RF Monitoring Training

Comparable ServicesParticipation in TAKS

February 19, 2010Event # 4987

Comparable Services

Times have changed!

34 Code of Federal Regulations (CFR) §300.323(e)

IEPs for children who transfer public agencies in the same State

• Had an IEP that was in effect in a previous public agency in the same state

• Enrolls in a new school within the same school year

§300.323(e)

The new LEA must:In consultation with parentProvide FAPE to the child, including services comparable to those described in the child’s IEP from the previous public agency, until the new public agency either:– Adopts the child’s IEP from the

previous LEA; or– Develops, adopts, and implements a

new IEP.

34 CFR §300.323(f)

IEPs for children who transfer from another State

Had an IEP that was in effect in a previous public agency in another state

Transfers to a public agency in a new state

Enrolls in a new school within the same school year

§300.323(f)

The new LEA must:In consultation with parentsProvide the child with FAPE, including services comparable to those described in the child’s IEP from the previous public agency, until the new public agency:– Conducts an evaluation, if determined to be

necessary by the new public agency;– Develops, adopts and implements a new IEP

Comparable Services

Services that are “similar” or “equivalent” to those that were described in the child’s IEP from the previous public agency, as determined by the child’s newly-designated IEP team in the new public agency

(as defined in August 14, 2006, comments in Fed. Register, Vol. 71)

So what does that all mean???

New student transfers into your LEA---If there is a consultation with parent

to discuss the student’s IEP from previous LEA; and

If the new LEA is going to provide comparable services to the student, following the goals/objectives from the previous IEP;

No ARD committee meeting is needed until the 30-day placement ARD.

When would you need a “temporary” ARD meeting?If the parents report that the previous IEP was not appropriate, etc.; andIf the new LEA is not going to provide comparable services;

An ARD committee must be convened as soon as possible to develop an IEP that will be utilized until the 30 day ARD.

Important!The ARD committee must provide justification in the IEP why comparable services are not being provided.

§300.323(g)Transmittal of Records

To facilitate the transition for a child described in paragraphs (e) and (f),

1. The new public agency must take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency;

§300.323(g)Transmittal of Records

2. The previous public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency.

Texas Education Code §25.002(a-1),

An LEA must respond to a request for a student record from the receiving LEA within 10 days after the date the request for information is received.  The timely transfer of a student record is important for a student's appropriate instructional placement for continued education as well as for various reports and entries on the state assessment forms. 

TEC §7.010(b)

Each school district, open-enrollment charter school, and institution of higher education shall participate in an electronic student records system that satisfies standards approved by the commissioner of education and the commissioner of higher education. 

(c)  The electronic student records system must permit an authorized state or district official or an authorized representative of an institution of higher education to electronically transfer to and from an educational institution in which the student is enrolled and retrieve student transcripts, including information concerning a student's:(1)  course or grade completion;(2)  teachers of record;(3)  assessment instrument results;(4)  receipt of special education services, including placement in a special education program and the individualized education program developed; and(5)  personal graduation plan as described by Section 28.0212.

Texas Records Exchange--TREx

The TREx system is a web-based software application designed for the exchange of electronic student records as mandated by the 79th Legislature, 3rd Called Session, 2006 (House Bill 1).

By using the TREx application, school registrars have the ability to electronically request and receive student records for students who have attended or will be attending Texas public schools.

As of December 20, 2009

A new version of TREx, version 3.5, was released which made it possible to transfer a student’s most current IEP to the new LEA.For purposes of Special Education records, TREx means an electronic transfer of the most current ARD document.

The TREx website at the Agency is available at http://ritter.tea.state.tx.us/trex/.

Questions