A move is stressful enough without wondering whether your child's services will restart from zero. They will not, if you know what to ask for. Federal law puts a specific protection in place the moment your child enrolls in a new school, and it works differently depending on whether you stayed in the same state or crossed a state line.
The rule that protects your child on day one
Under federal law (34 CFR 300.323), a new school district cannot simply pause services while it "figures things out." If your child transfers to a new district within the same state during the school year, the new district must provide FAPE, including services comparable to the old IEP, immediately, in consultation with you, until it either adopts the old IEP or develops a new one.
If your child transfers from a district in another state, the rule is similar but not identical: the new district must provide comparable services, in consultation with you, until it conducts an evaluation (if it determines one is necessary) and develops a new IEP within a reasonable period of time. The new district must also take reasonable steps to promptly request your child's records, and the old district must take reasonable steps to promptly send them.
What "reasonable period of time" actually means
Federal law does not set one fixed number of days for finishing the new IEP after an out-of-state move, and states interpret "reasonable" differently. This is genuinely one of the murkier parts of the law. The practical move: ask the new district directly, in writing, what their timeline is and get it in an email so there is a record of what was promised.
What to bring on moving day
- A physical or digital copy of the current IEP, not just the promise that records will transfer
- The most recent evaluation report and any independent educational evaluations
- Recent progress reports on IEP goals
- Any behavior intervention plan, health plan, or 504 accommodations on file
- Contact information for the previous case manager, in case the new team has questions
Having your own copies matters because comparable services must start immediately, and a new district cannot legally wait for official paperwork to arrive before beginning services, but in practice, having the documents in hand speeds everything up.
Military families: the Interstate Compact
The Interstate Compact on Educational Opportunity for Military Children, adopted by all 50 states, the District of Columbia, and the Department of War Education Activity, exists specifically to smooth school transitions during a military move. It covers enrollment (you can use unofficial copies of records to enroll while official ones transfer, and you get 30 days to complete new immunization requirements), course and program placement, extracurricular eligibility even after normal deadlines have passed, and graduation requirements for students changing schools senior year.
For special education specifically, the Compact states that the receiving school must provide services comparable to the student's most current IEP. The receiving school may still conduct its own reevaluation to determine a new IEP, the Compact does not exempt a family from that process, it just guarantees services do not stop while it happens.
Each military installation has a School Liaison whose job is specifically to help families navigate this, including connecting you to the school's special education department. Ask your installation's Exceptional Family Member Program (EFMP) office to connect you with your School Liaison before you move, not after.
Washington specifics
Washington's rule (WAC 392-172A-03105) mirrors the federal requirement: a student who transfers into a Washington district with an IEP already in effect must receive FAPE, including comparable services, in consultation with the parents, until the district conducts an evaluation if one is needed and develops a new IEP. In practice, families report faster timelines when they request an initial meeting in writing within the first week of enrollment rather than waiting to be contacted.
Get free help with any of this
Every state has a federally funded Parent Training and Information Center that helps families through school transfers at no cost. In Washington, that is PAVE. Find your state's center at parentcenterhub.org, and see our full directory of free help for more organizations by state.
Common Questions
Does my child lose their IEP the moment we move?
How fast does the new school have to start services?
Can the new district throw out our old IEP and start over completely?
Is my family covered by the military Interstate Compact?
What records should I bring on moving day?
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