parent disagrees with the receiving school division's evaluation or the adoption of the previous LEA's evaluations, the receiving division must respond to the parent's request for an IEE. They can either grant the request or initiate a due process hearing to show that its evaluation is appropriate.
Eligibility Determinations and Timing
The same reasoning applies if the former LEA determined the child eligible for special education and related services, and the parent requests an IEE after moving. However, if the parent requests the IEE before the transfer, the former school division is responsible for completing the process.
In such cases, the former LEA must either grant the IEE request or initiate a due process hearing to show that its evaluation is appropriate. Once the IEE is completed and the eligibility process is concluded by the former division, the receiving LEA then takes over, either adopting the previous evaluations or conducting its own.
Practice Tips for School Divisions
Here are some practical tips to help school divisions manage IEEs for transfer students:
- Even if a parent does not request an IEE upon transfer, the receiving LEA should review the former LEA's evaluations and eligibility decisions to determine whether to conduct its own evaluations or adopt the previous ones. This proactive approach ensures the receiving LEA is prepared if the child's eligibility becomes an issue.
- For out-of-state transfer students, carefully review the evaluations and eligibility determinations since each state may have different criteria.
Understanding these procedures and responsibilities helps ensure that we, as educational leaders, can provide the necessary support and services to our students and comply with legal requirements.
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