Quick Answer
When you move to a new school district, your child's IEP services must continue without interruption. The new school must provide comparable services immediately under the existing IEP. Stay-put protections also apply if a dispute arises with the new district — the child remains in the comparable placement until the dispute is resolved.
When you move to a new school district, your child's IEP services must continue without interruption. The new school must provide comparable services immediately under the existing IEP. If a dispute arises with the new district about the IEP, stay-put protections apply — your child remains in the comparable placement until it is resolved.
The short answer: yes. Federal law requires the new school district to provide your child with services comparable to their current IEP — starting immediately. Not after a new evaluation. Not after the new district "gets around to it." Immediately.
But "the law says so" and "it actually happens" are not always the same thing. This article explains exactly what protections your child has when you move, what "comparable services" really means, and what to do when the new district doesn't follow through.
Stay-Put vs. Transfer Protections: Two Different Shields
Parents often hear "stay-put" and assume it applies to every situation where their child's services are at risk. But the legal protections for a move are different from the protections during a dispute — even though they serve the same goal: keeping your child's education stable.
Stay-put during a dispute (34 CFR §300.518)
Stay-put (pendency) is triggered when a due process complaint is filed. It freezes your child's entire educational program — placement, services, accommodations, everything — until the dispute is resolved. It applies when you and the current school district disagree about your child's IEP.
Transfer protections during a move (34 CFR §300.323)
Transfer protections apply when your family moves to a new school district. The new district is required to provide comparable services to what your child was receiving under their previous IEP. These protections ensure there is no gap in services while the new district either adopts the existing IEP or develops a new one.
The critical difference: stay-put is a freeze — nothing changes. Transfer protections are a bridge — services continue while the new district transitions your child. Both exist for the same reason: your child's education should not be interrupted because adults are sorting out paperwork.
In-State Transfers: Comparable Services Immediately
When you move to a new school district within the same state, the transfer protections are clear and strong.
Under 34 CFR §300.323(e), the new district must:
- Provide FAPE immediately — including services comparable to those described in your child's existing IEP, in consultation with the parents
- Either adopt the existing IEP or develop a new IEP — within a reasonable time
There is no gap. There is no waiting period. The new district cannot say "we need to do our own evaluation first" or "we'll get services started once we have an IEP meeting." Comparable services begin the day your child enrolls.
For in-state transfers, the new district does not need to re-establish eligibility. Your child is already eligible for special education under the same state's criteria. The new district must obtain your child's records from the previous district (and the previous district must send them promptly), and then decide whether to adopt the existing IEP as-is or develop a new one.
Out-of-State Transfers: Same Protection, Different Process
When you move to a different state, the protections are similar but the process has an additional step.
Under 34 CFR §300.323(f), the new district must:
- Provide FAPE immediately — including services comparable to those in the existing IEP, in consultation with the parents
- Conduct a new evaluation if the district determines one is necessary — to decide whether the child meets the new state's eligibility criteria
- Develop a new IEP if the child is found eligible — within a reasonable time
The key difference from an in-state transfer: the new state may have different eligibility criteria. A child who qualified under one state's standards might need to be re-evaluated under the new state's standards. But — and this is critical — comparable services must be provided while that evaluation is happening. The re-evaluation is not a reason to delay services.
In practice, re-evaluation after an out-of-state move is not automatic. The new district has the option to conduct one if they believe it's needed — but many districts simply adopt the existing IEP or develop a new one based on the existing data. If the new district does want to re-evaluate, they must obtain your consent first (under 34 CFR §300.300), and your child continues receiving comparable services throughout the evaluation process.
What "Comparable Services" Actually Means
The word "comparable" is where most disputes happen. The new district is required to provide comparable services — but what does that actually mean?
Federal guidance is clear: comparable does not mean identical. It means services that are similar in type, frequency, duration, and intensity to what the child was receiving. The goal is to ensure the child continues making progress toward their IEP goals during the transition.
Here is what comparable looks like in practice:
- Speech therapy, 2x/week, 30 minutes each → Comparable: speech therapy, 2x/week, 30 minutes each (not a 15-minute group session once a week)
- 1:1 paraprofessional support throughout the school day → Comparable: 1:1 paraprofessional support throughout the school day (not "shared aide for part of the day")
- Resource room for math and reading, 90 minutes total → Comparable: pull-out or push-in specialized instruction for math and reading, approximately 90 minutes total (the room name may differ, but the service level should match)
- Occupational therapy, 1x/week, 45 minutes → Comparable: occupational therapy, 1x/week, 45 minutes (not "OT consultation" where a therapist advises the teacher instead of working directly with your child)
What to Do Before You Move
The single best thing you can do for your child's IEP transition is prepare before you leave. Here is your pre-move checklist:
Get copies of everything
- The current IEP — every page, including the services page, accommodations, goals, present levels, and any behavior intervention plans
- The most recent evaluation reports — psychoeducational, speech/language, OT, any outside evaluations
- Progress reports — all IEP progress reports from the current year and previous year
- Report cards and attendance records
- Any relevant correspondence — Prior Written Notices, your parent concern letters, meeting notes
Do not rely on the school to transfer these records. They are required to send them — but it can take weeks. Having your own copies means your child's services can start on day one at the new school.
Request a records transfer
Before you leave, submit a written request to the current school asking them to transfer your child's complete special education file to the new district. Under 34 CFR §300.323(g), the current school must respond to the records request promptly. Put the request in writing, include the new school's name and address if you know it, and keep a copy.
