Page:United States Statutes at Large Volume 118.djvu/2741

 118 STAT. 2711 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(i) consistent with State policy; and ‘‘(ii) agreed to by the agency and the child’s par ents. ‘‘(C) PROGRAM FOR CHILDREN WHO TRANSFER SCHOOL DISTRICTS.— ‘‘(i) IN GENERAL.— ‘‘(I) TRANSFER WITHIN THE SAME STATE.—In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in the same State, the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the pre viously held IEP, in consultation with the parents until such time as the local educational agency adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law. ‘‘(II) TRANSFER OUTSIDE STATE.—In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another State, the local edu cational agency shall provide such child with a free appropriate public education, including serv ices comparable to those described in the pre viously held IEP, in consultation with the parents until such time as the local educational agency conducts an evaluation pursuant to subsection (a)(1), if determined to be necessary by such agency, and develops a new IEP, if appropriate, that is consistent with Federal and State law. ‘‘(ii) TRANSMITTAL OF RECORDS.—To facilitate the transition for a child described in clause (i)— ‘‘(I) the new school in which the child enrolls shall 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 school in which the child was enrolled, pursuant to section 99.31(a)(2) of title 34, Code of Federal Regulations; and ‘‘(II) the previous school in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new school. ‘‘(3) DEVELOPMENT OF IEP.— ‘‘(A) IN GENERAL.—In developing each child’s IEP, the IEP Team, subject to subparagraph (C), shall consider— ‘‘(i) the strengths of the child; ‘‘(ii) the concerns of the parents for enhancing the education of their child; ‘‘(iii) the results of the initial evaluation or most recent evaluation of the child; and

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