032-12 IEP: Transfer Student and Extended School Year Services
A student transfers during the summer to a new school division with an IEP that includes Extended School Year Services (ESY). What is the new school division’s obligation related to the provision of ESY?
There are two Virginia Regulations that apply in this situation. (1) 8 VAC 20-81-120 A details the receiving school division’s responsibilities when a student with a disability transfers to the new division. (2) 8 VAC 20-81-110 B requires that at the beginning of each school year, the school division must have an IEP in effect for each child with a disability within its jurisdiction.1
- If the student transfers during the summer before the start of the school year, the receiving school division must implement the student’s current IEP, as written, until the IEP team, with parental consent: 1) adopts the IEP from the student’s previous school division; 2) develops an interim IEP; or 3) develops a new IEP.2 These actions, thus, ensure the school division’s compliance with the requirements of 8 VAC 20-81-110 B.
- If, however, the student transfers during the summer before the start of the school year and the student’s previous IEP includes ESY, the receiving school division must treat the student as if the student had transferred to the school division “within the same school year” and comply with 8 VAC 20-81-120, since ESY services are considered an extension of the previous school year. Thus, the receiving school division must provide comparable ESY services in consultation with the parent until the student’s IEP team, with parental consent, does one of the following: 1) adopts the student’s previous IEP; 2) develops an interim IEP; or 3) develops a new IEP.3
Practice Tip: A good practice would be to train school personnel responsible for registering students with IEPs to determine if ESY services are required and to alert the local director of special education services (or designee) so that the above referenced requirements may be initiated in sufficient time to address the student’s need for ESY and/or any delays in providing these services.
1 For purposes of these requirements, “school year” is defined as the period of time approved or modified by the local school board as a school year or academic year.
2 These are the same requirements for when a student transfers during the school year. See 8 VAC 20-81-120, as detailed in FAQ 007-10.
3 See FAQ 007-10 for guidance in determining “comparable” services.