From OSEP:

Comparable services include services during the summer, such as Extended School Year (ESY) services. 

Requirements: When a child with an individualized education program (IEP) from a school district transfers into a new school district, whether in the same State or a different State, and enrolls in a new school in the same school year, the new school district (in consultation with the parents) must initially provide FAPE to the child, including the provision of services comparable to those described in the child’s IEP from the previous school district. 

34 C.F.R. § 300.323(e)-(f). In the case of an in-State transfer student, the new school district must provide comparable services until the new school district either adopts the child’s IEP from the previous school district or develops and implements a new IEP for the child that meets applicable requirements in State and Federal law. 34 C.F.R. § 300.323(e). In the case of an out- of-State transfer student, the new school district must provide comparable services until the new school district conducts its own evaluation (if determined to be necessary by the new school district) and develops and implements a new IEP for the child, if appropriate, that meets applicable requirements in State and Federal law. 34 C.F.R. § 300.323(f). This obligation to provide comparable services is fully applicable to highly mobile children with IEPs who transfer into new school districts, whether in the same State or a different State, in the same school year.4 

ESY services are special education and related services that are provided to a child with a disability beyond the normal school year of the school district, typically during the summer, in accordance with the child’s IEP. Each school district must ensure that ESY services are available to children with disabilities, including highly mobile children, if the IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child. ESY services must be provided at no cost to parents in accordance with the standards of the State educational agency (SEA). 34 C.F.R. § 300.106.  

In the case of highly mobile private school children with disabilities who are parentally-placed in private schools, LEAs may consider including this topic for discussion as part of the consultation process regarding the provision of equitable services.

What Does This Mean?

When a child with an individualized education program (IEP) transfers to a new school district, it is important to ensure a smooth transition and continuation of services. One specific aspect that requires attention is the provision of comparable services, which includes services that may be necessary during the summer, such as Extended School Year (ESY) services.

ESY services play a vital role in meeting the educational needs of students with disabilities. These services extend the school year beyond the typical academic calendar, ensuring that students receive the support and interventions outlined in their IEPs. ESY services are determined on an individual basis, taking into account the specific needs of each student and the goals set in their IEP.

To safeguard the right to a Free Appropriate Public Education (FAPE) for students with disabilities, federal regulations, specifically 34 C.F.R. § 300.323(e)-(f), establish guidelines for transferring students. These regulations apply when a child moves to a new school district within the same state or to a different state during the same school year.

For transfer students, the new school district has the responsibility to provide comparable services until they either adopt the child’s IEP from the previous school district or develop and implement a new IEP that adheres to the requirements set by state and federal law. This ensures that the student continues to receive services that are similar to those described in their previous IEP, including any necessary ESY services.

The obligation to provide comparable services applies to all highly mobile children with IEPs who transfer into new school districts, regardless of whether the transfer occurs within the same state or to a different state. This requirement ensures that the educational rights of these students are protected, regardless of their mobility.

It is crucial to note that the determination of comparable services is based on the unique needs of each student. The newly-designated IEP Team in the new school district, consisting of educators, parents, and other relevant professionals, is responsible for evaluating the student’s needs and developing an appropriate IEP. They must ensure that the services provided are comparable to those described in the child’s previous IEP, considering the individual requirements of the student.

The Department of Education emphasizes that the new school district cannot arbitrarily decrease the level of services provided as comparable services. Although limitations in availability or resources may pose challenges, the educational rights of the student must be upheld. The IEP Team should make efforts to provide services that are consistent with the student’s needs, ensuring their continued progress and access to FAPE.

In cases where highly mobile private school children with disabilities are placed in private schools by their parents, the local educational agencies (LEAs) should consider including discussions about the provision of ESY services as part of the consultation process regarding equitable services. This ensures that the needs of these children are considered and addressed appropriately, aligning with the legal requirements.

In summary, when a child with an IEP transfers to a new school district during the same school year, it is crucial to ensure the provision of comparable services, including ESY services when necessary. The determination of comparable services is individualized and made by the newly-designated IEP Team. Efforts should be made to maintain consistency and meet the unique needs of the student throughout the transfer process, upholding their educational rights and providing access to FAPE.