How are states interpreting 34 CFR 300.323(f)? Scenario:  Student with a disability, who has an IEP, moves to a new state (after the completion of school in their home state), and begins a new school year in the new state. Que

We need of clarification of what other states interpret 34 CFR 300.323(f). Scenario:  Student with a disability, who has an IEP, moves to a new state (after the completion of school in their home state), and begins a new school year in the new state. Question:  Does the new district have the option to not implement the other states IEP if it says it wants to do evaluations before implementing the IEP? The language that we are getting hung up on is the “transfers to a public agency in a new State, and enrolls in a new school within the same school year.”  The comments in the Federal Register are not clear as to whether the district can just say no to the IEP, and not offer any services until the evaluations for eligibility have been done. We have not seen the “enrolls in a new school within the same school year” language in (f) before and have always said that the new district needed to implement the previous state’s IEP until such time as evals were done or new IEP created. If the student enrolled in a different school year (meaning within months of the last school year) then how does that play out at the new district?  Does this law mean that students don’t get FAPE with an IEP because it is a new school year? We have a district that chose not to implement the previous state’s IEP until the evaluations were done. Therefore, the student did not receive any services until they determined eligibility.