The Permission to Place process in Illuminate documents the provision of FAPE for transferring special education students while the IEP team, including parents, determines whether the student’s current IEP will be adopted or a new IEP will be developed.
The IEP must be in place BEFORE the start of the school year. This includes holding and completing the IEP BEFORE the start of the school year if the IEP team cannot adopt the IEP from the previous district.
Note: This means that the school should make efforts to locate such students during the summer.
The first day of enrollment is the first day a student attends the new school and attendance is taken for the student. It is Day 1 of the transfer process. The new public agency shall immediately provide FAPE upon enrollment including services comparable to those in the student’s IEP from the previous public agency.
The District MUST hold, develop AND implement (“publish”) within 30 SCHOOL DAYS OF ENROLLMENT.
The District MUST complete a REED, culminating in an IEP meeting to develop and implement a NEW IEP within 30 SCHOOL DAYS OF ENROLLMENT.
The IEP team must make a decision as to if they can adopt/implement the previous district's IEP as is. Following are specific factors the team will need to consider in order to select the appropriate STUDENT TRANSFERRED FROM option.
OUT OF STATE
- This option is for students transferring from outside Michigan. The IEP team will want to follow the OUT OF STATE checklist to ensure compliance.
OUT OF COUNTY/WITHIN COUNTY PAPER IEP
- This option is for students transferring from within Michigan. This option allows you to use the IEP from the previous district OR hold an IEP no later than 30 school days from enrollment.
WITHIN COUNTY
- This option is for students transferring within the LISD. This option allows you to use the IEP from the previous district OR hold an IEP no later than 30 school days from enrollment.
USE IEP FROM PREVIOUS DISTRICT (WITHIN COUNTY/OUT OF COUNTY/WITHIN COUNTY PAPER IEP ONLY)
- The IEP from the previous public agency may only be adopted for in-county or in-state students when the IEP from the previous public agency may be used with no changes. To adopt an IEP, the most recent IEP must meet the following criteria:
- The most recent IEP is less than 1 year old and the most recent Reevaluation IEP is less than 3 years old The most recent IEP is from a district in Michigan
- The district is able to exactly replicate all components of the IEP including the frequency and duration of programs and services
NOTE: An IEP may not be adopted when the IEP team is completing a Reevaluation REED & IEP in conjunction with the transfer process because a new IEP is always developed to integrate evaluation findings.
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OBTAIN AND REVIEW RECORDS (before or same day as enrollment)
- Consider a call to request the previous public agency fax special education records rather than waiting on the CA60 to arrive in the mail
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DETERMINE COMPARABLE SERVICES & PROVIDE FAPE (before or same day as enrollment)
- IDEA does not define comparable but guides IEP teams to interpret “comparable” as services that are “similar” or “equivalent.” For example, if a student’s IEP states they are in a “learning center” for math, they may be placed in “resource room” for math if the services and programming received in both placements are the same. This same student may not be placed in “study skills” for all subjects because the services and programming received in both placements is different (math-specific instruction vs. general support for all subjects)
- Comparable services should be based on needs, programming, and the professional judgment of the IEP Team rather than the eligibility category.
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CONSULT WITH PARENTS (before or same day as enrollment)
- Consult about the transfer process and provide copies of all relevant forms and records.
- Follow standard procedures for IEPs & evaluations including obtaining consent & providing a copy of Procedural Safeguards
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COMPLETE A PERMISSION TO PLACE (before or same day as enrollment)
- Select OUT OF STATE OPTION in response to Student Transferred From?
- For additional assistance in determining data needs, please go to Quick FYIs for Permission to Place Fields and Out of State Permission to Place
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NOTIFY ALL RECEIVING PROVIDERS (before or same day as enrollment)
- Provide the permission to place and most recent IEP to all receiving providers as well as general education teachers
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COMPLETE A REED (complete REED, perform evaluation (if appropriate), complete MET Form, within 30 school days of enrollment)
- An Initial REED (not a Reevaluation REED) must be completed as part of the transfer process for out-of-state students. The MET, in consultation with parents, may determine if additional assessment is required to establish eligibility per Michigan. Parent consent must be obtained for the REED regardless of the decision to conduct additional assessment. Available information and data from the most recent 12 months would be considered most relevant to the decision process as guided by the professional judgment of the IEP team. The MET should complete the MET form to indicate the student’s eligibility for special education services.