Contact the new district early
If possible, call the new school district's special education department before you move. Let them know:
- Your child has an IEP
- When you expect to enroll
- That you have copies of the current IEP and evaluations ready to share
- That you want to schedule an IEP meeting as soon as possible after enrollment
This is not required, but it gives the new district a heads-up and eliminates the "we didn't know" excuse.
What to Do After You Move
You've arrived. Boxes everywhere. Now here is how to protect your child's services:
Enroll immediately
Do not delay enrollment. The comparable services obligation begins when your child enrolls. Every day you wait is a day without the legal protection. Enroll on the first possible day and bring your copy of the IEP.
Hand-deliver the IEP
At the enrollment meeting, give the school a complete copy of the current IEP and the most recent evaluation. Ask them to make copies for the special education team. Get the name and email of the special education coordinator or case manager.
Confirm services in writing
Within the first few days, send an email to the special education coordinator confirming what services your child should be receiving. Reference the specific services from the IEP: "Per [child's name]'s current IEP, they should be receiving speech-language therapy 2x/week for 30 minutes, OT 1x/week for 45 minutes, and resource room support for 90 minutes daily. Please confirm that comparable services are in place."
Request an IEP meeting
Don't wait for the school to schedule one. Put it in writing: "I am requesting an IEP meeting to review [child's name]'s current IEP and discuss any needed adjustments for this new setting. Please schedule this meeting within 30 days of enrollment." This creates a paper trail and a deadline.
When the New District Pushes Back
This is where the rubber meets the road. Here are the most common problems and how to handle them:
"We need to do our own evaluation first"
The new district may want to evaluate your child — and that is their right under IDEA. But an evaluation is not a prerequisite for starting services. Comparable services must begin immediately upon enrollment. The evaluation happens in parallel, not instead of services. If the school says "we can't start services until we evaluate," respond in writing: "Under 34 CFR §300.323, comparable services must be provided immediately. I consent to an evaluation, but services must begin now, not after the evaluation is complete."
"We don't offer that service here"
Every district has different programs — but your child's IEP rights are not limited to what the district happens to offer. If your child's IEP includes a service that the new district does not have in-house, the district must find a way to provide it. This might mean contracting with an outside provider, sharing services with a neighboring district, or creating a comparable alternative. "We don't do that here" is not a legal defense.
"We want to reduce services"
If the new district proposes an IEP with fewer services than the previous one, this is a proposed change to your child's program — and it triggers all the usual protections. The school must explain why the reduction is appropriate (through data, not convenience), provide Prior Written Notice, and give you the opportunity to respond. If you disagree, you have the same options as any IEP dispute: request a reconvened meeting, seek mediation, or file for due process. If you file for due process, stay-put protections kick in — and the "current placement" would be the comparable services from the previous IEP.
"Your child doesn't qualify under our state's criteria"
This applies only to out-of-state transfers. The new state may have different eligibility criteria, and the new district may determine that your child does not qualify under their standards. But here is what they cannot do: they cannot cut off services while they are making that determination. Comparable services must continue during the evaluation. If the new district ultimately finds your child ineligible, they must provide Prior Written Notice and you have the right to dispute the finding through due process.
The 30-day window
While federal law says the new district must develop a new IEP "within a reasonable period of time," many states use 30 calendar days as the benchmark. During those 30 days, comparable services must be in place. If 30 days pass and the new district has not held an IEP meeting or provided you with a proposed IEP, send a written request: "It has been [number] days since enrollment and no IEP meeting has been scheduled. Please schedule one within the next 10 days. Comparable services must continue until a new IEP is developed and agreed upon."
Some states have specific timelines codified in state law or regulation. Check with your new state's Parent Training and Information Center (PTI) for the specific deadline in your state.
Your Transfer Protection Checklist
Use this checklist to protect your child's services during a move:
Before you move
- Get complete copies of the current IEP, evaluations, and progress reports. — Do not rely on school-to-school records transfer.
- Submit a written records transfer request to the current school. — Cite 34 CFR §300.323(g).
- Contact the new district's special education department. — Let them know your child has an IEP and when you plan to enroll.
- Research the new state's special education rules. — If moving out of state, check eligibility criteria and timelines through the state PTI.
After you move
- Enroll immediately. — Services begin upon enrollment. Every day of delay is a day without protection.
- Hand-deliver a copy of the IEP at enrollment. — Do not wait for records to transfer.
- Confirm comparable services in writing. — Email the special education coordinator listing the specific services from the IEP.
- Request an IEP meeting in writing. — Ask for a meeting within 30 days of enrollment.
- Track what services are actually being provided. — Compare what was in the IEP to what your child is actually receiving.
- If the new district pushes back, respond in writing. — Cite 34 CFR §300.323 and request Prior Written Notice for any proposed changes.
- Escalate if necessary. — State complaint, mediation, or due process. You have the same rights in the new district as you had in the old one.
Sources
- Individuals with Disabilities Education Act (IDEA) — U.S. Department of Education
- 34 CFR §300.323 — When IEPs Must Be in Effect — Code of Federal Regulations
- 34 CFR §300.518 — Child's Status During Proceedings (Stay Put) — Code of Federal Regulations
- 34 CFR §300.300 — Parental Consent — Code of Federal Regulations
- 34 CFR §300.503 — Prior Written Notice — Code of Federal Regulations