Education Code § 56325 - California Law

(a)(1) As required by subclause (I) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from district to district within the state. In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education,

including services comparable to those described in the previously approved individualized education program, in consultation with the parents, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law.

(2)In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services

comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with federal and state law.

(3)(A) As required by subclause (II) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from an educational agency located outside the State of California to a district within California. In the case of an individual with exceptional needs who transfers from district to district within the same academic year, the local educational agency shall provide the pupil with a free

appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, until the local educational agency conducts an assessment pursuant to paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code, if determined to be necessary by the local educational agency, and develops a new individualized education program, if appropriate, that is consistent with federal and state law.

(B)(i) For purposes of subparagraph (A), a local educational agency shall, within 30

days of receipt of official or unofficial records, either adopt and implement the individualized education program previously adopted for the pupil or develop, adopt, and implement a new individualized education program for the pupil that is consistent with federal and state law, if applicable.

(ii) For purposes of clause (i), “unofficial records” has the same meaning as described in subdivision (A) of Article IV of the Interstate Compact on Educational Opportunity for Military Children, as specified in Section 49701.

(b)(1) To facilitate the transition for an individual with exceptional needs described in subdivision (a), the new school in which the individual

with exceptional needs enrolls shall take reasonable steps to promptly obtain the pupil’s records, including the individualized education program and supporting documents and any other records relating to the provision of special education and related services to the pupil, from the previous school in which the pupil was enrolled, pursuant to paragraph (2) of subsection (a) of Section 99.31 of Title 34 of the Code of Federal

Regulations and consistent with the Interstate Compact on Educational Opportunity for Military Children, as specified in subdivision (A) of Article I, subdivision (E) of Article II, and subdivisions (B) and (C) of Article V of Section 49701, as applicable.

(2)The previous school in which the individual with exceptional needs was enrolled shall take reasonable steps to promptly respond to the request from the new school.

(3)The new school in which the individual with exceptional needs enrolls shall accept

unofficial records provided by the pupil’s parent or guardian pending validation by the official records, consistent with the requirements of the Interstate Compact on Educational Opportunity for Military Children, as specified in subdivision (A) of Article I, subdivision (E) of Article II, and subdivisions (B) and (C) of Article V of Section 49701, as applicable.

(c)If whenever a pupil described in subdivision (a) was placed and residing in a residential nonpublic, nonsectarian school, prior to transferring to a district in another special education local plan area, and this

placement is not eligible for funding pursuant to Section 56836.165, the special education local plan area that contains the district that made the residential nonpublic, nonsectarian school placement is responsible for the funding of the placement, including related services, for the remainder of the school year. An extended year session is included in the school year in which the session ends.