What happens to my child's IEP when we move to another state?

Quick answer

When you move to a new state, the new public school district must provide comparable services based on your child's existing IEP until it conducts a review and, if necessary, develops a new IEP under state rules. The new state must follow IDEA and cannot make you start from zero, but forms, eligibility standards, and service models may differ. Request records transfer before you move if possible.

What this means for parents

Interstate moves create paperwork delays, but they do not remove your child's right to FAPE. Plan ahead so services do not stop.

• The receiving district should implement the current IEP to the extent possible until it holds an IEP meeting and adopts or revises the plan.
• The new state may accept existing evaluation data or conduct new evaluations. It cannot use re-evaluation as an excuse to deny all services for months.
• Eligibility criteria are similar nationwide under IDEA, but states define categories and procedures differently. A child eligible in one state is usually eligible in another, though the label or plan may change.
• Bring copies of the IEP, latest evaluations, progress reports, behavior plan, and any due process or mediation agreements.
• If your child had a 504 plan but not an IEP, the new district must still evaluate if you request it and suspect a need for special education.
• Private providers and Medicaid services do not transfer automatically. You will need new referrals and authorizations in the new state.

Questions when moving to a new state

Contact the new district's special education office before enrollment if you can.

1. What documents do you need to enroll my child and begin special education services?
2. Will you implement the current IEP from [previous state] while you review it?
3. When will the IEP team meet, and will you accept existing evaluations or require new testing?
4. How do related services such as speech, OT, and counseling get scheduled in your district?
5. Are there state-specific forms, timelines, or programs I should know about, such as ESY or transition services?

Simple parent script

Common mistakes to avoid

• Enrolling as a general education student and waiting to mention the IEP until problems start.
• Assuming the new state will copy the old IEP exactly. Expect revisions, but not a total service gap.
• Discarding old records because 'the new school will request them.' Request them yourself.
• Not researching whether the new state has different graduation, diploma, or diploma-track rules for students with IEPs.
• Letting the new district delay services for months pending evaluations when comparable services were available immediately.

When to get more help

Consider getting help when the new district refuses to serve your child until new evaluations are complete, denies eligibility without review, significantly cuts services compared to the prior IEP, or you need help comparing two states' rules on placement, graduation, or transition.