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About Norm Bishop
Expertise
I have spent 34 years in the area of Special Education. I have had the pleasure of teaching pre-school, elementary, middle, high school and college levels, as well as, served in school district administration buildings in classroom/legal support positions. I have also spent the past 3 years working in a State Department of Education Exceptional Student Services Office and am currently teaching college students how to be special educators.

Experience
I have experienced directly special education legal issues, process and procedure, and have taught at all levels in every special education category except gifted. My major expertise is diagnostic prescriptive teaching.

Organizations
Council for Exceptional Children, Association for the Supervision of Curriculum, National Reading Council.

Publications
Teaching Exceptional Children, Published computer assisted instruction, titled PAL, Special Education Basics, college Textbook, Teaching with Precision, college Textbook, Various devotionals at the website, Preachitteachit.com.

Education/Credentials
I have a B.A. in Secondary Education, a Masters in Special Education (cross categorical), administrative certification, and a second B.A. in Elementary Education. I have completed the coursework for a Ph.D., just haven't completed the dissertation.

Awards and Honors
Best Summer Program in the Nation (Honorable Mention, when I was Teaching) Multiple local awards

You are here: Experts > Parenting/Family > Special Education > Special Education > 30 day transfer-in IEP

Special Education - 30 day transfer-in IEP

Expert: Norm Bishop - 10/28/2009

Question
I am a SPED teacher in CA. A student transferred into our district last week and was placed in my Mild/Mod Special Day Class based on the information in the IEP. This student has MR and Down's Syndrome. The day she arrived I called PPS and told them she was not appropriately placed per my assessment. She would be more appropriately in the Mod/Severe SDC. When we did receive the psych report it said the student had been in a Mod/Severe County Program in the previous district. I have again notified PPS and have been told that we must wait 30 days before doing a transfer-in IEP that would change her placement. It was my understanding that a transfer-in IEP needed to be done within 30 days, not after. Is that correct? Where can I locate this in writing?
I appreciate your assistance.

Answer
The short answer to your question is that the Individuals with Disabilities Act does not have any provision for a "transfer-in" IEP. In fact, the 2004 Revisions were clear that an IEP from one place to another was still an IEP. In essence, as soon as the receiving district obtains enough records to know what the previous placement was, they have two choices. 1) They place based upon the previous district's IEP, or 2) The conduct new assessment and place based upon a review of the old information and the new assessment data.

As far as having to change the old IEP to the new forms, the federal law has no requirement for that. Technically an IEP is valid for a year, or until it is redone or revised. There are some states who have in their state code a provision for a new IEP within a specified number of days. I am not familiar enough with California Code to know if there is a provision for such a thing.

The best source for interpretation of your State Special Ed code is to call the California Department of Education, Exceptional Student Services and ask if the code discusses a "transfer-in" IEP, or is an IEP from another district in or out of your state valid until you complete a new IEP.

The IEP section of IDEA is found at this website: http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalArea%2C1%2C

This is the Office of Special Programs IDEA website, a great resource to know exactly what the law says.

From what you described, I would be most concerned with waiting 30 days in a placement that the existing IEP and your direct observation says is inappropriate. Your district would be saying that it is OK to deny this child FAPE for 30 days because of policy...no, it is never OK to deny a child a free, APPROPRIATE, public education.

The California Dept of Education, Special Ed web site is: http://www.cde.ca.gov/sp/se/

Hope this helps...Norm

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