DoD Office of Community Support for Military Families with Special Needs September 2010 eNewsletter
Moving from state-to-state? What are comparable services? Although each state and the Department of Defense (DoD) schools have different implementing rules for special education, the Individuals with Disabilities Education Act (IDEA) requires that a student’s individualized education program (IEP) be honored upon relocation whether within a state, to another state, or to a DoD school. If a student transfers into a new school in the same state within the same school year or transfers between DoD schools, the new school must accept the eligibility of the child for special education and provide the child with comparable services. When transferring from one state to another or from a non-DoD school to a DoD school, the new school system may re-evaluate the child for eligibility for special education, but will provide comparable services until the evaluation is completed. The term "comparable" has been defined to mean that the student's special education and related services will be similar or equivalent to those provided in the previous school, but need not be an exact match in terms of time or provider. Upon receipt of the current individualized education program (IEP), the receiving school will convene an IEP team to determine the types of services that the child needs. The team will review the services agreed upon by the parent and the sending school documented in the IEP. For a smooth transition, parents should provide as much information as possible to the IEP team about their child's strengths and needs. The new school may accept the incoming IEP or develop, adopt, and implement a new IEP for the child based on information collected regarding needs and the child's present level of performance in the new learning environment. A new IEP will be drafted with the consensus of the team as to the type, duration, and intensity of services needed for the current school year. The law requires the school to provide comparable services, but this does not mean exact services. The learning environment in the new school system may vary from the one that the student attended previously. For example, the child's general education class size may be smaller in the new school, which could allow the child more individualized attention in the classroom and decrease the need to pull the child out for special education services. The sending school may have had a swimming program; the new school may not have a pool, but can provide the required recreation through other means. It is important for parents to send or hand-carry the child's special education assessments, IEPs, and progress reports to the new school to minimize interruption to services for the child. Additional Articles in this eNewsletter!Click here to read additional articles on the following topics.
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