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DEVELOP AND IMPLEMENT A NEW IEP (within 30 school days of enrollment)
- The IEP team including the MET and parents should develop and implement a new IEP that integrates evaluation results with the student’s current educational strengths and needs as well as how to meet those needs best in the new educational setting.
- In instances of overdue IEPs (more than a year old), the new public agency must follow the same requirements of other transfer students even if the previous public agency failed to meet annual review requirements for the student’s IEP but the student continued to receive special education and related services under the IEP. Therefore, the initial REED & IEP should be completed as soon as possible upon enrollment. A Permission to Place form is still required and the student should receive special education services while the new IEP is in process.
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OBTAIN AND REVIEW RECORDS (before or same day as enrollment)
- Consider a call to request the previous public agency fax special education records rather than waiting on the CA60 to arrive in the mail
- DETERMINE COMPARABLE SERVICES & PROVIDE FAPE (before or same day as enrollment)
- IDEA does not define comparable but guides IEP teams to interpret “comparable” as services that are “similar” or “equivalent.” For example, if a student’s IEP states they are in a “learning center” for math, they may be placed in “resource room” for math if the services and programming received in both placements are the same. This same student may not be placed in “study skills” for all subjects because the services and programming received in both placements is different (math-specific instruction vs. general support for all subjects)
- Comparable services should be based on needs, programming, and the professional judgment of the IEP Team rather than the eligibility category.
- CONSULT WITH PARENTS (before or same day as enrollment)
- Consult about the transfer process and provide copies of all relevant forms and records.
- Follow standard procedures for IEPs & evaluations including obtaining consent & providing a copy of Procedural Safeguards
- COMPLETE A PERMISSION TO PLACE (before or same day as enrollment)
- Either Adopt the Current IEP OR Develop and Implement a new IEP
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Adopt the Current IEP Criteria:
- An adopted IEP means the IEP from the previous public agency may be used in the new setting with no changes. No changes means the services and programming in the IEPs are the same, including frequency and duration of programs and services. Must meet the following criteria:
- Most recent IEP is less than 1 year old & most recent reevaluation is less than 3 years old
- Most recent IEP is from a district in Michigan
- The district is able to replicate exactly all components of the IEP including the frequency and duration of programs and services and keeping these the same best meets the student’s educational needs in the new public agency
- An adopted IEP means the IEP from the previous public agency may be used in the new setting with no changes. No changes means the services and programming in the IEPs are the same, including frequency and duration of programs and services. Must meet the following criteria:
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Develop and Implement a new IEP (within 30 school days of enrollment) criteria:
- A new IEP should be implemented when:
- The new public agency is not able to replicate all components of the previous public agency’s IEP and/or the frequency, duration, or any other aspect of the services and programming will change based on the student’s educational needs
- The most recent IEP is more than a year old
- The most recent reevaluation IEP is more than 3 years old
- A new IEP should be implemented when:
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Adopt the Current IEP Criteria:
- For additional assistance in determining if you can adopt the current IEP go to Permission to Place FAQs -> What Does Comparable Data Mean?
- For additional assistance in determining data needs, please go to Quick FYIs for Permission to Place Fields and Out of State Permission to Place
- Either Adopt the Current IEP OR Develop and Implement a new IEP
- NOTIFY ALL RECEIVING PROVIDERS (before or same day as enrollment)
- Provide the permission to place and most recent IEP to all receiving providers as well as general education teachers
- DETERMINE IF A REED IS DUE (before or as soon as possible upon enrollment)
- If a REED is due during the same school year for in-county or in-state student transfers, the IEP team may decide to complete the REED as part of the transfer process or may choose to wait until the REED is due. If the team does not complete the REED during the transfer process, a REED & IEP are still due on or before the REED due date, regardless of any IEP completed or implemented because of the student’s transfer. If the team completes the REED during the transfer process, a new IEP must be developed to integrate evaluation results; the IEP from the previous district cannot be adopted due to this requirement.
- ADOPT THE CURRENT IEP OR DEVELOP AND IMPLEMENT A NEW IEP (within 30 school days of enrollment)